Page:United States Statutes at Large Volume 106 Part 2.djvu/399

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PUBLIC LAW 102-375 —SEPT. 30, 1992 106 STAT. 1279 (D) access to and, on request, copies of all licensing and certification records maintained by the State with respect to long-term care facilities. "(2) PROCEDURES. —The State agency shall establish procedures to ensure the access described in paragraph (1). "(c) REPORTING SYSTEM. —The State agency shall establish a statewide uniform reporting svstem to— "(1) collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving significant problems; and "(2) submit the data, on a regular basis, to— "(A) the agency of the State responsible for licensing or certifying long-term care facilities in the State; "(B) other State and Federal entities that the Ombudsman determines to be appropriate; "(C) the Commissioner; and "(D) the National Ombudsman Resource Center established in section 202(a)(21). " (d) DISCLOSURE.— "(1) IN GENERAL. —The State agency shall establish procedures for the disclosure by the Ombudsman or loc£d Ombudsman entities of files maintained by the program, including records described in subsection (b)(1) or (c). "(2) IDENTITY OF COMPLAINANT OR RESIDENT.—The procedures described in paragraph (1) shall— "(A) provide that, subject to subparagraph (B), the files and records described in paragraph (1) may be disclosed only at the discretion of the Ombudsman (or the person designated by the Ombudsman to disclose the files and records); and "(B) prohibit the disclosure of the identity of any complainant or resident with respect to whom the Office maintains such files or records unless— "(i) the complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure and the consent is given in writing; "(iiXI) the complainant or resident gives consent orally; and "(II) the consent is documented contemporeuieously in a writing made by a representative oi the Office in accordance with such requirements as the State agency shall establish; or "(iii) the disclosure is required by court order. "(e) CONSULTATION. — In planning and operating the program, the State agency shall consider the views of area agencies on aging, older individuals, and providers of long-term care. "(f) CONFLICT OF INTEREST.— The State agency shall— "(1) ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest; "(2) ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest; "(3) ensure that the Ombudsman—