Representatives of the Office are not liable for civil damages or subject to criminal prosecution for performing official duties unless the Representative acts in bad faith or with a malicious purpose. Official duties are those duties of a LTCO set forth in applicable federal and state law and these policies and procedures. They shall include, but not be limited to, making a statement or communication relevant to receiving a complaint or conducting investigative activity.
Evidence of good faith includes, but is not limited to:
* Making every reasonable effort to follow procedures set forth in applicable laws and these policies and procedures; and
* Seeking and making reasonable efforts to follow direction from the Office of the State Long-Term Care Ombudsman
The Mississippi Department of Human Services will not provide liability insurance or indemnification for area agencies on aging (AAAs) or provider agencies. AAAs and provider agencies should retain their own liability policies.
18 Miss. Code. R. 26-2-G