(a) The state agency must provide, and the Office of the State Long-Term Care Ombudsman and ombudsman representatives shall have access to, legal counsel that is adequate and readily available to provide consultation and/or representation as needed to assist the office in the performance of its official:
- (1) Functions;
- (2) Responsibilities; and
- (3) Duties.
(b) The legal counsel shall:
- (1) Be without conflict of interest, as defined by the state ethical standards governing the legal profession; and
- (2) Have competencies relevant to the legal needs of the program and of residents, including federal and state laws protecting the rights of residents and governing laws of long-term care facilities.
- (c) The communications between the office and legal counsel are subject to attorney-client privilege.
- (d) The office shall assist residents in seeking administrative, legal, and other appropriate remedies in accordance with 20 CAR § 432-203.
- (e) The State Long-Term Care Ombudsman or any representative of the office acting in the good faith performance of his or her official duties has immunity from liability in legal proceedings brought as a consequence of the performance of his or her official duties.