Section 33A Liability of ombudsmen; willful interference with duties; retaliation - Massachusetts Statutes

Section 33A. Neither the state long term care ombudsman, or his designees, any employee of a designated local ombudsman program working directly for such designee, nor any local ombudsman certified by the department in accordance with section twenty-nine and acting for a designated local ombudsman program, whether on a compensated or volunteer basis shall be liable in any civil or criminal action by reason of the good faith performance of his official duties.

No person shall willfully interfere with a representative of the state long term care ombudsman program in the good faith performance of his official duties as defined in regulations of the executive office of elder affairs. For the purposes of this section a representative of the state long term care ombudsman program shall include the state long term care ombudsman, his designees, employees of a designated local ombudsman program working directly for such designee, and any certified local ombudsman. In the event that such willful interference occurs, the state long term care ombudsman may petition the superior court department to enjoin such interference, and grant appropriate relief.

No long term care facility or other entity shall retaliate against any resident or employee of such facility or entity who in good faith filed a complaint with, or provided information to the state long term care ombudsman, his or her designees, or any certified local ombudsman. A long term care facility which retaliates against such resident or employee for having filed a complaint with, or having provided information to the state long term care ombudsman, his or her designee, or any certified local ombudsman shall be liable to the person so retaliated against by a civil action for up to treble damages, costs, and attorneys fees.