Long-Term Care Ombudsman, Office of State; access to clients, patients, individuals, etc., records. (HB240)

Introduced By

Del. John O'Bannon (R-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Passed


12/29/2013Prefiled and ordered printed; offered 01/08/14 14101547D
12/29/2013Referred to Committee on Health, Welfare and Institutions
01/09/2014Assigned HWI sub: # 1
01/14/2014Impact statement from DPB (HB240)
01/21/2014Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
01/23/2014Reported from Health, Welfare and Institutions with substitute (22-Y 0-N) (see vote tally)
01/23/2014Impact statement from DPB (HB240)
01/23/2014Committee substitute printed 14103957D-H1
01/24/2014Read first time
01/27/2014Read second time
01/27/2014Committee substitute agreed to 14103957D-H1
01/27/2014Engrossed by House - committee substitute HB240H1
01/28/2014Read third time and passed House BLOCK VOTE (98-Y 0-N)
01/28/2014VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
01/29/2014Constitutional reading dispensed
01/29/2014Referred to Committee on Education and Health
01/29/2014Impact statement from DPB (HB240H1)
02/06/2014Rereferred from Education and Health (15-Y 0-N) (see vote tally)
02/06/2014Rereferred to Rehabilitation and Social Services
02/14/2014Reported from Rehabilitation and Social Services (13-Y 0-N)
02/17/2014Constitutional reading dispensed (40-Y 0-N)
02/18/2014Read third time
02/18/2014Passed Senate (40-Y 0-N)
02/20/2014Bill text as passed House and Senate (HB240ER)
02/20/2014Impact statement from DPB (HB240ER)
02/20/2014Signed by Speaker
02/22/2014Signed by President
03/05/2014G Approved by Governor-Chapter 120 (effective 7/1/14)
03/05/2014G Acts of Assembly Chapter text (CHAP0120)


spotter writes:

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:

Posted 2 seconds ago.