A. Any designated representative of the Office of the State Long-Term Care Ombudsman who in good faith with reasonable cause and without malice performs the official duties of ombudsman, including acting to report, investigate, or cause any investigation to be made regarding a long-term care provider, shall be immune from any civil liability that might otherwise be incurred or imposed as the result of making the report or investigation.
B. No provider, entity, or person may interfere with, retaliate against, or subject to reprisals the Office of the State Long-Term Care Ombudsman or any of its representatives or designees for actions taken in fulfillment of its functions, responsibilities, or duties. The Commissioner shall promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals as required under the Older Americans Act, 42 U.S.C. § 3001 et seq.
C. The Department shall put in place mechanisms to ensure that the Office of the State Long-Term Care Ombudsman may (i) analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and policies and actions related to long-term care services and providers or to the health, safety, welfare, and rights of individuals receiving long-term care services; (ii) recommend changes to such laws, regulations, and policies; and (iii) provide information, recommendations, and the position of the Office of the State Long-Term Care Ombudsman to public and private agencies, legislators, media, and other persons regarding concerns of individuals receiving long-term care services. Any comments, determinations, recommendations, and positions of the Office of the State Long-Term Care Ombudsman shall be clearly labeled as those of the Office of the State Long-Term Care Ombudsman and shall not be binding on the Department.
2020, c. 728.
Structure Code of Virginia
Title 51.5 - Persons with Disabilities
Chapter 14 - Department for Aging and Rehabilitative Services
§ 51.5-117. Declaration of purpose; Department for Aging and Rehabilitative Services created
§ 51.5-118. Department designated as state agency for purpose of cooperation with federal government
§ 51.5-120. Cooperation of Department with other state departments
§ 51.5-123. Community Rehabilitation Case Management System
§ 51.5-124. Eligibility for community rehabilitation case management
§ 51.5-125. Gifts and donations
§ 51.5-126. Donation of equipment
§ 51.5-127. Commonwealth Council on Aging; purpose; membership; terms
§ 51.5-128. Duties of the Commonwealth Council on Aging
§ 51.5-129. Creation of State Rehabilitation Council; purpose; membership
§ 51.5-130. Commissioner for Aging and Rehabilitative Services
§ 51.5-131. Powers and duties of Commissioner
§ 51.5-132. Commissioner to establish regulations regarding human research
§ 51.5-133. Cooperation with local authorities
§ 51.5-135. Powers and duties of Department with respect to aging persons; area agencies on aging
§ 51.5-136. Strategic long-range planning for aging services; four-year plan; report
§ 51.5-137. Administrative responsibilities of Department regarding aging services
§ 51.5-138. Coordination of local aging services and long-term care by localities
§ 51.5-143. Powers and duties of Department relating to universal design and visitability features
§ 51.5-145. Responsibility of the Department for adult services
§ 51.5-147. Appeal to Commissioner regarding home-based and adult foster care services
§ 51.5-148. Establishment of Adult Protective Services Unit; powers and duties
§ 51.5-149.1. Public Guardian and Conservator Advisory Board; purpose; membership; terms
§ 51.5-149.2. Powers and duties of the Board
§ 51.5-151. Minimum requirements for local programs; authority
§ 51.5-153. Alzheimer's and Related Diseases Research Award Fund
§ 51.5-154. (Expires July 1, 2023) Alzheimer's Disease and Related Disorders Commission; report
§ 51.5-160. Auxiliary grants program; administration of program
§ 51.5-161. Awarding of grants; purposes; eligible applicants
§ 51.5-162. Independent living services
§ 51.5-163. Centers for independent living
§ 51.5-164. Statewide Independent Living Council created
§ 51.5-166. Eligibility criteria
§ 51.5-167. Participation by clients in cost of services
§ 51.5-169. Cooperative agreements with community services boards and schools
§ 51.5-169.1. Long-Term Employment Support Services and Extended Employment Services
§ 51.5-169.2. Employment Service Organization Steering Committee; membership; terms
§ 51.5-172. Individualized plan for employment
§ 51.5-173. Services for individuals
§ 51.5-174. Services for groups
§ 51.5-175. Case closure in extended employment
§ 51.5-176. Participation by clients in cost of services
§ 51.5-177. Client rights regarding services
§ 51.5-179. Commonwealth Neurotrauma Initiative Trust Fund established
§ 51.5-181. Procedures for grant applications
§ 51.5-182. Responsibility for complaints and investigations
§ 51.5-184. Confidentiality of records of Office of the State Long-Term Care Ombudsman