To address your request, here are the relevant laws and regulations that the Office of Ombudsman can use in California:
California State Laws:
-
California Health and Safety Code Section *:
- Ensures patients in nursing homes receive necessary medical care.
-
California Welfare and Institutions Code Section *:
- Mandates the Long-Term Care Ombudsman Program to advocate for residents' rights, including necessary medical care.
Federal Laws:
- Older Americans Act (* U.S.C. * et seq.):
- Establishes the Long-Term Care Ombudsman Program to ensure residents receive appropriate care.
- Nursing Home Reform Act (* U.S.C. 1395i–*, 1396r):
- Requires nursing homes to provide necessary care and empowers ombudsmen to advocate for residents' rights.
Would you like more details or have another question regarding your case?
provide me with additional details
Here are some additional details regarding the laws mentioned:
- California Health and Safety Code Section *: This law allows residents of nursing homes to sue for violations of their rights, including the right to necessary medical care.
- California Welfare and Institutions Code Section *: This mandates the Long-Term Care Ombudsman Program to investigate complaints and advocate for residents' rights, including the right to necessary medical care.
- Older Americans Act (* U.S.C. * et seq.): This federal law establishes the Long-Term Care Ombudsman Program to ensure that residents receive appropriate care and have their rights protected.
- Nursing Home Reform Act (* U.S.C. 1395i–*, 1396r): This requires nursing homes to provide necessary care and includes provisions for ombudsmen to advocate for residents' rights.
Do you need more specific information on any of these laws or have another legal question?
can the office of ombudsman be sued for not supporting residents who need medically necessary care and the conservator will not act
Case Rating: *
The Office of the Ombudsman generally has legal immunity in performing its duties, but there might be exceptions based on specific circumstances. In California:
- California Government Code Section *.*: Public employees are generally immune from liability for discretionary acts within their official capacity.
- California Welfare and Institutions Code Section *: This section mandates the Ombudsman to advocate for residents' rights.
Do you need more information on how to approach this situation legally?
please provide all exceptions to immunity
Hi ****, here are some exceptions to immunity for the Office of the Ombudsman in California:
- Gross Negligence: Immunity does not protect against acts of gross negligence.
- Bad Faith: Actions taken in bad faith or with malicious intent.
- Violation of Statutory Duty: Failure to perform a mandatory duty imposed by law.
Do you need more information on any of these exceptions?
provide more information
Hey ****, here are more details on the exceptions to immunity for the Office of the Ombudsman:
- Gross Negligence: This refers to a severe lack of care that demonstrates a reckless disregard for the safety or rights of others.
- Bad Faith: Actions that are dishonest, fraudulent, or taken with malicious intent.
- Violation of Statutory Duty: Failing to fulfill a legal obligation required by law.
Do you have any specific questions about these exceptions or need information about another topic?
provide specific statutes associated with
Hi ****, here are some specific statutes associated with the exceptions to immunity for the Office of the Ombudsman in California:
- California Government Code Section *.*: Provides immunity for discretionary acts by public employees, but not for gross negligence or bad faith.
- California Civil Code Section *: Addresses liability for negligence.
Would you like more details on these statutes or information on another topic?
if a person is conserved using fraudulent evidence and the conservatee needs medical care but is being denied what statutes and regulations apply to obtain necessary medical care
Hi ****, here are some key statutes and regulations that might apply in your situation in California:
- California Health and Safety Code Section *: Ensures patients in nursing homes receive necessary medical care.
- California Welfare and Institutions Code Section *.*: Provides for protective orders for elder or dependent adults.
- California Probate Code Section *: Governs the authority of conservators regarding medical decisions.
Would you like more detailed information on any of these laws?
provide detailed information regarding the authority of conservators regarding medical decisions
Sure ****! Here are the details on the authority of conservators regarding medical decisions in California:
- California Probate Code Section *:
- A conservator has the authority to make medical decisions for the conservatee.
- Conservators must act in the best interest of the conservatee.
- They may consent to or refuse medical treatment.
- They must ensure the conservatee receives appropriate medical care.
Do you need more specifics or have another question?
what if the conservator is not allowing appropriate care
If a conservator is not allowing appropriate care, you can take the following steps:
- File a Complaint: Report to the Long-Term Care Ombudsman Program.
- Seek a Protective Order: Under California Welfare and Institutions Code Section *.*.
- Petition the Court: Request the court to review the conservator’s actions and potentially appoint a new conservator under California Probate Code Section *.
Would you like more detailed information on any of these steps?
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