2.2-706 - Confidentiality of records of Office of the State Long-Term Care Ombudsman. - Virginia Statutes

§ 2.2-706. Confidentiality of records of Office of the State Long-Term CareOmbudsman.

All documentary and other evidence received or maintained by the Departmentor its agents in connection with specific complaints or investigations underany program of the Office of the State Long-Term Care Ombudsman conducted byor under the Commissioner of that Department shall be confidential and notsubject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.),except that such information may be released on a confidential basis incompliance with regulations adopted by the Department and consistent withprovisions of subdivision 4 of § 2.2-601 and with the requirements of theOlder Americans Act (42 U.S.C. § 3001 et seq.).

The Commissioner of the Department shall release information concerningcompleted investigations of complaints made under the programs of the Officeof the State Long-Term Care Ombudsman, but shall in no event release theidentity of any complainant or resident of a long-term care facility unless(i) the complainant or resident or his legal representative consents inwriting to disclosure, or (ii) disclosure is required by court order. TheCommissioner of the Department shall establish procedures to notify long-termcare facilities of the nature of complaints and their findings.

(1980, c. 478, § 2.1-373.2; 1982, c. 345; 1988, c. 41; 1989, c. 160; 2001, c.844.)