G.__Provide a range of alternative dispute resolution methods to individuals, including the pursuit of legal remedies when appropriate;

H.__Advise, consult and assist the executive and legislative branches on activities of State Government relating to the Medicaid managed care program and recommend improvements to the quality of this program in State Government; and

I.__Make annual reports relating to the activities of the ombudsman program to the department and the joint standing committee of the Legislature having jurisdiction over human services.

3.__Access to files and records.__The ombudsman program has access, limited only by the law, to the files, records and personnel of the department or any agency or entity administered, licensed or funded by the department for the purposes of investigation of an inquiry or complaint.__The ombudsman may also enter the premises of the department or any agency or entity administered, licensed or funded by the department for the purposes of investigation of an inquiry or complaint.

4.__Confidentiality of records.__Information or records maintained by the ombudsman program relating to a complaint or investigation may not be disclosed unless the ombudsman authorizes the disclosure.__With the exception of contractually required disclosures to the department, the ombudsman may not disclose the identity of any complainant unless the complainant or a legal representative of the complainant consents in writing to the disclosure or a court orders the disclosure.__A complainant or a legal representative of the complainant, in providing the consent, may specify to whom the identity may be disclosed and for what purposes, in which event no other disclosure is authorized.

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.

Sec. 3. 22 MRSA §3789-E is enacted to read: