(a) Within the commission there shall be an established office of the state long-term care ombudsman, referred to as “the office” in this section, which shall carry out those functions delineated in § 307(a)(12) of the Older Americans Act (42 U.S.C. § 3027(a)(12)).
(b) The office shall designate and contract with, either directly or through the area agency on aging, a local grantee to establish and operate a local ombudsman program in each of the designated planning and service areas. Each local ombudsman program shall carry out the duties of the office in each area through paid staff and trained volunteers. For the purposes of carrying out those duties, and only to the extent required by § 307(a)(12)(H)(vi) of the Older Americans Act (former 42 U.S.C. § 3027(a)(12)(H)(vi) [repealed]), each local program unit will be considered to be a “subdivision” of the office; provided, that this shall have no effect upon the character of local government or private agencies or corporations, and they shall not be considered to be agencies of this state.
(c) Paid staff and volunteers shall be trained as required by and under the supervision of the office, which shall certify those persons who have been properly trained as “representatives” of the office; provided, that local program employees and volunteers shall not be considered to be employees of this state. The office shall maintain a current listing of certified representatives. Certified representatives shall be immune from liability for acts or omissions committed within the scope of their assigned duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain.
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