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O.C.G.A. § 31-8-58 — Confidentiality | Georgia Code
O.C.G.A. § 31-8-58 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 31 HEALTH

Section 8. Care and Protection of Indigent and Elderly Patients, 31-8-1 through 31-8-306.

ARTICLE 3 LONG-TERM CARE OMBUDSMAN PROGRAM

31-8-58. Confidentiality.

The identity of any complainant, resident on whose behalf a complaint is made, or individual providing information on behalf of the resident or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.

(Code 1933, § 88-1908a, enacted by Ga. L. 1979, p. 1240, § 1.)

JUDICIAL DECISIONS

Disclosure in judicial proceeding.

- O.C.G.A. § 31-8-58 merely removes the problem of confidentiality in allowing disclosure of ombudsman's report concerning investigation as to injuries and treatment of an elderly patient of a nursing home in a judicial proceeding, and does not eliminate application of the regular rules of evidence. Coastal Health Servs., Inc. v. Rozier, 176 Ga. App. 240, 335 S.E.2d 712 (1985).

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