State and area ombudsman staff and ombudsman volunteers and designated agencies uphold policies listed in this subsection.

• (1) No complaint or other confidential information or records maintained by the Ombudsman Program may be disclosed unless the state ombudsman authorizes the disclosure.
• (2) The ombudsman shall not disclose the identity of any complainant or resident unless: 
  • (A) the complainant or resident, or legal representative of either, consents in writing to the disclosure and specifies to whom the identity may be disclosed;
  • (B) the complainant or resident, or legal representative consents orally and the ombudsman documents the consent at the time the consent is given; or
  • (C) a court orders the disclosure.
• (3) Inspection dates provided to the Ombudsman Program at any level, including Health Department inspections, are confidential under federal and state statute.
  • (A) Inspection dates and dates of other unannounced visits to facilities, including visits for the purpose of complaint investigation, shall not be posted or otherwise revealed. 
  • (B) Federal law provides for a $2,000 penalty for release of inspection dates. State law also provides for fine, imprisonment, or both.
• (4) Privacy shall be provided for receipt of complaints by mail, telephone, or personal interview, in order to maintain confidentiality.
• (5) All mail addressed to an ombudsman by name or title shall be delivered unopened to the ombudsman.
• (6) Locked files shall be used to maintain confidential records. Access to such files is limited to designated area ombudsman representatives and staff of the Office of the State Long-Term Care Ombudsman.