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Session Laws, 1982
Volume 742, Page 1263   View pdf image
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HARRY HUGHES, Governor                                  1263

(2)   If the Director on Aging finds that any such
related institution is in violation of any statute, rule, or
regulation of any State agency which is directly and
specifically charged with the [regulations] REGULATION of
any aspect of the institution, he or she shall immediately
notify that agency in writing of the findings of fact. If
the violation or condition is not corrected within a
reasonable time, the Director shall, with the prior approval
of the Commission ON AGING, request the State agency to take
the steps .. necessary to bring the institution into
compliance, and the agency shall take appropriate action.

(3)  (I) THE DIRECTOR ON AGING MAY DELEGATE HIS
AUTHORITY UNDER SECTION 5(A) TO THE DIRECTOR OF A LOCAL
OFFICE ON AGING IN ACCORDANCE WITH A LOCAL NURSING HOME
OMBUDSMAN PROGRAM ESTABLISHED PURSUANT TO REGULATIONS
PROMULGATED BY THE STATE DIRECTOR ON AGING.

(II) THE REGULATIONS SHALL PROVIDE FOR:

1.  MINIMUM TRAINING REQUIREMENTS FOR
ALL PROGRAM STAFF AND VOLUNTEERS;

2.  COOPERATION WITH THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE; AND

3.  ANNUAL REVIEW OF ALL OMBUDSMAN
ACTIVITIES BY THE STATE OFFICE ON AGING.;

4.  COMPLAINT REVIEW, INVESTIGATION,
AND RESOLUTION PROCEDURES INCLUDING PROVISIONS WHICH ASSURE
THE CONFIDENTIALITY OF COMPLAINTS AND THE RIGHT OF PRIVACY
OF ANY COMPLAINANT OR RESIDENT OF A RELATED INSTITUTION;

5.  MAINTENANCE BY THE LOCAL
OMBUDSMAN OF A RECORDKEEPING OR INFORMATION SYSTEM WHICH
ASSURES THE CONFIDENTIALITY OF RECORDS OR FILES AND THE
RIGHT OF PRIVACY OF ANY COMPLAINANT OR RESIDENT OF A RELATED
INSTITUTION; AND

6.  ACCESS, REVIEW, AND COPYING OF
MEDICAL RECORDS TO THE EXTENT AUTHORIZED BY § 4-302(B) OF
THE HEALTH - GENERAL ARTICLE WHEN THE LOCAL OMBUDSMAN IS THE
PERSON IN INTEREST OR AS OTHERWISE PROVIDED BY LAW.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved May 4, 1982.

CHAPTER 105

 

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Session Laws, 1982
Volume 742, Page 1263   View pdf image
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