LD 1290
pg. 2
Page 1 of 3 An Act to Create the Position of Ombudsman in the Department of Human Services ... Page 3 of 3
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LR 2880
Item 1

 
or records maintained by the ombudsman relating to a complaint or
request for independent clinical analysis may not be disclosed
unless the ombudsman authorizes the disclosure and the disclosure
is otherwise permitted pursuant to law.__The ombudsman may not
disclose the identity of any requestor or complainant unless:

 
A.__The requestor or complainant or a legal representative
consents in writing to the disclosure; or

 
B.__A court orders the disclosure.

 
In providing the consent, a requestor or complainant or a legal
representative may specify to whom the identity of the requestor
or complainant may be disclosed and for what purposes, in which
event any other disclosure is not authorized.

 
5.__Access by Legislator to records.__Notwithstanding Title 1,
section 401 and subsection 4, and with the consent of the parents
of a child who is the subject of a custody case in which the
department is involved, a Legislator may request and obtain
access to any records maintained by the ombudsman relating to
that child custody case.

 
6.__Administration.__The ombudsman shall:

 
A.__Administer funds appropriated for expenditure by the
ombudsman and grants or gifts accepted and received by the
ombudsman in accordance with current fiscal and accounting
rules of the State and in accordance with the philosophy,
objectives and authority of this chapter;

 
B.__Make an annual report, which must be submitted directly
to the commissioner, the Governor and the joint standing
committee of the Legislature having jurisdiction over human
resource matters no later than March 1st of each year,
concerning work and interests of the previous fiscal year
and future plans and recommendations; and

 
C.__Make interim reports the ombudsman considers advisable.

 
Copies of reports under this subsection must be made available to
all Legislators and other state agencies upon request.

 
7.__Expenses of ombudsman.__Within established budgetary
limits and as allowed by law, the ombudsman shall authorize and
approve travel, subsistence and related necessary expenses of the
ombudsman or members of the office incurred while traveling on
official business.

 
8.__Information from state agencies.__State agencies shall
provide to the ombudsman copies of all reports and other
information required to carry out the purposes of this chapter.


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