Nebraska Statutes 81-2260. Complaints or investigations; confidentiality; exceptions
(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants or residents shall remain confidential except:
Terms Used In Nebraska Statutes 81-2260
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Human Services. See Nebraska Statutes 81-2239
- Office: means the office of the state long-term care ombudsman. See Nebraska Statutes 81-2244
- Resident: means an individual who resides in a long-term care facility as a patient, resident, or client. See Nebraska Statutes 81-2247.02
- State long-term care ombudsman: means the person appointed under section 81-2249 to fulfill the responsibilities of the office. See Nebraska Statutes 81-2248
(a) When disclosure is authorized in writing by the complainant, resident, or resident representative;
(b) When disclosure is necessary to an investigation of abuse, neglect, or exploitation and the disclosure is made to the Attorney General, the county attorney, or the department;
(c) When disclosure is necessary for the provision of services to the resident and the resident is unable to express written or oral consent; or
(d) Upon court order.
(2) Access to the records and files of the office relating to any complaint or investigation made pursuant to the Long-Term Care Ombudsman Act shall be permitted only at the discretion of the state long-term care ombudsman, except that the identity of any complainant, witness, or resident shall not be disclosed by such ombudsman except:
(a) When disclosure is authorized in writing by such complainant, witness, resident, or resident representative; or
(b) Upon court order.