Thereafter, VOPA brought a number of lawsuits or initiated complaints against several state agencies, including the Department of Medical Assistance Services, the Virginia Lottery and the Department of Rehabilitative Services.
VOPA next sued the Commissioner to gain access to peer review records, which he defended on various grounds, including 11th Amendment sovereign immunity, arguing that one state agency cannot sue another state agency in federal court and that permitting federal court jurisdiction over essentially intramural disputes constituted an unwarranted intrusion into the internal workings of state government.
If the Governor does not veto the legislation and VOPA becomes a nonprofit entity, arguments over undue state control will disappear.
the refusal to provide the requested records to VOPA in violation of the DD and PAIMI Acts, and whether the relief sought could be characterized as prospective in nature.
The Court stated: "It was the Virginia law that created VOPA and gave it the power to sue state officials.
In fact, the Solicitor General shared oral argument with VOPA before the Court.
For additional information on the history of the P&A system in Virginia, see the Brief for Petitioner at 11-20 in VOPA v.
Under the DD and PAIMI Acts, VOPA has the authority to access "all records" of individuals whom it determines it has probable cause to believe may have been abused.
In addition to creating VOPA, the new legislation establishes its governing board, consisting of eleven members who are to be appointed by the Governor and the General Assembly.
20) The creation of this Fund prevents money allotted to and collected on behalf of VOPA from reverting to the Commonwealth's general fund and prevents any such funds from being used for any other purposes except those determined by the Board.
The DMHMRSAS Commissioner must also continue to provide the VOPA Director with written follow-up reports setting forth the known facts within fifteen working days of any such incident.
5) A federal re-designation process is required with a public notice and comment period before changing the designation from DRVD to VOPA.