Long-Term Care Ombudsman, Office of State; access to clients, patients, individuals, etc., records. (HB240)
Introduced By
Del. John O'Bannon (R-Richmond)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Office of State Long-Term Care Ombudsman; access to clients, patients, individuals, facilities, and records. Provides that the entity designated by the Department for Aging and Rehabilitative Services to operate the programs of the Office of the State Long-Term Care Ombudsman shall have access to adult day care centers, assisted living facilities, nursing facilities and nursing homes, hospices, home care organizations, providers licensed by the Department of Behavioral Health and Developmental Services, state hospitals, and training centers; their clients, patients, and individuals receiving services; and the records of those clients, patients, and individuals receiving services, for the purposes of investigating complaints referred to the program. Read the Bill »
Outcome
History
Date | Action |
---|---|
12/29/2013 | Committee |
12/29/2013 | Prefiled and ordered printed; offered 01/08/14 14101547D |
12/29/2013 | Referred to Committee on Health, Welfare and Institutions |
01/09/2014 | Assigned HWI sub: # 1 |
01/14/2014 | Impact statement from DPB (HB240) |
01/21/2014 | Subcommittee recommends reporting with amendment(s) (11-Y 0-N) |
01/23/2014 | Reported from Health, Welfare and Institutions with substitute (22-Y 0-N) (see vote tally) |
01/23/2014 | Impact statement from DPB (HB240) |
01/23/2014 | Committee substitute printed 14103957D-H1 |
01/24/2014 | Read first time |
01/27/2014 | Read second time |
01/27/2014 | Committee substitute agreed to 14103957D-H1 |
01/27/2014 | Engrossed by House - committee substitute HB240H1 |
01/28/2014 | Read third time and passed House BLOCK VOTE (98-Y 0-N) |
01/28/2014 | VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally) |
01/29/2014 | Constitutional reading dispensed |
01/29/2014 | Referred to Committee on Education and Health |
01/29/2014 | Impact statement from DPB (HB240H1) |
02/06/2014 | Rereferred from Education and Health (15-Y 0-N) (see vote tally) |
02/06/2014 | Rereferred to Rehabilitation and Social Services |
02/14/2014 | Reported from Rehabilitation and Social Services (13-Y 0-N) |
02/17/2014 | Constitutional reading dispensed (40-Y 0-N) |
02/18/2014 | Read third time |
02/18/2014 | Passed Senate (40-Y 0-N) |
02/20/2014 | Enrolled |
02/20/2014 | Bill text as passed House and Senate (HB240ER) |
02/20/2014 | Impact statement from DPB (HB240ER) |
02/20/2014 | Signed by Speaker |
02/22/2014 | Signed by President |
03/05/2014 | G Approved by Governor-Chapter 120 (effective 7/1/14) |
03/05/2014 | G Acts of Assembly Chapter text (CHAP0120) |
Comments
This sounds like a good idea. However, the wording of this sentence at the end is troublesome:
"If the client, patient, or individual receiving services is unable to consent to the review of his medical record and has a legal representative, and the legal representative refuses to consent to the disclosure, access to the records may be granted notwithstanding the legal representative's refusal upon a finding by the adult day care center, assisted living facility, nursing facility or nursing home, hospice, home care organization, provider, state hospital, or training center that consent to the disclosure is being withheld contrary to the best interests of the client, patient, or individual receiving services."
The ombudsman should have access to the records, period. The consent of the legal representative should not be necessary. A complaint has been filed, it needs to be investigated, and the ombudsman should have access to the records. The "best interests" language should be eliminated.
Unfortunately, some "legal representatives," including our publicly funded public guardianship programs, cannot be trusted to put the client's interests and the need for accountability and oversight above their own need to cover up their misdeeds. For an example, please carefully listen to the words of one such client, whose complaints to each and every entity that should have overseen Jewish Family Service of Tidewater were ignored for months on end:
http://www.jennyhatchjusticeproject.com/jennys_words
Posted 2 seconds ago.