CHAPTER 120
An Act to amend and reenact §51.5-140 of the Code of
Virginia, relating to Office of State Long-Term Care Ombudsman; access to
clients, patients, individuals, facilities, and records.
[H 240]
Approved March 5, 2014
Be it enacted by the General Assembly of Virginia:
1. That §51.5-140 of the Code of Virginia is amended and
reenacted as follows:
§51.5-140. Access to clients, patients, and individuals,
facilities, and records by Office of State Long-Term Care Ombudsman.
The entity designated by the Department to operate the
programs of the Office of the State Long-Term Care Ombudsman pursuant to the Older
Americans Act (42 U.S.C. §3001 et seq.), shall, in the investigation of
complaints referred to the program, have the same access to (i)
residents, the facilities, providing services; the
clients, patients, and individuals receiving services; and patients'
the records of such clients, patients, and individuals in (i) licensed
adult care residences in accordance with § 63.2-1706 and assisted
living facilities and adult day care centers as those terms are defined in §
63.2-100; (ii) patients, facilities, and patients' records of
home care organizations as defined in §32.1-162.7; (iii) hospice facilities as
defined in §32.1-162.1; (iv) certified nursing facilities or and
nursing homes in accordance with § 32.1-25, and shall have access to
the individuals receiving services and their records in as those terms
are defined in §32.1-123; (v) providers as defined in §37.2-403; (vi)
state hospitals operated by the Department of Behavioral Health and
Developmental Services; and (vii) providers of services by an area agency on
aging or any private nonprofit or proprietary agency whenever the entity has
the consent of the client, patient, or individual receiving services or his
legal representative. However, if a client, patient, or
individual receiving services is unable to consent to the review of his medical
and social records and has no legal guardian, such representatives shall
have appropriate access to such records in accordance with this section
representative and access to the records is necessary to investigate a
complaint, access shall be granted to the extent necessary to conduct the
investigation. Further, access shall be granted to the entity if a legal
representative of the client, patient, or individual receiving services refuses
to give consent and the entity has reasonable cause to believe that the legal
representative is not acting in the best interests of the client, patient, or
individual receiving services. Notwithstanding the provisions of §
32.1-125.1, the entity designated by the Department to operate the programs of
the Office of the State Long-Term Care Ombudsman shall have access to nursing
facilities and nursing homes and state hospitals in accordance with this
section. Access to patients, residents, and individuals receiving
services, and their records, and to facilities, and
state hospitals shall be available during normal working hours except in
emergency situations. Records that are confidential under federal or state
law shall be maintained as confidential by the entity and shall not be further
disclosed, except as permitted by law. However, notwithstanding the provisions
of this section, there shall be no right of access to privileged communications
pursuant to §8.01-581.17.
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