R2025-160 - Laserfiche WebLink

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B. Upon receiving a valid, written consent, DDD w'ill have 48 hours in which to schedule hn appoinunint with WPAS so that it may corye t9 the record location to review rp""if*A r""oii.. DDD will v9riry that WPAS has received consent to view such records, oi if tt " DDD consumer is unable io consent and there is no guardian to collent that there ir " ""*pt.int or probable oause to believe the DDD oonsurner has suffered obuse or n"el""i. bnO rndi make the requested records within its possession available within five woirking days from the date the request is made. C. WPAS may access records of: (1) any DDD consumer if he or she consents, or if-he or she-has a legal guardian *im ti1" 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 WPAS and DDD jointly' (2) any DDD consumer: a) who by reason of his or her mental or ptysicai condition is unable to authorize WPAS to have access to their records; b) who does not have a legal guardian,.conservator, or other legal representative, or for whom the tegal guardian is the state; and u) wittr lvspeut tu whonr a r.urnplaint has bcsrr rcucivcd by WPAS ur witi respect to 'whom, as a result bf monitggng. 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 rvriting and wili staie that the resident, by_reryon of his or her mental or physic?t condition is unable to authorize WPAS to have access to his or her ieiords, does not have a legal representative, and that a complaint has been received by WPAS with iespeit to the DDD consumer or that there is probable cduse to believe the r-esident has been subjected to abuse or neglect. The DDD case manager w'ill make a determination regarding whether a DDD consumer is ablJto consent to access within 3 working days, except in case of an emergency' (3) in the case of a resident whq h-as a legal guardian, _and upon request by kpAS, DDD will provide WPAS with the name, address 1l{telephone number of the legal guardian by 5 p.m. the next business day so.that WPAS can contact such repre#ntiiive and oifer its assistance. If the guardiql Fs been contacted by ypAS *a fuit"A or refused to act on behalf of ihe individual WPAS has received a *"tptui"t sufficiently that sufficiently identifies ^the individual or WPAS has pioUlUt" 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 ailow WPAS access to records, and WpaS ltiil wants access, WPAS will file a lawsuit to access the records and allow a bourt to determine whether the guardian has failed or refused to act on behalf of the DDD consumer. WPAS agrees to provide legal notice to DDD of any such proceeding. If the guardian refuses to provide written 7COIVIMLNITY ACCESS AGREEMENT