161-F:14 Access to Facilities, Residents, and Records. –
I. In the course of an investigation, the representative of the office shall:
(a) Make the necessary inquiries and obtain such information as he or she deems necessary.
(b) Enter and inspect the premises of a facility or government agency and inspect there any books, files, medical records, or other records that pertain to residents, subject to RSA 161-F:14, II.
(c) Conduct private interviews with residents, staff members, and others deemed appropriate to the investigation and who consent to such interviews.
II. The representative of the office shall first seek to obtain the written permission of the resident or the resident's legal representative to inspect any books, files, medical records, or other records which pertain to the resident. If the representative of the office cannot obtain such permission because a resident is unable to provide such permission and has no legal representative or the investigation pertains to the acts or omissions of the legal representative, the long-term care ombudsman representative shall, upon written determination of the long-term care ombudsman that such circumstances exist, inspect any books, files, medical records, or other records which pertain to that resident. The written determination shall be provided to the person in charge of the facility. The representative of the office shall maintain the confidentiality of all books, files, medical records, or other records inspected under the provisions of this paragraph except as they may pertain to the resolution of the ongoing investigation.
III. In an investigation, the representatives of the office shall have the authority to apply to the superior court for an order authorizing entry when an administrator of a facility refuses such representative entry as provided in subparagraph I(b) or paragraph II.
IV. Authorized representatives of the office with proper identification shall have access to residents of a facility to:
(a) Visit, talk with, and make personal, social, and other appropriate services available.
(b) Inform them of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials, discussion in groups, or discussion with individual residents.
(c) Engage in other methods of assisting, advising, and representing residents or clients to extend to them the full enjoyment of their rights.