The agency shall ensure that:
A. adequate legal counsel is available and is able, without conflict of interest, to:
(1) provide advice and consultation needed to protect the health, safety, welfare and rights to residents; and
(2) assist the ombudsman and representatives of the office in the performance of the official duties of the ombudsman and representatives;
B. representation is provided to any representative of the office against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the ombudsman or such a representative; and
C. the office pursues administrative, legal and other appropriate remedies on behalf of residents.
History: Laws 1989, ch. 208, § 18; 1997, ch. 257, § 10.
The 1997 amendment, effective July 1, 1997, rewrote the section.
Structure New Mexico Statutes
Article 17 - Long-Term Care Ombudsman
Section 28-17-1 - Short title.
Section 28-17-3 - Definitions.
Section 28-17-5 - Rule-making authority of director.
Section 28-17-6 - Regional and local long-term care ombudsman programs.
Section 28-17-7 - Training and certification.
Section 28-17-8 - Investigation and resolution of complaints.
Section 28-17-10 - Facility posting of ombudsman information.
Section 28-17-11 - Access to agency records.
Section 28-17-12 - Access to long-term care facilities.
Section 28-17-13 - Access to records of patients, residents or clients.
Section 28-17-14 - Confidentiality of information.
Section 28-17-15 - Conflict of interest.
Section 28-17-16 - Representatives of the office.
Section 28-17-17 - Immunity from liability.
Section 28-17-18 - Availability of legal counsel.
Section 28-17-19 - Interference with the office and retaliation prohibited; penalty; civil; appeal.