                                 CODE OF VIRGINIA

PROTECTION FOR REPRESENTATIVES OF THE OFFICE OF THE STATE LONG-TERM CARE
OMBUDSMAN; INTERFERENCE, RETALIATION, AND REPRISALS (§ 51.5-185)

A. Any designated representative of the Office of the State Long-Term Care
Ombudsman who in good faith with reasonable cause and without malice performs
the official duties of ombudsman, including acting to report, investigate, or
cause any investigation to be made regarding a long-term care provider, shall be
immune from any civil liability that might otherwise be incurred or imposed as
the result of making the report or investigation.

B. No provider, entity, or person may interfere with, retaliate against, or
subject to reprisals the Office of the State Long-Term Care Ombudsman or any of
its representatives or designees for actions taken in fulfillment of its
functions, responsibilities, or duties. 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.

C. The Department shall put in place mechanisms to ensure that the Office of the
State Long-Term Care Ombudsman may (i) analyze, comment on, and monitor the
development and implementation of federal, state, and local laws, regulations,
and policies and actions related to long-term care services and providers or to
the health, safety, welfare, and rights of individuals receiving long-term care
services; (ii) recommend changes to such laws, regulations, and policies; and
(iii) provide information, recommendations, and the position of the Office of
the State Long-Term Care Ombudsman to public and private agencies, legislators,
media, and other persons regarding concerns of individuals receiving long-term
care services. Any comments, determinations, recommendations, and positions of
the Office of the State Long-Term Care Ombudsman shall be clearly labeled as
those of the Office of the State Long-Term Care Ombudsman and shall not be
binding on the Department.

HISTORY: 2020, c. 728.