N.M. Admin. Code § 9.2.19.40

Current through Register Vol. 36, No. 1, January 14, 2025

Section 9.2.19.40 - LEGAL COUNSEL

A. Pursuant to 45 CFR 1324.15(j), the department shall ensure that:

(1) legal counsel for the program is adequate, available, has competencies relevant to the legal needs of the program and of the residents, and is without conflict of interest, in order to:

(a) provide consultation and representation as needed in order for the program to protect the health, safety, welfare and rights of residents; and

(b) provide consultation or representation as needed to assist the state ombudsman and representatives of the office in the performance of their official functions, responsibilities and duties, including complaint resolution and advocacy; and

(2) legal representation, arranged by or with the approval of the state ombudsman, is provided to the state ombudsman or any representative of the office against whom suit or other legal action is brought or threatened to be brought in connect with the performance of the official duties;

(3) legal representation of the program by the state ombudsman or representative of the office who is a licensed attorney shall not by itself constitute sufficiently adequate legal counsel;

(4) the communications between the state ombudsman and legal counsel are subject to attorney-client privilege.

N.M. Admin. Code § 9.2.19.40

9.2.19.40 NMAC - N, 2/1/2001, Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 12/29/2017