2012 Nebraska Revised Statutes
Chapter 81 - STATE ADMINISTRATIVE DEPARTMENTS
81-2258 - Office; access to medical and personal records; liability for disclosure; confidentiality.

81-2258. Office; access to medical and personal records; liability for disclosure; confidentiality.

(1) In order for the office to carry out its responsibilities under the Long-Term Care Ombudsman Act, the office shall have access to the medical and personal records of an older individual who is a patient, resident, or client of a long-term care facility which are retained by the facility. If the older individual:

(a) Has the ability to consent in writing, access may only be obtained by the written consent of the older individual;

(b) Is unable to consent in writing, oral consent may be given in the presence of a third party as witness before access is given;

(c) Is under guardianship or conservatorship that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records unless (i) the existence of the guardianship or conservatorship is unknown to the office or the facility, (ii) the guardian or conservator cannot be reached within five working days, (iii) the subject of the complaint is the guardian or the conservator, or (iv) in case of an emergency; and

(d) Is unable to express written or oral consent and there is no guardian or conservator or the notification of the guardian or conservator is not applicable for reasons set forth in subdivision (c) of this subsection or the older individual is deceased, inspection of records may be made by the state long-term care ombudsman.

(2) Copies of records may be reproduced by the office.

(3) Upon request by the office, a long-term care facility shall provide to the office the name, address, and telephone number of the guardian, conservator, attorney in fact, legal representative, or next of kin of any patient, resident, or client.

(4) The long-term care facility and personnel who disclose records pursuant to this section shall not be liable for the disclosure.

(5) The office shall establish procedures to protect the confidentiality of records obtained pursuant to this section.