In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to: (1) long–term care facilities and residents; (2) the medical and social records of a resident, if: (i) the ombudsman has the permission of the resident or the legal representative of the resident; or (ii) the resident is unable to consent and has no legal representative; (3) the records that are necessary to investigate a complaint if: (i) a legal guardian of the resident refuses to give permission to access the records; (ii) the ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and (iii) the ombudsman obtains the approval of the State Long–Term Care Ombudsman; (4) the administrative records, policies, and documents of long–term care facilities to which the residents or members of the general public have access; and (5) copies of all licensing and certification records maintained by the Maryland Department of Health or any other State unit with respect to long–term care facilities.
Maryland Legal Code