| 8 | 12 | | |
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| 9 | 13 | | Be it enacted by the General Assembly of Virginia: |
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| 10 | 14 | | |
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| 11 | 15 | | 1. That 2.2-309.1 of the Code of Virginia is amended and reenacted as follows: |
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| 12 | 16 | | |
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| 13 | 17 | | 2.2-309.1. Additional powers and duties; behavioral health and developmental services. |
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| 14 | 18 | | |
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| 15 | 19 | | A. The definitions found in 37.2-100 shall apply mutatis mutandis to the terms used in this section. |
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| 16 | 20 | | |
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| 17 | 21 | | B. In addition to the duties set forth in this chapter, the State Inspector General shall have the following powers and duties to: |
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| 18 | 22 | | |
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| 19 | 23 | | 1. Provide inspections of and make policy and operational recommendations for state facilities and for providers, including licensed mental health treatment units in state correctional facilities, in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of their programs and services. The State Inspector General shall provide oversight and conduct announced and unannounced inspections of state facilities and of providers, including licensed mental health treatment units in state correctional facilities, on an ongoing basis in response to specific complaints of abuse, neglect, or inadequate care and as a result of monitoring serious incident reports and reports of abuse, neglect, or inadequate care or other information received. The State Inspector General shall conduct unannounced inspections at each state facility at least once annually; |
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| 20 | 24 | | |
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| 21 | 25 | | 2. Inspect, monitor, and review the quality of services provided in state facilities and by providers as defined in 37.2-403, including licensed mental health treatment units in state correctional facilities; |
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| 22 | 26 | | |
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| 23 | 27 | | 3. Access any and all information, including confidential consumer information, related to the delivery of services to consumers in state facilities or served by providers, including licensed mental health treatment units in state correctional facilities. However, the State Inspector General shall not be given access to any proceedings, minutes, records, or reports of providers that are privileged under 8.01-581.17, except that the State Inspector General shall be given access to any privileged information in state facilities and licensed mental health treatment units in state correctional facilities. All consumer information shall be maintained by the State Inspector General as confidential in the same manner as is required by the agency or provider from which the information was obtained; |
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| 24 | 28 | | |
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| 25 | 29 | | 4. Keep the General Assembly and, the Joint Commission on Health Care, and the Behavioral Health Commission fully and currently informed by means of reports required by 2.2-313 concerning significant problems, abuses, and deficiencies relating to the administration of the programs and services of state facilities and of providers, including licensed mental health treatment units in state correctional facilities, to recommend corrective actions concerning the problems, abuses, and deficiencies, and report on the progress made in implementing the corrective actions; |
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| 26 | 30 | | |
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| 27 | 31 | | 5. Provide oversight of the Department of Behavioral Health and Developmental Services and community-based providers to identify system-level issues and conditions affecting quality of care and safety and provide recommendations to alleviate such issues and conditions; |
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| 28 | 32 | | |
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| 29 | 33 | | 6. Implement a program to promote awareness of the complaints line operated by the Office of the State Inspector General among residents of facilities operated by the Department of Behavioral Health and Developmental Services and persons receiving services from community-based providers regulated by the Department of Behavioral Health and Developmental Services; |
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| 30 | 34 | | |
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| 31 | 35 | | 7. Review, comment on, and make recommendations about, as appropriate, any reports prepared by the Department of Behavioral Health and Developmental Services and the critical incident data collected by the Department of Behavioral Health and Developmental Services in accordance with regulations adopted under 37.2-400 to identify issues related to quality of care, seclusion and restraint, medication usage, abuse and neglect, staff recruitment and training, and other systemic issues; |
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| 32 | 36 | | |
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| 33 | 37 | | 8. As deemed necessary, monitor, review, and comment on regulations adopted by the Board of Behavioral Health and Developmental Services; and |
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| 34 | 38 | | |
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| 35 | 39 | | 9. Receive reports, information, and complaints from the Commonwealth's designated protection and advocacy system concerning issues related to quality of care provided in state facilities and by providers, including licensed mental health treatment units in state correctional facilities, and conduct independent reviews and investigations. |
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