{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.5-183.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.5-183.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.5-183.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.5-183.html"}],"law_id":86242,"edition_id":1,"section_id":86242,"structure_id":15459,"section_number":"51.5-183","catch_line":"Access to clients, patients, individuals, providers, and records by Office of the State Long-Term Care Ombudsman; interference, retaliation, and reprisals against complainants","history":"2020, c. 728; 2024, cc. 37, 150.","full_text":"A\n\nThe Office of the State Long-Term Care Ombudsman pursuant to the Older Americans Act, 42 U.S.C. § 3001 et seq., shall, in the performance of its functions, responsibilities, and duties, have access to (i) licensed assisted living facilities and adult day centers as those terms are defined in § 63.2-100, (ii) home care organizations as defined in § 32.1-162.7, (iii) hospice facilities as defined in § 32.1-162.1, (iv) certified nursing facilities and nursing homes as those terms are defined in § 32.1-123, (v) providers as defined in § 37.2-403, (vi) state hospitals operated by the Department of Behavioral Health and Developmental Services, and (vii) providers of services by an area agency on aging or any private nonprofit or proprietary agency providing services; the clients, patients, and individuals receiving services; and the records of such clients, patients, and individuals whenever the Office of the State Long-Term Care Ombudsman has the consent of the client, patient, or individual receiving services or his legal representative. However, 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. Further, access shall be granted to the Office of the State Long-Term Care Ombudsman if a legal representative of the client, patient, or individual receiving services refuses to give consent and the Office of the State Long-Term Care Ombudsman has reasonable cause to believe that the legal representative is not acting in the best interests of the client, patient, or individual receiving services. Notwithstanding the provisions of § 32.1-125.1, the Office of the State Long-Term Care Ombudsman shall have access to state hospitals in accordance with this section. Access to patients, residents, and individuals receiving services and their records and to providers shall be available at any time during a provider’s regular business or visiting hours and at any other time when access is required by the circumstances to be investigated. Records that are confidential under federal or state law shall be maintained as confidential by the Office of the State Long-Term Care Ombudsman and shall not be further disclosed, except as permitted by law. However, notwithstanding the provisions of this section, there shall be no right of access to privileged communications pursuant to § 8.01-581.17.B\n\nNo provider, entity, or person may interfere with, retaliate against, or subject to reprisals a person who in good faith complains or provides information to, or otherwise cooperates with, the Office of the State Long-Term Care Ombudsman or any of its representatives or designees. The Commissioner shall promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals as required under the Older Americans Act, 42 U.S.C. § 3001 et seq.","order_by":null,"text":{"0":{"id":308913,"text":"The Office of the State Long-Term Care Ombudsman pursuant to the Older Americans Act, 42 U.S.C. § 3001 et seq., shall, in the performance of its functions, responsibilities, and duties, have access to (i) licensed assisted living facilities and adult day centers as those terms are defined in § 63.2-100, (ii) home care organizations as defined in § 32.1-162.7, (iii) hospice facilities as defined in § 32.1-162.1, (iv) certified nursing facilities and nursing homes as those terms are defined in § 32.1-123, (v) providers as defined in § 37.2-403, (vi) state hospitals operated by the Department of Behavioral Health and Developmental Services, and (vii) providers of services by an area agency on aging or any private nonprofit or proprietary agency providing services; the clients, patients, and individuals receiving services; and the records of such clients, patients, and individuals whenever the Office of the State Long-Term Care Ombudsman has the consent of the client, patient, or individual receiving services or his legal representative. However, 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. Further, access shall be granted to the Office of the State Long-Term Care Ombudsman if a legal representative of the client, patient, or individual receiving services refuses to give consent and the Office of the State Long-Term Care Ombudsman has reasonable cause to believe that the legal representative is not acting in the best interests of the client, patient, or individual receiving services. Notwithstanding the provisions of § 32.1-125.1, the Office of the State Long-Term Care Ombudsman shall have access to state hospitals in accordance with this section. Access to patients, residents, and individuals receiving services and their records and to providers shall be available at any time during a provider’s regular business or visiting hours and at any other time when access is required by the circumstances to be investigated. Records that are confidential under federal or state law shall be maintained as confidential by the Office of the State Long-Term Care Ombudsman and shall not be further disclosed, except as permitted by law. However, notwithstanding the provisions of this section, there shall be no right of access to privileged communications pursuant to § 8.01-581.17.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308914,"text":"No provider, entity, or person may interfere with, retaliate against, or subject to reprisals a person who in good faith complains or provides information to, or otherwise cooperates with, the Office of the State Long-Term Care Ombudsman or any of its representatives or designees. The Commissioner shall promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals as required under the Older Americans Act, 42 U.S.C. § 3001 et seq.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15459,"edition_id":1,"name":"State Long-Term Care Ombudsman Program","identifier":"13","label":"article","depth":3,"order_by":1,"parent_id":12945,"metadata":{},"date_created":"2026-06-26 03:55:11","date_modified":"2026-06-26 03:55:11","permalink":{"id":236841,"object_type":"structure","relational_id":15459,"identifier":"13","token":"51.5\/14\/13","url":"\/51.5\/14\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12945,"edition_id":1,"name":"Department for Aging and Rehabilitative Services","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12761,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":236679,"object_type":"structure","relational_id":12945,"identifier":"14","token":"51.5\/14","url":"\/51.5\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12761,"edition_id":1,"name":"Persons With Disabilities","identifier":"51.5","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":236393,"object_type":"structure","relational_id":12761,"identifier":"51.5","token":"51.5","url":"\/51.5\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58881,"structure_id":15459,"section_number":"51.5-182","catch_line":"Responsibility for complaints and investigations","url":"\/51.5-182\/","token":"51.5\/14\/13\/51.5-182","metadata":false},{"id":86242,"structure_id":15459,"section_number":"51.5-183","catch_line":"Access to clients, patients, individuals, providers, and records by Office of the State Long-Term Care Ombudsman; interference, retaliation, and reprisals against complainants","url":"\/51.5-183\/","token":"51.5\/14\/13\/51.5-183","metadata":false},{"id":75641,"structure_id":15459,"section_number":"51.5-184","catch_line":"Confidentiality of records of Office of the State Long-Term Care Ombudsman","url":"\/51.5-184\/","token":"51.5\/14\/13\/51.5-184","metadata":false},{"id":79453,"structure_id":15459,"section_number":"51.5-185","catch_line":"Protection for representatives of the Office of the State Long-Term Care Ombudsman; interference, retaliation, and reprisals","url":"\/51.5-185\/","token":"51.5\/14\/13\/51.5-185","metadata":false}],"previous_section":{"id":58881,"structure_id":15459,"section_number":"51.5-182","catch_line":"Responsibility for complaints and investigations","url":"\/51.5-182\/","token":"51.5\/14\/13\/51.5-182","metadata":false},"next_section":{"id":75641,"structure_id":15459,"section_number":"51.5-184","catch_line":"Confidentiality of records of Office of the State Long-Term Care Ombudsman","url":"\/51.5-184\/","token":"51.5\/14\/13\/51.5-184","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.5-183\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 728<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapters 37<\/a> and 150<\/a>.<\/p>","references":false,"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":59071,"section_number":"32.1-125.1","catch_line":"Inspection of hospitals by state agencies generally","order_by":null,"url":"\/32.1-125.1\/"},{"id":77748,"section_number":"32.1-162.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.1\/"},{"id":62849,"section_number":"32.1-162.7","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.7\/"},{"id":60864,"section_number":"37.2-403","catch_line":"Definitions","order_by":null,"url":"\/37.2-403\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"permalink":{"id":236847,"object_type":"law","relational_id":86242,"identifier":"51.5-183","token":"51.5\/14\/13\/51.5-183","url":"\/51.5-183\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.5-183\/","token":"51.5\/14\/13\/51.5-183","dublin_core":{"Title":"Access to clients, patients, individuals, providers, and records by Office of the State Long-Term Care Ombudsman; interference, retaliation, and reprisals against complainants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.5-183","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Office of the State Long-Term Care Ombudsman pursuant to the Older Americans Act, 42 U.S.C. § 3001 et seq., shall, in the performance of its functions, responsibilities, and duties, have access to (i) licensed assisted living facilities and adult day centers as those terms are defined in § 63.2-100<\/a>, (ii) home care organizations as defined in § 32.1-162.7<\/a>, (iii) hospice facilities as defined in § 32.1-162.1<\/a>, (iv) certified nursing facilities and nursing homes as those terms are defined in § 32.1-123<\/a>, (v) providers as defined in § 37.2-403<\/a>, (vi) state hospitals operated by the Department<\/span> of Behavioral Health and Developmental Services, and (vii) providers of services by an area agency on aging or any private nonprofit or proprietary agency providing services; the clients<\/span>, patients, and individuals receiving services; and the records of such clients<\/span>, patients, and individuals whenever the Office of the State Long-Term Care Ombudsman has the consent of the client<\/span>, patient, or individual receiving services or his legal representative. However, if a client<\/span>, 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. Further, access shall be granted to the Office of the State Long-Term Care Ombudsman if a legal representative of the client<\/span>, patient, or individual receiving services refuses to give consent and the Office of the State Long-Term Care Ombudsman has reasonable cause to believe that the legal representative is not acting in the best interests of the client<\/span>, patient, or individual receiving services. Notwithstanding the provisions of § 32.1-125.1<\/a>, the Office of the State Long-Term Care Ombudsman shall have access to state hospitals in accordance with this section. Access to patients, residents, and individuals receiving services and their records and to providers shall be available at any time during a provider’s regular business or visiting hours and at any other time when access is required by the circumstances to be investigated. Records that are confidential under federal or state law<\/span> shall be maintained as confidential by the Office of the State Long-Term Care Ombudsman and shall not be further disclosed, except as permitted by law<\/span>. However, notwithstanding the provisions of this section, there shall be no right of access to privileged communications pursuant to § 8.01-581.17<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No provider, entity, or person may interfere with, retaliate against, or subject to reprisals a person who in good faith complains or provides information to, or otherwise cooperates with, the Office of the State Long-Term Care Ombudsman or any of its representatives or designees. The Commissioner<\/span> shall promulgate regulations regarding the investigation of allegations<\/span> of interference, retaliation, or reprisals and the implementation of sanctions<\/span> with respect to such interference, retaliation, or reprisals as required under the Older Americans Act, 42 U.S.C. § 3001 et seq. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS TO CLIENTS, PATIENTS, INDIVIDUALS, PROVIDERS, AND RECORDS BY OFFICE OF\nTHE STATE LONG-TERM CARE OMBUDSMAN; INTERFERENCE, RETALIATION, AND REPRISALS\nAGAINST COMPLAINANTS (\u00a7 51.5-183)\n\nA. The Office of the State Long-Term Care Ombudsman pursuant to the Older\nAmericans Act, 42 U.S.C. § 3001 et seq., shall, in the performance of its\nfunctions, responsibilities, and duties, have access to (i) licensed assisted\nliving facilities and adult day centers as those terms are defined in §\n63.2-100, (ii) home care organizations as defined in § 32.1-162.7, (iii)\nhospice facilities as defined in § 32.1-162.1, (iv) certified nursing\nfacilities and nursing homes as those terms are defined in § 32.1-123, (v)\nproviders as defined in § 37.2-403, (vi) state hospitals operated by the\nDepartment of Behavioral Health and Developmental Services, and (vii) providers\nof services by an area agency on aging or any private nonprofit or proprietary\nagency providing services; the clients, patients, and individuals receiving\nservices; and the records of such clients, patients, and individuals whenever\nthe Office of the State Long-Term Care Ombudsman has the consent of the client,\npatient, or individual receiving services or his legal representative. However,\nif a client, patient, or individual receiving services is unable to consent to\nthe review of his medical and social records and has no legal representative,\nand access to the records is necessary to investigate a complaint, access shall\nbe granted to the extent necessary to conduct the investigation. Further, access\nshall be granted to the Office of the State Long-Term Care Ombudsman if a legal\nrepresentative of the client, patient, or individual receiving services refuses\nto give consent and the Office of the State Long-Term Care Ombudsman has\nreasonable cause to believe that the legal representative is not acting in the\nbest interests of the client, patient, or individual receiving services.\nNotwithstanding the provisions of § 32.1-125.1, the Office of the State\nLong-Term Care Ombudsman shall have access to state hospitals in accordance with\nthis section. Access to patients, residents, and individuals receiving services\nand their records and to providers shall be available at any time during a\nprovider’s regular business or visiting hours and at any other time when\naccess is required by the circumstances to be investigated. Records that are\nconfidential under federal or state law shall be maintained as confidential by\nthe Office of the State Long-Term Care Ombudsman and shall not be further\ndisclosed, except as permitted by law. However, notwithstanding the provisions\nof this section, there shall be no right of access to privileged communications\npursuant to § 8.01-581.17.\n\nB. No provider, entity, or person may interfere with, retaliate against, or\nsubject to reprisals a person who in good faith complains or provides\ninformation to, or otherwise cooperates with, the Office of the State Long-Term\nCare Ombudsman or any of its representatives or designees. The Commissioner\nshall promulgate regulations regarding the investigation of allegations of\ninterference, retaliation, or reprisals and the implementation of sanctions with\nrespect to such interference, retaliation, or reprisals as required under the\nOlder Americans Act, 42 U.S.C. § 3001 et seq.\n\nHISTORY: 2020, c. 728; 2024, cc. 37, 150.","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}}