(a)(1) A contract for Ombudsman services shall require the Ombudsman program to secure adequate legal counsel that is available, has competencies relevant to the legal needs of the Ombudsman program and of residents, and is without conflict of interest, in order to:
(A)provide consultation and representation as needed to enable the Ombudsman program to protect the health, safety, welfare, and rights of residents; and
(B)provide consultation or representation, or both, as needed to assist the Ombudsman and representatives of the Office in the performance of their official functions, responsibilities, and duties, including complaint resolution and systems advocacy.
(2)Notwithstanding the provisions of subdivision (1) of this subsection, if the Ombudsman or representatives of the Office ar
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(a)(1) A contract for Ombudsman services shall require the Ombudsman program to secure adequate legal counsel that is available, has competencies relevant to the legal needs of the Ombudsman program and of residents, and is without conflict of interest, in order to:
(A) provide consultation and representation as needed to enable the Ombudsman program to protect the health, safety, welfare, and rights of residents; and
(B) provide consultation or representation, or both, as needed to assist the Ombudsman and representatives of the Office in the performance of their official functions, responsibilities, and duties, including complaint resolution and systems advocacy.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, if the Ombudsman or representatives of the Office are State employees, the Office of the Attorney General shall provide legal representation and advice to the Ombudsman and the representatives of the Office.
(b) Legal representation of the Ombudsman program by the Ombudsman or a representative of the Office who is a licensed attorney shall not by itself constitute adequate legal counsel. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 1993, No. 132 (Adj. Sess.), § 2; 2017, No. 23, § 1.)