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2000 SESSION

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SB 554 Persons with mental retardation, developmental disabilities, etc.

Introduced by: Emmett W. Hanger, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Persons with mental retardation, developmental disabilities or mental illness. Provides the Department for Rights of Virginians with Disabilities (DRVD) with access to facilities or institutions that provide care and treatment to individuals with disabilities and to access the records of such facilities and institutions, as well as the records of individuals with disabilities within the facilities and institutions for the purposes of investigating abuse or neglect. Such access is already granted to DRVD under federal law, and state statutory access will clarify and strengthen DRVD's ability to access public and private facilities and institutions. The Department will not have access to peer review, utilization review, disciplinary committee or practice privilege application files, which are privileged communications pursuant to the Medical Malpractice Act.

SUMMARY AS PASSED SENATE:

Persons with mental retardation, developmental disabilities or mental illness. Provides the Department for Rights of Virginians with Disabilities (DRVD) with access to facilities or institutions that provide care and treatment to individuals with disabilities and to access the records of such facilities and institutions, as well as the records of individuals with disabilities within the facilities and institutions for the purposes of investigating abuse or neglect. Such access is already granted to DRVD under federal law, and state statutory access will clarify and strengthen DRVD's ability to access public and private facilities and institutions. The Department will not have access to privileged information as defined in the malpractice act.

SUMMARY AS INTRODUCED:

Persons with mental retardation, developmental disabilities or mental illness. Provides the Department for Rights of Virginians with Disabilities (DRVD) with access to facilities or institutions that provide care and treatment to individuals with disabilities and to access the records of such facilities and institutions, as well as the records of individuals with disabilities within the facilities and institutions for the purposes of investigating abuse or neglect. Such access is already granted to DRVD under federal law, and state statutory access will clarify and strengthen DRVD's ability to access public and private facilities and institutions.