                                 CODE OF VIRGINIA

ACCESS TO CLIENTS, PATIENTS, INDIVIDUALS, PROVIDERS, AND RECORDS BY OFFICE OF
THE STATE LONG-TERM CARE OMBUDSMAN; INTERFERENCE, RETALIATION, AND REPRISALS
AGAINST COMPLAINANTS (§ 51.5-183)

A. The Office of the State Long-Term Care Ombudsman pursuant to the Older
Americans Act, 42 U.S.C. &#xA7; 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 &#xA7;
63.2-100, (ii) home care organizations as defined in &#xA7; 32.1-162.7, (iii)
hospice facilities as defined in &#xA7; 32.1-162.1, (iv) certified nursing
facilities and nursing homes as those terms are defined in &#xA7; 32.1-123, (v)
providers as defined in &#xA7; 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 &#xA7; 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&#8217;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 &#xA7; 8.01-581.17.

B. 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. &#xA7; 3001 et seq.

HISTORY: 2020, c. 728; 2024, cc. 37, 150.