Long-Term Care Ombudsman, Office of State; access to clients, patients, individuals, etc., records. (SB572)
Introduced By
Sen. George Barker (D-Alexandria)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Office of the State Long-Term Care Ombudsman. 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 facilities, clients, and the records of licensed assisted living facilities, licensed adult day care centers, home care organizations, hospice facilities, certified nursing facilities or nursing homes, providers, state hospitals or training centers operated by the Department of Behavioral Health and Developmental Services, and area agencies on aging or any entity providing services pursuant to a contract with an area agency on aging. Read the Bill »
Outcome
Bill Has Passed
History
| Date | Action |
|---|---|
| 01/09/2014 | Presented and ordered printed 14103211D |
| 01/09/2014 | Referred to Committee on Rehabilitation and Social Services |
| 01/15/2014 | Impact statement from DPB (SB572) |
| 01/23/2014 | Impact statement from DPB (SB572) |
| 01/31/2014 | Reported from Rehabilitation and Social Services with substitute (14-Y 0-N) |
| 01/31/2014 | Committee substitute printed 14104410D-S1 |
| 02/03/2014 | Constitutional reading dispensed (39-Y 0-N) |
| 02/04/2014 | Impact statement from DPB (SB572S1) |
| 02/04/2014 | Read second time |
| 02/04/2014 | Reading of substitute waived |
| 02/04/2014 | Committee substitute agreed to 14104410D-S1 |
| 02/04/2014 | Engrossed by Senate - committee substitute SB572S1 |
| 02/05/2014 | Read third time and passed Senate (40-Y 0-N) |
| 02/07/2014 | Placed on Calendar |
| 02/07/2014 | Read first time |
| 02/07/2014 | Referred to Committee on Health, Welfare and Institutions |
| 02/13/2014 | Reported from Health, Welfare and Institutions (19-Y 0-N) (see vote tally) |
| 02/14/2014 | Read second time |
| 02/17/2014 | Read third time |
| 02/17/2014 | Passed House BLOCK VOTE (98-Y 0-N) |
| 02/17/2014 | VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally) |
| 02/19/2014 | Enrolled |
| 02/19/2014 | Bill text as passed Senate and House (SB572ER) |
| 02/19/2014 | Signed by Speaker |
| 02/20/2014 | Impact statement from DPB (SB572ER) |
| 02/21/2014 | Signed by President |
| 03/03/2014 | G Approved by Governor-Chapter 98 (effective 7/1/14) |
| 03/03/2014 | G Acts of Assembly Chapter text (CHAP0098) |
Comments
This sounds like a good idea. However, the wording of this sentence at the end is troublesome:
"If the client's legal representative refuses to consent and reasonable cause exists to believe the legal representative is not acting in the client's best interest, the entity designated by the Department to operate the programs of the Office of the State Long-Term Care Ombudsman shall have access to the client's records."
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, 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