New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 19 - LONG TERM CARE OMBUDSMAN
Section 9.2.19.40 - LEGAL COUNSEL
Universal Citation: 9 NM Admin Code 9.2.19.40
Current through Register Vol. 35, No. 18, September 24, 2024
A. Pursuant to 45 CFR 1324.15(j), the department shall ensure that:
(1) legal counsel for the
program is adequate, available, has competencies relevant to the legal needs of
the program and of the residents, and is without conflict of interest, in order
to:
(a) provide consultation and
representation as needed in order for the program to protect the health,
safety, welfare and rights of residents; and
(b) provide consultation or representation as
needed to assist the state ombudsman and representatives of the office in the
performance of their official functions, responsibilities and duties, including
complaint resolution and advocacy; and
(2) legal representation, arranged by or with
the approval of the state ombudsman, is provided to the state ombudsman or any
representative of the office against whom suit or other legal action is brought
or threatened to be brought in connect with the performance of the official
duties;
(3) legal representation of
the program by the state ombudsman or representative of the office who is a
licensed attorney shall not by itself constitute sufficiently adequate legal
counsel;
(4) the communications
between the state ombudsman and legal counsel are subject to attorney-client
privilege.
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