• Current through October 23, 2012

(a) No employee, designee, or representative of the program shall be held liable for the good faith performance of responsibilities under this chapter, except that no immunity shall extend to criminal acts.

(b) Repealed.

(c) No communication made by the ombudsman or his or her designee, if reasonably related to the requirements of his or her responsibilities, shall be subject to civil action.

(d) Repealed.

(Mar. 16, 1989, D.C. Law 7-218, § 207, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(d), 57 DCR 12438.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-3517.

Effect of Amendments

D.C. Law 18-321 repealed subsecs. (b) and (d); and, in subsec. (c), substituted "action" for "action for libel or slander". Prior to repeal, subsecs. (b) and (d) read as follows:

"(b) No discriminatory, disciplinary, or retaliatory action shall be taken against an employee of a long-term care facility or agency, resident, or representative of the program, for any communication made to aid the program in carrying out its duties and responsibilities, unless the communication was made maliciously or in bad faith. This subsection shall not be construed to infringe upon the rights of an employer to supervise, discipline, or terminate an employee for other reasons."

"(d) A court may order the disclosure of information made confidential under this chapter, if it determines that the disclosure is necessary to enforce this chapter."

Legislative History of Laws

For legislative history of D.C. Law 7-218, see Historical and Statutory Notes following § 7-701.01.

For history of Law 18-321, see notes under § 7-701.01.