                                 CODE OF VIRGINIA

CONFIDENTIALITY OF COMPLAINANT&#8217;S IDENTITY (§ 32.1-138.5)

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 §
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.

HISTORY: 1994, c. 941.