Long-Term Care Ombudsman, Office of State; access to clients, patients, individuals, etc., records. (SB572)

Introduced By

Sen. George Barker (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Passed


01/09/2014Presented and ordered printed 14103211D
01/09/2014Referred to Committee on Rehabilitation and Social Services
01/15/2014Impact statement from DPB (SB572)
01/23/2014Impact statement from DPB (SB572)
01/31/2014Reported from Rehabilitation and Social Services with substitute (14-Y 0-N)
01/31/2014Committee substitute printed 14104410D-S1
02/03/2014Constitutional reading dispensed (39-Y 0-N)
02/04/2014Impact statement from DPB (SB572S1)
02/04/2014Read second time
02/04/2014Reading of substitute waived
02/04/2014Committee substitute agreed to 14104410D-S1
02/04/2014Engrossed by Senate - committee substitute SB572S1
02/05/2014Read third time and passed Senate (40-Y 0-N)
02/07/2014Placed on Calendar
02/07/2014Read first time
02/07/2014Referred to Committee on Health, Welfare and Institutions
02/13/2014Reported from Health, Welfare and Institutions (19-Y 0-N) (see vote tally)
02/14/2014Read second time
02/17/2014Read third time
02/17/2014Passed House BLOCK VOTE (98-Y 0-N)
02/17/2014VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/19/2014Bill text as passed Senate and House (SB572ER)
02/19/2014Signed by Speaker
02/20/2014Impact statement from DPB (SB572ER)
02/21/2014Signed by President
03/03/2014G Approved by Governor-Chapter 98 (effective 7/1/14)
03/03/2014G Acts of Assembly Chapter text (CHAP0098)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 35 seconds.


spotter writes:

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: