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B. Upon receiving a valid, written consent, DDD will have 48 hours in which to <br />schedule an appoinunent with WPAS so that it may come to the record location to review <br />specified records. DDD will verif that WPAS has received consent to view such records, <br />o1 if the DDD consumer is unable to consent and there is no guardian to consenl that there <br />is a complaint or probable oause to believe the DDD consulner has suffered abuse or <br />neglect. DDD shall make the requested records within its possession available within five <br />working days from the date the request is made. <br />C. WPAS may access records of: <br />(1) any DDD consumer if he or she consents, or if he or she has a legal guardian <br />with the power to consent for the DDD consumer and that guardian consents; <br />a) the DDD consumer or guardian shall give written authorization for access <br />on a form approved by WPAS and DDD jointly. <br />(2) any DDD consumer: <br />a) who by reason of his or her mental or physical condition is unable to <br />authorize WPAS to have access to their records; <br />b) who does not have a legal guardian, conservator, or other legal <br />representative, or for whom the legal guardian is the state; and <br />u) wiLh rcspcul tu whulr a uurnplaiut has bssrt reusivvd by WPAS or with <br />respect to whom, as a result of monitoring or other activities there is <br />probable cause to believe that such individual has been subject to abuse or <br />neglect. <br />d) If records are requested pursuant to this section, the request shall be in <br />writing and will state that the resident, by reason of his or her mental or <br />physical condition is unable to authorize WPAS to have acaess to his or her <br />records, does not have a legal represeniative, and that a complaint has been <br />received by WPAS with respect to the DDD consumer or that there is <br />probable cause to believe the resident has been subjected to abuse or neglect. <br />The DDD case manager will make a determination regarding whether a <br />DDD consumer is able to consent to access within 3 working days, except in <br />case of an emergency. <br />(3) In the case of a resident who has a legal guardian, and upon request by <br />WPAS, DDD will provide WPAS with the name, address and telephone number of <br />the legal guardian by 5 p.m. the next business day so that WPAS can eontact such <br />representative and offer its assistance. If the guardian has been contacted by WPAS <br />and faited or refused to act on behalf of the individual WPAS has received a <br />complaint sufficiently that sufficiently identifies the i.ndividual or WPAS has <br />probable cause to believe that the health or safety of the individual is in serious and <br />immediate jeopardy, WPAS shall obtain court approval for such access. <br />a) If a guardian refuses to consent to allow WPAS access to records, and <br />WPAS still wants access, WPAS will file a lawsuit to access the records and <br />allow a -court to determine whether the guardian has failed or refused to act <br />on behalf of the DDD consumer. WPAS agrees to provide legal notice to <br />DDD of any such proceeding. If the guardian refuses to provide written <br />7COMMLNITY ACCESS AGREEMENT