                                 CODE OF VIRGINIA

CONFIDENTIALITY OF RECORDS OF OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN (§
51.5-184)

A. All documentary and other evidence received or maintained by the Office of
the State Long-Term Care Ombudsman, the Department, or their agents in
connection with specific complaints or investigations under any program of the
Office of the State Long-Term Care Ombudsman shall be confidential and not
subject to the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.),
except that such information may be released on a confidential basis in
compliance with regulations adopted by the Department and consistent with
provisions of subdivision 4 of &#xA7; 2.2-601 and with the requirements of the
Older Americans Act, 42 U.S.C. &#xA7; 3001 et seq.

B. The Office of the State Long-Term Care Ombudsman shall release information
concerning completed investigations of complaints made under the programs of the
Office of the State Long-Term Care Ombudsman but shall in no event release the
identity of any complainant or individual receiving services from a long-term
care provider that was the subject of a complaint unless (i) the complainant, or
if the complainant is not the individual receiving services, the individual
receiving services, or his legal representative and the complainant, consents to
disclosure or (ii) disclosure is required by court order. The Office of the
State Long-Term Care Ombudsman shall establish procedures to notify long-term
care providers of the nature of complaints and its findings.

HISTORY: 2020, c. 728.