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2014 SESSION
14101547DBe 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 clients,
facilities, and patients' clients'
records of licensed adult
care residences in accordance with § 63.2-1706 and and unlicensed adult day care centers and assisted
living facilities;
(ii) patients, facilities, and patients' records of nursing facilities or
nursing homes in accordance with §
32.1-25, and
shall have access to the as defined in §
32.1-123, hospice facilities as
defined in § 32.1-162.1, and home care organizations as
defined in § 32.1-162.7; (iii)
individuals receiving services from providers,
as defined in § 37.2-403, that are licensed, funded, or
operated by the Department of Behavioral Health and Developmental Services and
their records of such providers relating to such individuals; and
(iv) individuals receiving services in state hospitals and training centers operated
by the Department of Behavioral Health and Developmental Services. However, if a and records of state hospitals and training
centers relating to such individuals, provided the
adult day care center, assisted living
facility, nursing facility or nursing
home, hospice, home care organization, provider, state hospital, or training
center has obtained the consent of the client, patient, or
individual receiving services or his
legal representative. 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 client's, patient's, or
individual's records is necessary to the investigation of a complaint, access
to the records shall be granted to the extent
necessary to conduct the investigation. 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 If
the client, patient, or individual receiving services is unable to consent to
the review of his medical record and has a legal representative,
and the legal representative refuses to consent
to the disclosure, access to the records may be granted notwithstanding the
legal representative's refusal upon a
finding by the adult day care center, assisted living facility, nursing
facility or nursing home, hospice, home care organization, provider, state
hospital, or training center that consent to the disclosure is being withheld
contrary to the best interests of the client, patient, or
individual receiving services. Access to clients, patients, residents, and
individuals receiving services, and; their
records,;
and facilities, and adult day care centers, assisted living
facilities, nursing facilities or nursing homes, hospices,
home care organizations,
providers,
state hospitals, and training
centers shall be available during normal working hours
except in emergency situations.