Section 28-17-14 – Confidentiality of information.
A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman’s designee. All state ombudsman files and records pertaining to clients, patients and residents are […]
Section 28-17-15 – Conflict of interest.
The agency shall ensure that: A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest; B. no officer or employee of the office, ombudsman coordinator or representative, or a […]
Section 28-17-16 – Representatives of the office.
Any regional or local ombudsman program designated by the office or any individual certified by the office, whether an employee or an unpaid volunteer, shall be treated as a representative of the office. History: Laws 1989, ch. 208, § 16.
Section 28-17-17 – Immunity from liability.
No representative of the office shall be liable under state law for the good faith performance of official duties pursuant to the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 17.
Section 28-17-18 – Availability of legal counsel.
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 […]
Section 28-17-19 – Interference with the office and retaliation prohibited; penalty; civil; appeal.
A. No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility. B. No person shall institute discriminatory, disciplinary or retaliatory action against any resident, employee or other person for filing a complaint, providing information to or otherwise cooperating with a representative of […]
Section 28-17-9 – Referrals.
A. When abuse, neglect or exploitation of a resident of a long-term care facility is witnessed or suspected, the state ombudsman or an ombudsman shall personally discuss the matter with the resident, or, if the resident is unable to communicate informed consent, the resident’s surrogate decision-maker, if applicable, and: (1) if the resident communicates informed […]
Section 28-17-10 – Facility posting of ombudsman information.
Every long-term care facility shall post in a conspicuous location a notice of the name, address and phone number of the office. The name and phone number of the nearest designated program and that of the ombudsman assigned to that long-term care facility shall be posted, where applicable. A brief description of the services provided […]
Section 28-17-11 – Access to agency records.
Upon request, the office shall have access to records of any state or local government agency, including copies of all licensing and certification records relating to long-term care facilities as necessary to carry out its responsibilities under the Long-Term Care Ombudsman Act and which records are available to the patient, resident or client, except for […]
Section 28-17-12 – Access to long-term care facilities.
Representatives of the office shall have immediate access to any patient, resident or client for the purpose of effectively carrying out the provisions of the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 12.