46:33:02:03Access.
Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
An ombudsman shall have access to long-term care facilities, home- and community-based alternative living centers, and residents. An ombudsman shall also have access to: (1) All files, records, or other information concerning a resident, if: (A) The ombudsman has the permission of the resident, or the legal representative of the resident; or (B) The resident is unable to communicate consent to the review and has no legal representatives; or (2) All files, records, or other information as is necessary to investigate a complaint, if: (A) A legal guardian of the resident refuses to give the permission; and (B) The ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident.
Source: 47 SDR 137, effective June 27, 2021.