2.2-705 - Access to residents, facilities and patients' records by Office of State Long-Term Care Ombudsman. - Virginia Statutes

§ 2.2-705. Access to residents, facilities and patients' records by Office ofState Long-Term Care Ombudsman.

The entity designated by the Department to operate the programs of the Officeof the State Long-Term Care Ombudsman pursuant to the Older Americans Act,Public Law 100-175, shall, in the investigation of complaints referred to theprogram, have the same access to (i) residents, facilities and patients'records of licensed adult care residences in accordance with § 63.2-1706 and(ii) patients, facilities and patients' records of nursing facilities ornursing homes in accordance with § 32.1-25, and shall have access to thepatients, residents and patients' records of state hospitals operated by theDepartment of Behavioral Health and Developmental Services. However, if apatient is unable to consent to the review of his medical and social recordsand has no legal guardian, such representatives shall have appropriate accessto such records in accordance with this section. Notwithstanding theprovisions of § 32.1-125.1, the entity designated by the Department tooperate the programs of the Office of the State Long-Term Care Ombudsmanshall have access to nursing facilities and nursing homes and state hospitalsin accordance with this section. Access to residents, facilities andpatients' records shall be during normal working hours except in emergencysituations.

(1980, c. 477, § 2.1-373.1; 1982, c. 345; 1989, c. 160; 1993, cc. 333, 957,993; 1996, cc. 113, 341; 2001, c. 844; 2009, cc. 813, 840.)