§ 63-1-2214. Liability of long-term care ombudsman - Legal representation.

A.  For purposes of the Governmental Tort Claims Act, any state, area or local long-term care ombudsman shall be deemed to be an employee of this state and as such shall not be personally liable for any act or omission made within the "scope of employment", as such term is defined by the Governmental Tort Claims Act.

B.  1.  The Department of Human Services shall assure that adequate legal counsel is available to the Office of the State Long-Term Care Ombudsman for the advice and consultation needed to protect the health, safety, welfare and rights of residents, and that legal representation is provided to any representative of the Office:

a.against whom suit or other legal action is brought in connection with any act or omission of a representative made within the scope of employment, or

b.to assist the ombudsman and representatives of the Office in the performance of their official duties.

2.  The provisions of this section shall not be construed to require or authorize any legal counsel provided by the Department of Human Services to represent any resident of a nursing facility in an individual capacity.

Added by Laws 1989, c. 326, § 4, emerg. eff. May 26, 1989.  Amended by Laws 1994, c. 89, § 2, emerg. eff. April 20, 1994.