14104410D
SENATE BILL NO. 572
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Rehabilitation and Social
Services
on January 31, 2014)
(Patron Prior to Substitute--Senator Barker)
A BILL 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.
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 orand
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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