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2020 SESSION

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20104114D
HOUSE BILL NO. 1075 Offered January 8, 2020 Prefiled January 7, 2020 A BILL to amend the Code of Virginia by adding in Article 7.1 of Chapter 5 of Title 32.1 a section numbered 32.1-162.15:2, relating to home care organizations; public disclosure of complaints. ---------- Patron-- Davis ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 7.1 of Chapter 5 of Title 32.1 a section numbered 32.1-162.15:2 as follows:

§ 32.1-162.15:2. Public disclosure of complaints; confidentiality.

The Department shall make available on its website information regarding all complaints received regarding home care organizations or employees thereof, including whether an investigation was conducted in response to the complaint and the Department's ultimate findings on such complaint. However, the identities of the complainant and any patient who is the subject of the complaint shall be confidential and shall not be open to inspection by members of the public. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the home care organization the nature of the complaint or the identity of the patient who is the subject of the complaint. If the Department intends to rely, in whole or in part, on any statements made by the complainant at any administrative hearing brought against the home care organization, the Department shall disclose the identity of the complainant to the home care organization a reasonable time in advance of such hearing.