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2023 SESSION
23104006DBe it enacted by the General Assembly of Virginia:
1. That § 37.2-411 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-411. Inspections.
All services provided or delivered under any license shall be
subject to review or inspection at any reasonable time by any authorized
inspector or agent of the Department. The Commissioner or his authorized agents
shall inspect all licensed providers and shall have access at all reasonable
times to all services and records, including medical records. Records that are
confidential under federal or state law shall be maintained as confidential by
the Department and shall not be further disclosed except as permitted by law;
however, there shall be no right of access to communications that are
privileged pursuant to § 8.01-581.17. The Commissioner shall call upon other
state or local departments to assist in the inspections and those departments
shall render an inspection report to the Commissioner. After receipt of all
inspection reports, the Commissioner shall make the final determination with
respect to the condition of the service so reviewed or inspected. The
Commissioner or his authorized agents shall make at least one annual
unannounced inspection of each service offered by each licensed provider
during the licensing period. Inspections shall be focused on preventing
specific risks to individuals receiving services, including an evaluation of
the physical facilities in which the services are provided. In addition,
the Commissioner shall promptly investigate all complaints. The Board may adopt
and the Commissioner shall enforce reasonable regulations that may be necessary
or proper to carry out the general purposes of this article.
[ 2. That notwithstanding the provisions of this act, the Commissioner or his authorized agents shall continue to make annual inspections of providers as necessary to comply with requirements ordered by the court under the settlement agreement with the U.S. Department of Justice in United States v. Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG.
3. That the State Board of Behavioral Health and Developmental Services shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment. ]