81-2264. Interference with lawful actions; institution of certain proceedings; prohibited; department; sanctions.

(1) No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility by an individual certified pursuant to section 81-2253 who identifies himself or herself and presents his or her credentials to the individual in charge of the long-term care facility.

(2) No person shall institute discriminatory, disciplinary, or retaliatory action against any officer or employee of a long-term care facility or governmental agency or against any resident, resident representative, or family member of a resident for any communications by him or her with the office or for any information given or disclosed by him or her in good faith to aid the office in carrying out its duties and responsibilities.

(3) The department shall implement mechanisms to prohibit, and investigate allegations of, interference, retaliation, and reprisals:

(a) By a long-term care facility, another entity, or an individual with respect to any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the office; or

(b) By a long-term care facility, another entity, or an individual against the ombudsman or representatives of the office for fulfillment of their functions, responsibilities, or duties.

(4) The department shall provide for appropriate sanctions with respect to such interference, retaliation, and reprisals if verified by such investigation.

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