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2014 SESSION
14103957DBe 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.