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2014 SESSION

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HB 240 Long-Term Care Ombudsman, Office of State; access to clients, patients, individuals, etc., records.

Introduced by: John M. O'Bannon, III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Office of the State Long-Term Care Ombudsman. Provides that the entity designated by the Department for Aging and Rehabilitative Services to operate the programs of the Office of the State Long-Term Care Ombudsman shall have access to facilities, clients, patients, individuals receiving services, and the records of such clients, patients, and individuals in licensed assisted living facilities, licensed adult day care centers, home care organizations, hospice facilities, certified nursing facilities and nursing homes, providers as defined in § 37.2-403, state hospitals operated by the Department of Behavioral Health and Developmental Services, and 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. The bill provides that 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. The bill provides that access also shall be granted 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. This bill is identical to SB 572.

SUMMARY AS INTRODUCED:

Office of State Long-Term Care Ombudsman; access to clients, patients, individuals, facilities, and records. Provides that the entity designated by the Department for Aging and Rehabilitative Services to operate the programs of the Office of the State Long-Term Care Ombudsman shall have access to adult day care centers, assisted living facilities, nursing facilities and nursing homes, hospices, home care organizations, providers licensed by the Department of Behavioral Health and Developmental Services, state hospitals, and training centers; their clients, patients, and individuals receiving services; and the records of those clients, patients, and individuals receiving services, for the purposes of investigating complaints referred to the program.