Washington LTCOP Release of Confidential Information

Under Washington state law, communications by the long-term care ombudsman are privileged and the ombudsman is immune from liability for actions done in good faith. 

The federal and state laws do not allow disclosure of the ombudsman program records or files without the authorization of the State Ombudsman or his designee, and do not permit disclosure of the identities of witnesses, complainants or residents without their consent, consent by their representative, or by a court order. 

Individuals seeking access to the records or files of the ombudsman program, or seeking to depose or take the testimony of an ombudsman, should send a written request.

The Washington State LTCOP developed resource guideline tools that assist them when responding to requests for the release of LTCO confidential information. The program materials include:

Access Memo - Memo discussing the parameters of access to LTCOP information based on the Older Americans Act and the Washington State LTCOP statute

LTCOP Access to Records Chart - Chart listing who has access to various records and the type of permission/release that is required

Access Provider Form - A form to be completed by individuals who are requesting records

Program Instructions - Instructions to staff regarding information retrieval requests

Information related to HIPAA