{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-138.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-138.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-138.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-138.5.html"}],"law_id":79290,"edition_id":1,"section_id":79290,"structure_id":15161,"section_number":"32.1-138.5","catch_line":"Confidentiality of complainant’s identity","history":"1994, c. 941.","full_text":"Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient who is the subject of the complaint, or identified therein, shall be treated as confidential and shall not be open to inspection by members of the public. Identities of the complainant and patient who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the nursing facility the nature of the complaint or the identity of the patient who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under \u00a7 63.2-1603 et seq. 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 nursing facility, the Department shall disclose the identity of the complainant to the nursing facility a reasonable time in advance of such hearing.","order_by":null,"text":{"0":{"id":283885,"text":"Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient who is the subject of the complaint, or identified therein, shall be treated as confidential and shall not be open to inspection by members of the public. Identities of the complainant and patient who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the nursing facility the nature of the complaint or the identity of the patient who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under \u00a7 63.2-1603 et seq. 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 nursing facility, the Department shall disclose the identity of the complainant to the nursing facility a reasonable time in advance of such hearing.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15161,"edition_id":1,"name":"Rights and Responsibilities of Patients in Nursing Homes","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":203167,"object_type":"structure","relational_id":15161,"identifier":"2","token":"32.1\/5\/2","url":"\/32.1\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60672,"structure_id":15161,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","url":"\/32.1-138\/","token":"32.1\/5\/2\/32.1-138","metadata":false},{"id":69971,"structure_id":15161,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","url":"\/32.1-138.1\/","token":"32.1\/5\/2\/32.1-138.1","metadata":false},{"id":77743,"structure_id":15161,"section_number":"32.1-138.2","catch_line":"Certain contract provisions prohibited","url":"\/32.1-138.2\/","token":"32.1\/5\/2\/32.1-138.2","metadata":false},{"id":57748,"structure_id":15161,"section_number":"32.1-138.3","catch_line":"Third party guarantor prohibition","url":"\/32.1-138.3\/","token":"32.1\/5\/2\/32.1-138.3","metadata":false},{"id":64052,"structure_id":15161,"section_number":"32.1-138.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-138.4\/","token":"32.1\/5\/2\/32.1-138.4","metadata":false},{"id":79290,"structure_id":15161,"section_number":"32.1-138.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-138.5\/","token":"32.1\/5\/2\/32.1-138.5","metadata":false},{"id":77541,"structure_id":15161,"section_number":"32.1-138.5:1","catch_line":"(Effective pursuant to Acts 2025, c. 432, cl. 2) Electronic monitoring in resident rooms","url":"\/32.1-138.5_1\/","token":"32.1\/5\/2\/32.1-138.5_1","metadata":false}],"previous_section":{"id":64052,"structure_id":15161,"section_number":"32.1-138.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-138.4\/","token":"32.1\/5\/2\/32.1-138.4","metadata":false},"next_section":{"id":77541,"structure_id":15161,"section_number":"32.1-138.5:1","catch_line":"(Effective pursuant to Acts 2025, c. 432, cl. 2) Electronic monitoring in resident rooms","url":"\/32.1-138.5_1\/","token":"32.1\/5\/2\/32.1-138.5_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-138.5\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 941<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":61453,"section_number":"63.2-1603","catch_line":"Protection of adults; definitions","order_by":null,"url":"\/63.2-1603\/"}],"permalink":{"id":203189,"object_type":"law","relational_id":79290,"identifier":"32.1-138.5","token":"32.1\/5\/2\/32.1-138.5","url":"\/32.1-138.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-138.5\/","token":"32.1\/5\/2\/32.1-138.5","dublin_core":{"Title":"Confidentiality of complainant’s identity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-138.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever the Department<\/span> conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient who is the subject of the complaint, or identified therein, shall be treated as confidential and shall not be open to inspection by members of the public. Identities of the complainant and patient who is the subject of the complaint shall be revealed only if a court order<\/span> so requires. Nothing contained herein shall prevent the Department<\/span>, in its discretion, from disclosing to the nursing facility the nature of the complaint or the identity of the patient who is the subject of the complaint. Nothing contained herein shall prevent the Department<\/span> or its employees from making reports under \u00a7 63.2-1603<\/a> et seq. If the Department<\/span> intends to rely, in whole or in part, on any statements made by the complainant, at any administrative hearing<\/span> brought against the nursing facility, the Department<\/span> shall disclose the identity of the complainant to the nursing facility a reasonable time in advance of such hearing<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF COMPLAINANT’S IDENTITY (\u00a7 32.1-138.5)\n\nWhenever the Department conducts inspections and investigations in response to\ncomplaints received from the public, the identity of the complainant and the\nidentity of any patient who is the subject of the complaint, or identified\ntherein, shall be treated as confidential and shall not be open to inspection by\nmembers of the public. Identities of the complainant and patient who is the\nsubject of the complaint shall be revealed only if a court order so requires.\nNothing contained herein shall prevent the Department, in its discretion, from\ndisclosing to the nursing facility the nature of the complaint or the identity\nof the patient who is the subject of the complaint. Nothing contained herein\nshall prevent the Department or its employees from making reports under \u00a7\n63.2-1603 et seq. If the Department intends to rely, in whole or in part, on any\nstatements made by the complainant, at any administrative hearing brought\nagainst the nursing facility, the Department shall disclose the identity of the\ncomplainant to the nursing facility a reasonable time in advance of such\nhearing.\n\nHISTORY: 1994, c. 941.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}