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1996 SESSION
961108813Be it enacted by the General Assembly of Virginia:
1. That § 2.1-373.1 of the Code of Virginia is amended and reenacted as follows:
§ 2.1-373.1. Access to residents, facilities and patients' records by Office of State Long-Term Care Ombudsman.
The personnel entity designated by the Department for the
Aging to operate the programs of the Office of the State Long-Term Care
Ombudsman pursuant to the Older Americans Act, Public Law 100-175, shall, in
the investigation of complaints referred to the program, have the same access
(i) to residents, facilities and patients' records of licensed adult care
residences as is provided for in § 63.1-177 and (ii) to patients,
facilities and patients' records of nursing facilities or nursing homes as is
provided for in § 32.1-25, and shall have access to the patients,
residents and patients' records of state hospitals operated by the Department
of Mental Health, Mental Retardation and Substance Abuse Services. However, if
a patient 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 the provisions above. Notwithstanding the
provisions of § 32.1-125.1, the personnel entity
designated by the Department for the Aging 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 as herein provided. Access
to residents, facilities and patients' records shall be during normal working
hours except in emergency situations.