Delaware Code Title 16. Health and Safety § 1153. Access to facilities and patient records

(a) The Ombudsperson shall have access to any facility or record which is relevant to the performance of the Ombudsperson's responsibilities under this subchapter, including any record otherwise rendered confidential under Delaware law;  provided, however, that the Ombudsperson shall obtain the consent of any resident who is able to consent or any resident's legal agent or guardian for access to such resident's records.

(b) The Ombudsperson may initiate an investigation of any long-term care facility independent of the receipt of a specific complaint.

(c) Any state agency to which the Ombudsperson refers a complaint shall periodically advise the Ombudsperson of the status of the investigation of the complaint and notify the Ombudsperson in a timely manner of the disposition of the complaint.

(d) The Ombudsperson shall protect the confidentiality of residents' records and shall permit access to such records only in accordance with regulations of the Office of the Long-Term Care Ombudsperson.

(e) The Ombudsperson shall protect the confidentiality of files maintained by the Ombudsperson and shall permit access to such files only under conditions as the Ombudsperson, in the Ombudsperson's own sole discretion, deems appropriate.

(f) Notwithstanding any other provision of this subchapter, the Ombudsperson shall not disclose the identity of any complainant or resident unless a court orders such disclosure or the complainant or resident consents in writing to the disclosure of the complainant's or resident's identity.