LD 114
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LR 623
Item 1

 
5.__Immunity.__Any person that in good faith participates in the
registering of a complaint with the ombudsman program pursuant to
this section or in good faith investigates that complaint as an
employee or volunteer of the ombudsman program is immune from any
civil or criminal liability that otherwise might result from these
actions. For the purpose of any civil or criminal proceedings,
there is a rebuttable presumption that any person acting pursuant
to this section did so in good faith.

 
§3174-V.__Medicaid managed care ombudsman program

 
1.__Program established.__The department shall establish and
maintain the Medicaid Managed Care Ombudsman program until such
time as Medicaid services are no longer provided to certain
Medicaid recipients on a risk-based or case management basis.__
Ombudsman program services for these recipients must be made
available to persons enrolled in any system using utilization
review, risk-based capitation or case management. To the extent
that the Medicaid managed care program is extended to persons
receiving long-term care or home health care services, the
department shall include in the ombudsman program the following
organizations: the long-term care ombudsman program, the Health
Insurance Counseling and Assistance Program of Legal Services for
the Elderly, the 5 area agencies on aging and the Disability
Rights Center.

 
2. Powers and duties.__The ombudsman program may:

 
A.__Provide advocacy services to individual citizens in
matters relating to those Medicaid managed care services
provided by and under the jurisdiction of the State;

 
B.__Review and evaluate, on a continuing basis, state and
federal policies and programs relating to the provision of
Medicaid managed care services conducted or assisted by any
state departments or agencies for the purpose of identifying
and addressing patterns or recurrent problems with the
State's Medicaid managed care program;

 
C.__Receive, investigate and resolve inquiries, complaints,
problems or requests for information and assistance
regarding the State's Medicaid managed care program;

 
D.__Serve as a liaison for communication between
individuals;

 
E.__Coordinate information and make referrals for services
to relevant state agencies or other organizations when
appropriate;


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