37.2-425 - Reports.

§ 37.2-425. Reports.

A. The Inspector General shall prepare, not later than May 31 and November 30of each year, semiannual reports summarizing the activities of the Officeduring the immediately preceding six-month periods ending March 31 andSeptember 30. Reports shall include:

1. A description of significant problems, abuses, and deficiencies related tothe administration of the programs and services of state facilities and ofproviders, including licensed mental health treatment units in statecorrectional facilities, during the reporting period;

2. A description of the recommendations for corrective actions made by theOffice during the reporting period with respect to significant problems,abuses, or deficiencies identified;

3. An identification of each significant recommendation, described inprevious reports under this section, on which corrective action has not beencompleted;

4. A summary of matters referred to the attorneys for the Commonwealth, lawenforcement, and the Inspector General for the Department of Corrections andactions taken on them during the reporting period; and

5. Information concerning the numbers of complaints received and types ofinvestigations completed by the Office during the reporting period.

B. Within 30 days of the transmission of each semiannual report, theInspector General shall make copies of the report available to the publicupon request and at a reasonable cost.

C. The Inspector General shall report immediately to the Governor and theCommissioner or the Director of the Department of Corrections, as may beappropriate, whenever the Office becomes aware of particularly seriousproblems, abuses, or deficiencies relating to the administration of theprograms and services of state facilities and of providers, includinglicensed mental health treatment units in state correctional facilities.

D. The Inspector General may conduct additional investigations and makereports relating to the administration of the programs and services of statefacilities and of providers, including licensed mental health treatment unitsin state correctional facilities, as are, in the judgment of the InspectorGeneral, necessary or desirable.

E. Notwithstanding any other provision of law, the reports, information, ordocuments required by or under this section shall be transmitted directly tothe Governor, the General Assembly, and the Joint Commission on Health Careby the Inspector General without preliminary clearances or approvals. TheInspector General shall, insofar as feasible, provide copies of thesemiannual reports to the Governor in advance of the date for theirsubmission to the General Assembly and the Joint Commission on Health Care,to provide a reasonable opportunity for comments of the Governor to beappended to the reports when they are submitted to the General Assembly andthe Joint Commission on Health Care.

F. Records that are confidential under federal or state law shall bemaintained as confidential by the Inspector General and shall not be furtherdisclosed, except as permitted by law.

G. The Inspector General's written reports of state facility inspectionsshall be transmitted to the Governor for review and comment as deemednecessary by the Governor. The Inspector General shall report on the generalconditions, staffing patterns, and access to active and contemporarytreatment in each state facility, at a minimum, on an annual basis. TheDepartment shall comment in writing on any recommendations made by theInspector General.

H. For purposes of this section, the term "provider" shall be as defined in§ 37.2-403.

(2001, c. 792, § 2.1-816.1, § 37.1-256.1; 2002, c. 82; 2003, cc. 35, 40, 450;2004, c. 169; 2005, c. 716.)