O.C.G.A.

O.C.G.A. § 31-8-58 (2019)

Confidentiality

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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

Annotations

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).

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Coastal Health Servs., Inc. v. Rozier, 335 S.E.2d 712 (Ga. Ct. App. 1985).

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Coastal Health Servs., Inc. v. Rozier, 335 S.E.2d 712 (Ga. Ct. App. 1985). · cites it 4× “The appellee contends that the ombudsman's report was admissible under OCGA § 31-8-58; however, that Code section merely removes the problem of confidentiality in allowing disclosure of such investigative information in a judicial proceeding, and does not eliminate application…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.