603 Obtaining Legal Counsel | LTCO-5100-MANUAL

603.1 Office of the State Long-Term Care Ombudsman

For the SLTCO to obtain advice and consultation, the SLTCO or designee may:
1. Consult with the State agency Office of General Counsel for programmatic legal issues.
2. Consult with the Legal Services Developer for resident-related legal issues.
3. Contact the State agency Office of General Counsel for guidance on DHS policy or procedure or other matters for which that office has primary responsibility.
4. Request assistance of the State of Georgia Law Department (Law Department) by following DHS procedures for such requests.
For the SLTCO to obtain representation:
1. The SLTCO or designee shall advise the State agency Commissioner and Office of General Counsel of the legal action or threatened legal action.
2. The State agency Office of General Counsel shall follow the procedures of the agency to obtain representation from the Law Department for representation for the SLTCO.
3. Where a conflict of interest exists, the SLTCO or designee shall arrange for the provision of legal representation of the SLTCO by an independent attorney. A conflict of interest may be identified by either the Law Department, the State agency Office of General Counsel, the State agency Commissioner, or the SLTCO.
4. The SLTCO or designee shall obtain prior approval from the State agency Commissioner for the State agency expenditures for legal representation.
5. The State agency will provide funding for such expenditures.

For legal advice and consultation, an Ombudsman Representative shall request assistance from either:
1. The SLTCO, which shall assure the provision of advice and consultation for the Ombudsman Representative.
2. The ELAP in the relevant service area if the issue relates to long-term care facility residents.
For an Ombudsman Representative to obtain legal representation:
1. The Ombudsman Representative shall advise the SLTCO of the legal action or threatened legal action.
2. If the SLTCO determines that the Ombudsman Representative performed his or her duties in good faith, the SLTCO shall authorize the Ombudsman Representative to obtain legal representation as follows:
  1. The Ombudsman Representative shall identify independent legal counsel. In doing so, the Ombudsman Representative may request the assistance of the SLTCO and/or ELAP in selecting appropriate legal counsel.
  2. The SLTCO shall obtain prior approval from the State agency Commissioner for State agency expenditures for legal representation. The State agency shall provide state funds to cover such legal representation.
  3. Legal counsel will not be provided by the State agency to provide defense to criminal charges brought against an Ombudsman Representative.

The area agency on aging and provider agency shall retain their own legal counsel in any matters related to the LTCOP.

OAA § 712(g)