2006 Code of Virginia § 51.5-39.7 - (See Editor\'s note) Ombudsman services for persons with disabilities

51.5-39.7. (See Editor's note) Ombudsman services for persons withdisabilities.

A. There is hereby created within the Office an ombudsman section. TheDirector shall establish procedures for receiving complaints and conductinginvestigations for the purposes of resolving and mediating complaintsregarding any activity, practice, policy, or procedure of any hospital,facility or program operated, funded or licensed by the Department of MentalHealth, Mental Retardation and Substance Abuse Services, the Department ofRehabilitative Services, the Department of Social Services, or any otherstate or local agency, that is adversely affecting the health, safety,welfare or civil or human rights of any person with mental, cognitive,sensory or physical disabilities. After initial investigation, the sectionmay decline to accept any complaint it determines is frivolous or not made ingood faith. The ombudsman section shall attempt to resolve the complaint atthe lowest appropriate level, unless otherwise provided by law. Theprocedures shall require the section to:

1. Acknowledge the receipt of a complaint by sending written notice to thecomplainant within seven days after receiving the complaint;

2. When appropriate, provide written notice of a complaint to the Departmentof Mental Health, Mental Retardation and Substance Abuse Services or anyother appropriate agency within seven days after receiving the complaint. TheDepartment or agency shall report its findings and actions no later thanfourteen days after receiving the complaint;

3. Immediately refer a complaint made under this section to the Department ofMental Health, Mental Retardation and Substance Abuse Services or any otherappropriate governmental agency whenever the complaint involves an immediateand substantial threat to the health or safety of a person with mentalretardation, developmental disabilities, mental illness, or other disability.The Department or agency receiving the complaint shall report its findingsand actions no later than forty-eight hours following its receipt of thecomplaint;

4. Within seven days after identifying a deficiency in the treatment of aperson with a disability that is in violation of state or federal law orregulation, refer the matter in writing to the appropriate state agency. Thestate agency shall report on its findings and actions within seven days ofreceiving notice of the matter;

5. Advise the complainant and any person with a disability affected by thecomplaint, no more than thirty days after it receives the complaint, of anyaction it has taken and of any opinions and recommendations it has withrespect to the complaint. The ombudsman section may request any partyaffected by the opinions or recommendations to notify the section, within atime period specified by the section, of any action the party has taken onits recommendation; and

6. Refer any complaint not resolved through negotiation, mediation, orconciliation to the Director or the Director's designee to determine whetherfurther protection and advocacy services shall be provided by the Office.

B. The ombudsman section may make public any of its opinions orrecommendations concerning a complaint, the responses of persons andgovernmental agencies to its opinions or recommendations, and any act,practice, policy, or procedure that adversely affects or may adversely affectthe health, safety, welfare, or civil or human rights of a person with adisability, subject to the provisions of 51.5-39.8.

C. The Office shall publicize its existence, functions, and activities, andthe procedures for filing a complaint under this section, and send thisinformation in written form to each provider of services to persons withdisabilities, with instructions that the information is to be posted in aconspicuous place accessible to patients, residents, consumers, clients,visitors, and employees. The Office shall establish, maintain and publicize atoll-free number for receiving complaints.

(2002, c. 572.)