(a) The protection and advocacy agency shall have access to the records of any of the following people with disabilities: (1) Any person who is a client of the agency, or any person who has requested assistance from the agency, if that person or the agent designated by that person, or the guardian, conservator, limited conservator, or other legal representative of that person, has authorized the protection and advocacy agency to have access to the records and information. If a person with a disability who is able to authorize the protection and advocacy agency to access their records expressly denies this access after being informed by the protection and advocacy agency of their right to authorize or deny access, the protection and advocacy agency shall not have access to that personâs records. (2) Any person, including any individual who cannot be located, to whom all of the following conditions apply: (A) The individual, due to their mental or physical condition, is unable to authorize the protection and advocacy agency to have access to their records. (B) The individual does not have a guardian, conservator, limited conservator, or other legal representative, or the individualâs representative is a public entity, including the state or one of its political subdivisions. (C) The protection and advocacy agency is authorized pursuant to subdivision (a) of Section 4902 to exercise the authority specified in that section. (3) Any person who is deceased. Probable cause to believe that the death of an individual with a disability resulted from abuse or neglect or any other specific cause is not required for the protection and advocacy agency to obtain access to the records. For the purposes of access pursuant to this paragraph, âperson with a disabilityâ includes a person who died in a situation in which services, supports, or other assistance is, or has, customarily been provided to people with disabilities. (4) Any person who has a guardian, conservator, limited conservator, or other legal representative with respect to whom a complaint has been received by the protection and advocacy agency, or with respect to whom the protection and advocacy agency has determined that probable cause exists to believe that the person has been or may be subjected to abuse or neglect, whenever all of the following conditions exist: (A) The protection and advocacy agency made a good faith effort to contact the guardian, conservator, limited conservator, or other legal representative upon prompt receipt of the representativeâs contact information, which shall include, but not be limited to, the representativeâs name, address, telephone number, and email address. (B) The protection and advocacy agency has offered assistance to the representatives to resolve the situation. (C) The representative has failed or refused to consent on behalf of the person. (5) Any other person with a disability under the circumstances described in subdivision (a) of Section 4902. (b) Individual records that shall be available to the protection and advocacy agency under this division, whether written or in another medium, draft, preliminary, or final, including, but not limited to, handwritten notes, electronic files, photographs, videotapes, or audiotapes, shall include, but not be limited to, all of the following: (1) Information and records prepared or received in the course of providing intake, assessment, evaluation, education, training, or other services, supports, or assistance, including, but not limited to, medical records, financial records, monitoring reports, or other reports, prepared or received by a member of the staff of a facility, program, or service provider. This includes records stored or maintained at sites other than that of the facility, program, or service provider and records that were not prepared by the facility, program, or service provider, but received by the facility, program, or service provider. (2) Reports prepared by a feder
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