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Title: Section 411.1 - Duty of the operator

Effective Date


411.1 Duty of the operator. The operator shall:

(a) ensure that Ombudsmen who are duly certified and designated by the State Office for the Aging shall have access to a residential health care facility without restriction, and shall prohibit interference with ombudsmen when they are performing their official duties and retaliation or reprisal against any resident, employee or other person, who has filed a complaint with, or provided information to, such ombudsmen;

(b) ensure privacy and confidentiality in such visits with the patients by duly authorized ombudsmen;

(c) ensure that records access ombudsmen specially designated under Section 544 of the State Executive Law shall have access to medical and personal records, subject to the following provisions and exceptions:

(1) the patient/resident, or, where appropriate, the patient's/resident's appointed committee, shall provide express written consent;

(2) periods of access shall include normal business hours, and may include other times mutually acceptable to the ombudsmen and the facility by appointment;

(3) one or more members of the facility's staff shall be available to arrange for inspection, interpretation, and, for a reasonable fee, to photocopy such records; and

(4) a physician's personal notes, which shall mean the physician's speculations, reminders, impressions other than diagnostic impressions, and other information unrelated to treatment decisions, may be excluded from disclosure.

(d) ensure that residents, employees or other person(s) may file complaints with or provide information to any long term care patient Ombudsman as specified in Section 411.1(a).


VOLUME C (Title 10)