Robin H Read FINAL CONTRACT - Laserfiche WebLink

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B. Upon receiving a valid, written consent, DDD will have 48 hours in which to schedule an appointment with WPAS so that it may come to the record location to review specified records. DDD will verify that WAS has received consent to view such records, or if the DDD consumer is unable to consent and there is no guardian to consent, that there is a complaint or probable cause to believe the DDD consumer has suffered abuse or neglect. DDD shall make the requested records within its possession available within five working days from the date the request is made. C. WAS may access records of: (1) any DDD consumer if he or she consents, or if he or she has a legal guardian with the power to consent for the DDD consumer and that guardian consents; a) the DDD consumer or guardian shall give written authorization for access on a form approved by WAS and DDD jointly. (2) any DDD consumer: a) who by reason of his or her mental or physical condition is unable to authorize WAS to have access to their records; b) who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the state; and l:) with rCJputA Lo whom a compld1IIl has bruii icuuiVud by WPAS ur with respect to whom, as a result of monitoring or other activities there is probable cause to believe that such individual has been subject to abuse or neglect. d) If records are requested pursuant to this section, the request shall be in writing and will state that the resident, by reason of his or her mental- or physical condition is unable to authorize WAS to have access to his or her records, does not have a legal representative, and that a complaint has been received by WAS with respect to the ,DDD consumer or that there is probable cause to believe the resident has been subjected to abuse or neglect. The DDD case manager will make a determination regarding whether a DDD consumer is able to consent to access within 3 working days, except in case of an emergency. (3) In the case of a resident who has a legal guardian, and upon request by WPAS, DDD will provide WAS with the name, address and telephone number of the legal guardian by 5 p.m. the next business day so that WPAS can contact such representative and offer its assistance. If the guardian has been contacted by WAS and failed or refused to act on behalf of the individual WAS has received a complaint sufficiently that sufficiently identifies the individual or WAS has probable cause to believe that the health or safety of the individual is in serious and immediate jeopardy, WPAS shall obtain court approval for such access. a) If a guardian refuses to consent to allow WAS access to records, and WPAS still wants access, WAS will file a lawsuit to access the records and allow a court to determine whether the guardian has failed or refused to act on behalf of the DDD consumer. WAS agrees to provide legal notice to DDD of any such proceeding. If the guardian refuses to provide written COMMUNITY ACCESS AGREEMENT