CODE OF VIRGINIA

ACCESS TO CLIENTS, PATIENTS, AND INDIVIDUALS, FACILITIES, AND RECORDS BY OFFICE
OF STATE LONG-TERM CARE OMBUDSMAN (§ 51.5-140)

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 access to the facilities providing services; the clients,
patients, and individuals receiving services; and the records of such clients,
patients, and individuals in (i) licensed assisted living facilities and adult
day care centers as those terms are defined in § 63.2-100; (ii) home care
organizations as defined in § 32.1-162.7; (iii) hospice facilities as defined
in § 32.1-162.1; (iv) certified nursing facilities and nursing homes 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 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 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.

HISTORY: 1980, c. 477, § 2.1-373.1; 1982, c. 345; 1989, c. 160; 1993, cc. 333,
957, 993; 1996, cc. 113, 341; 2001, c. 844, § 2.2-705; 2009, cc. 813, 840;
2012, cc. 476, 507, 803, 835; 2014, cc. 98, 120.