14103211D
SENATE BILL NO. 572
Offered January 9, 2014
A BILL to amend and reenact §51.5-140 of the Code of
Virginia, relating to the Office of the State Long-Term Care Ombudsman.
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Patron-- Barker
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Referred to Committee on Rehabilitation and Social Services
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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 residents, facilities, and patients'
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 the facilities providing services, the client, and,
upon the consent of the client or his legal
representative, the records of (i)
residents, facilities, and patients' records of licensed adult care residences
in accordance with §63.2-1706 and
licensed assisted living facilities as defined in §
63.2-100; (ii) patients,
facilities, and patients' records of licensed
adult day care centers as defined
in §63.2-100; (iii) home care organizations as defined in §
32.1-162.7; (iv) hospice facilities as defined in §32.1-162.1; (v) certified nursing facilities or nursing homes in
accordance with §32.1-25, and
shall have access to the individuals receiving services and their records in as defined in §32.1-123; (vi) providers
as defined in §37.2-403; (vii) state hospitals or training centers operated by
the Department of Behavioral Health and Developmental Services; and (viii) area agencies on aging or
any entity providing services pursuant to a contract with
an area agency on aging. However, if a patient
or individual receiving services client is unable to consent to the review of his medical and
social records and has no legal guardian representative, such representatives the entity
designated by the Department to operate the programs
of the Office of the State Long-Term Care Ombudsman shall have appropriate access to such records in
accordance with this section the client's
records if necessary to
investigate a complaint. If the
client's legal representative refuses
to consent and reasonable cause exists to believe
the legal representative is not acting in the client's best
interest, the entity designated by the Department to
operate the programs of the Office of the State Long-Term Care Ombudsman shall
have access to the client's records. 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,
individuals receiving services facilities,
clients, and their records, and
facilities, and state hospitals shall be
available during normal working hours except in emergency situations.
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