(a) An ombudsman participating in an investigation carried out pursuant to section ten of this article and long-term care ombudsman volunteers who are performing their duties pursuant to section eight of this article shall be immune from any civil liability that otherwise might result by reason of his or her participation in the investigation as long as such participation is not violative of any applicable law, rule or regulation, done within the scope of their employment and done in good faith.
(b) If an act or omission by any long-term care ombudsman, or by any facility employee acting in good faith at the direction of a long-term care ombudsman pursuant to a specific resident complaint, causes a resident's rights to be violated, no long-term care facility, its owners, administrators, officers, director, agents, consultants, employees or any member of management shall be held civilly liable as a result of said act or omission.
Structure West Virginia Code
Article 5L. Long-Term Care Ombudsman Program
§16-5L-4. Creation of the State Long-Term Care Ombudsman Program
§16-5L-5. State Long-Term Care Ombudsman; Qualifications; Duties
§16-5L-6. Establishment of Regional Long-Term Care Ombudsman Programs
§16-5L-7. Regional Long-Term Care Ombudsmen; Qualifications; Duties; Training; Certification
§16-5L-8. Long-Term Care Ombudsman Volunteers; Qualifications; Duties
§16-5L-9. Long-Term Care Ombudsman Volunteer Training and Certification
§16-5L-10. Investigation of Complaints
§16-5L-11. Access to Long-Term Care Facilities
§16-5L-14. Cooperation Among Government Departments or Agencies
§16-5L-15. Confidentiality of Investigations
§16-5L-16. Limitations on Liability
§16-5L-17. Availability of Legal Counsel
§16-5L-18. Willful Interference; Retaliation; Penalties
§16-5L-19. Facility Posting of Long-Term Care Ombudsman Program Information
§16-5L-20. Funding for Long-Term Care Ombudsman Programs