Oregon Administrative Rules|Section 407-045-0495 - Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) Portions of the abuse investigation report and underlying investigatory documents are confidential and are not available for public inspection. 
(a) Pursuant to ORS 430.763, names of abuse reporters, witnesses and the alleged victim, as well as photographs of the patient are confidential and shall not be available for public inspection.
 
(b) Investigatory documents, including portions of the abuse investigation report and the protective services assessment contains "individually identifiable health information" as defined under ORS 192.556(6) and 45 CFR 160.103, and are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, ORS 192.553 through 192.581 and 179.505 to 179.509.
 
 
(2) Notwithstanding section (1) of this rule, the Department's OTIS shall make confidential information available, including any photographs if appropriate, to any law enforcement agency, public agency that licenses or certifies the state hospital or the individuals practicing therein, and any public agency providing protective services for the adult. The Department shall make the protective services assessment report and underlying investigatory materials available to any private agency providing protective services for the adult and to the protection and advocacy system designated pursuant to ORS 192.517(1).
 
(3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and shall not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law. 
(a) OTIS shall inform OSH that copies of all received abuse investigation and protective services assessments reports shall be:
(A) Maintained by the OSH Superintendent separate from employee personnel files;
 
(B) The alleged victim's patient record shall contain a reference to the report sufficient to enable authorized persons to request a review of the OSH Superintendent's copy of the report or to request a redacted public record copy.
 
 
(b) OTIS shall inform the OSH Superintendent that for purposes related to the proper administration of the state hospital, such as to respond to personnel actions, the Superintendent may re-disclose their confidential report at the Superintendent's discretion.
 
 
(4) A centralized record of all abuse investigation reports shall be maintained by OTIS for all abuse investigations conducted at the state hospital.
 
(5) OTIS shall provide a redacted version of the written report to the public for inspection upon written request. Public record requests for written reports with substantiated abuse findings may not be released until after a Department Final Order is issued following opportunity for a contested case hearing.
 
Or. Admin. R. 407-045-0495
DHSD 6-2018, temporary adopt filed 04/13/2018, effective 04/13/2018 through 10/09/2018; DHSD 28-2018, adopt filed 10/01/2018, effective 10/1/2018; DHSD 3-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019; DHSD 12-2019, amend filed 08/01/2019, effective 8/1/2019
Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731
 
Statutes/Other Implemented: ORS 179.390, 426.385, 430.210, 430.731, 430.735 - 430.765 & 430.768
This section was updated on 9/17/2019 by overlay.