32.1-138.5 - Confidentiality of complainant's identity. - Virginia Statutes

§ 32.1-138.5. Confidentiality of complainant's identity.

Whenever the Department conducts inspections and investigations in responseto complaints received from the public, the identity of the complainant andthe identity of any patient who is the subject of the complaint, oridentified therein, shall be treated as confidential and shall not be open toinspection by members of the public. Identities of the complainant andpatient who is the subject of the complaint shall be revealed only if a courtorder so requires. Nothing contained herein shall prevent the Department, inits discretion, from disclosing to the nursing facility the nature of thecomplaint or the identity of the patient who is the subject of the complaint.Nothing contained herein shall prevent the Department or its employees frommaking reports under § 63.2-1603 et seq. If the Department intends to rely,in whole or in part, on any statements made by the complainant, at anyadministrative hearing brought against the nursing facility, the Departmentshall disclose the identity of the complainant to the nursing facility areasonable time in advance of such hearing.

(1994, c. 941.)