TITLE 37 MENTAL HEALTH

Section 2. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services, 37-2-1 through 37-2-50.

ARTICLE 2 ADMINISTRATION OF MENTAL DISABILITY SERVICES

37-2-35. Duties of ombudsman.

The ombudsman shall:

1. Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the safety, well-being, and rights of consumers and any policies and procedures necessary to implement the provisions of this article;
2. Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to the safety, well-being, and rights of consumers and is authorized to:
   1. Prioritize investigations, reporting, and recommendations based on the seriousness and pervasiveness of the alleged act or failure to act; and
   2. Refer to the services provider those complaints deemed appropriate for resolution by the services provider;
3. Establish a uniform state-wide complaint process;
4. Collect and record data relating to complaints and findings with regard to services providers and analyze such data in order to identify adverse effects upon the safety, well-being, and rights of consumers;
5. Promote the interests of consumers before governmental agencies and seek administrative and other remedies to protect the safety, well-being, and rights of consumers by:
   1. Analyzing, commenting on, and monitoring the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the safety, well-being, and rights of consumers; and
   2. Recommending any changes in such laws, regulations, policies, and actions as the ombudsman determines to be appropriate;
6. Make a biennial written report documenting the types of complaints and problems reported by consumers and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The biennial report shall be submitted to the Governor, the General Assembly, the commissioner, and other appropriate agencies and organizations and made available to the public. The ombudsman shall not be required to distribute copies of the biennial report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall not identify any consumer by name or by implication without the express written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is so authorized to make such a decision and the consumer is unable to do so; and
7. Serve as a member of the medical review group established pursuant to Code Section 37-2-45.

(Code 1981, §37-2-35, enacted by Ga. L. 2008, p. 133, § 3/HB 535.)