CHAPTER 98
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.
[S 572]
Approved March 3, 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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