§ 2800.5. Access.

 (a)  The administrator, administrator designee or staff person designated under §  2800.56(c) (relating to administrator staffing) shall provide, upon request, immediate access to the residence, the residents and records to:

   (1)  Agents of the Department.

   (2)  Representatives of the area agency on aging.

   (3)  Representatives of the Long-Term Care Ombudsman Program.

   (4)  Representatives of the protection and advocacy system for individuals with disabilities designated under the Protection and Advocacy for Individual Rights Program of the Vocational Rehabilitation and Rehabilitation Services Act (29 U.S.C.A. §  794e), the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C.A. § §  10801—10851) and the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.A. § §  15041—15043).

   (5)  The resident’s designated person, if so requested by the resident. The access to records under this paragraph is limited to the records of the resident.

 (b)  The administrator, administrator designee or staff person designated under §  2800.56(c) shall permit community service organizations and representatives of legal services programs to have access to the residence during visitation hours or by appointment for the purpose of assisting or informing the residents of the availability of services and assistance. A resident or a resident’s designated person if so authorized may decline the services of the community service organization or the legal service program.




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