Library: Policy
340:105-11-243.1. Procedures related to the disclosure of witnessed abuse, neglect, or exploitation
Issued 9-15-17
(a) When the Office of the State Long-Term Care Ombudsman (Office) State Long-Term Care Ombudsman (Ombudsman) or Office representative (representative) personally witnesses suspected abuse, gross neglect, or exploitation of a resident, the Ombudsman or representative seeks communication of informed consent from such resident to disclose resident-identifying information to appropriate agencies.
(1) When the resident is able to communicate informed consent or has a resident representative available to provide informed consent, the Ombudsman or representative follows the resident's or resident representative's direction.
(2) When the resident is unable to communicate informed consent and has no resident representative available to provide informed consent, the Ombudsman or representative opens a case with the Ombudsman or representative as the complainant, follows the Office's program complaint resolution procedures, refers the matter, and discloses the resident's identifying information to facility management where the resident resides and/or to the appropriate agency or agencies for substantiation of abuse, gross neglect, or exploitation in the following circumstances the:
(A) Ombudsman or representative has no evidence indicating the resident would not want a referral to be made;
(B) Ombudsman or representative has reasonable cause to believe disclosure is in the resident's best interest; and
(C) representative obtains Ombudsman or deputy ombudsman approval.
(3) In addition, the Ombudsman or representative, following Office policies and procedures per Oklahoma Administrative Code 340:105-11-243(3) (i) - (vi) may report suspected abuse, gross neglect, or exploitation to other appropriate agencies for regulatory oversight; protective services; access to administrative, legal, or other remedies; and/or law enforcement action.
(4) The decision to grant or deny Ombudsman or deputy ombudsman approval for confidential information disclosure related to abuse, neglect, or exploitation is made and conveyed to the requesting ombudsman in one business day.
