<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 32.03.02.04" title_num="32" subtitle_num="03" chapter_num="02" heading="Complaint Investigation Procedures.">
  <paragraph num="A.">
    <text>The Ombudsman Program is responsible for investigating complaints made by or on behalf of residents of related institutions concerning the provision of services to residents.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Investigation responsibilities shall include but not be limited to:</text>
    <paragraph num="(1)">
      <text>Personal contact with the resident who has made the complaint or on whose behalf the complaint was made;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Interviews with appropriate officials and staff of the related institution and other appropriate resource people;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Visits with residents other than the resident who has complained or on whose behalf the complaint has been made if it is necessary to verify the complaint or to protect the confidentiality of the complaint or resident;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Documentation of the complaint and investigation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Periodic communication with the complainant and resident to keep them informed of the status of the investigation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The patient advocate shall visit related institutions between 9 a.m. and 5 p.m. and during regular visiting hours except when the nature of the complaint requires visitation at other hours.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Upon entering a related institution, the patient advocate shall comply with any reasonable policy of the facility with regard to the identification of visitors and shall carry an identification card.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The patient advocate shall knock on a resident's room door before entering and identify himself/herself and the program immediately. A resident shall have the right to refuse to communicate with the patient advocate. Any refusal shall be made directly to the patient advocate and not through an intermediary.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The patient advocate may not disclose the identity of any complainant or resident unless:</text>
    <paragraph num="(1)">
      <text>The complainant or resident, or a legal representative of either, consents in writing to the disclosure and specifies to whom the identity may be disclosed; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A court orders the disclosure.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>If the resident's room does not permit private consultation between the patient advocate and the resident or if the consultation infringes on the rights of roommates, the facility shall provide a private place for a consultation.</text>
  </paragraph>
</regulation>