700 Liability

Policy

An Ombudsman Representative (OR) is immune from liability for the good faith performance of his or her official duties.

Procedures

701 Immunity from Liability

An OR shall not incur any civil or criminal liability for performing his or her official duties in good faith.

  1. Official duties are those duties of an OR set forth in applicable federal and state law and these policies and procedures. They shall include, but not be limited to, making a statement or communication relevant to receiving a complaint or conducting investigative activity.

  2. Evidence of performing duties in good faith includes, but is not limited to:

    1. Making every reasonable effort to follow procedures set forth in applicable laws and these policies and procedures.

    2. Seeking and making reasonable efforts to follow direction from the Office of the State Long-Term Care Ombudsman (OSLTCO) and the State Long-Term Care Ombudsman (SLTCO).

    3. Seeking and making reasonable efforts to follow direction from the relevant Ombudsman Representative Coordinator (ORC).

702 Liability Insurance

  1. The State agency as a part of the Georgia Department of Human Services does not provide liability insurance or indemnification for area agencies on aging (AAAs) or provider agencies. AAAs and provider agencies should retain their own liability policies.

  2. OR Volunteers may be covered through the blanket liability coverage provided by the State of Georgia.

References

OAA § 712(i); O.C.G.A. § 31-8-62