800 Interference and Retaliation

801 Interference and Retaliation Prohibited

  1. No person shall willfully interfere with an Ombudsman Representative (OR) in the performance of official duties. “Interference” includes any inappropriate or improper influence from any individual or entity, regardless of the source, which will in any way compromise, decrease, or negatively impact on:

    1. The objectivity of the investigation or outcome of complaints.

    2. The OR’s role as advocate for the rights and interests of the resident.

    3. The OR’s work to resolve issues related to the rights, quality of care, and quality of life of residents of long-term care facilities.

    4. The OR’s statutory responsibility to provide such information as the Office of the State Long-Term Care Ombudsman (OSLTCO) determines necessary to public and private agencies, legislators, and other persons regarding the problems and concerns of residents and recommendations related to residents’ problems and concerns.

  2. No person shall discriminate or retaliate in any manner against any resident, or relative or guardian/conservator of a resident, any employee of a long-term care facility, or any other person due to filing a complaint with, providing information to, or otherwise cooperating in good faith with an OR.

802 Procedures for Reporting Interference or Retaliation

  1. Any person who has knowledge of such interference or retaliation may report such information to the SLTCO.

  2. The SLTCO shall review the information provided, and conduct further investigation if necessary, to confirm the occurrence of the interference or retaliation.

  3. If the SLTCO, based on such review, determines that enforcement action is warranted, the SLTCO shall pursue the following course of action:

    1. Where the entity which has interfered or retaliated is a long-term care facility or its staff or agents:

      1. The SLTCO shall submit a written report of such interference or retaliation to the State agency and to the Department of Community Health (DCH).

      2. The State agency and the Department of Community Health (DCH) shall investigate the report of the SLTCO in accordance with its procedures for complaint investigation.

      3. If the State agency and the Department of Community Health (DCH) complaint investigation confirms the occurrence of such interference or retaliation, the DCH has the authority to impose penalties in accordance with its procedures for the imposition of penalties.

    2. Where the entity which has interfered or retaliated is an entity other than a long-term care facility or its staff or agents:

      1. The SLTCO shall report such interference or retaliation to the Director of the State agency at the Department of Human Services.

      2. Such interference by an individual who is an official or employee of the Department of Human Services, an area agency on aging, or a provider agency shall be deemed to be a violation of OAA § 705(a).

      3. The State agency Director shall assist the SLTCO in determining appropriate sanctions and assuring that appropriate sanctions are implemented.

References

OAA § 712(j); O.C.G.A. § 31-8-60