Or. Admin. Code § 333-027-0038

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-027-0038 - Investigations

(1) An unannounced complaint investigation will be carried out as soon as practicable of the receipt of the complaint and may include, but is not limited to:

(a) Interviews of the complainant, caregivers, patients, a patient's representative, a patient's family members, witnesses, and agency management and staff;

(b) On-site observations of the patient(s), staff performance, patient environment; and

(c) Review of documents and records.

(2) Should the complaint allegation represent an immediate threat to the health or safety of a patient, the Authority will notify appropriate authorities to ensure a patient's safety, and an investigation will be commenced within two working days.

(3) An agency shall permit Authority staff access to the agency during an investigation.

(4) The agency shall cooperate with investigations of allegations of patient abuse and neglect conducted by the Oregon Department of Human Services (ODHS), Oregon Health Authority, Adult Protective Services, and other agencies such as law enforcement.

(5) Information obtained by the Authority during an investigation of a complaint or reported violation under this rule is confidential and not subject to public disclosure under ORS 192.311 to 192.478. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any patient of a home health agency. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a home health agency and may report information obtained during an investigation to a health professional licensing regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board.

Or. Admin. Code § 333-027-0038

PH 7-2012, f. 3-30-12, cert. ef. 4-1-12; PH 3-2022, amend filed 01/11/2022, effective 1/13/2022

Statutory/Other Authority: ORS 443.085

Statutes/Other Implemented: ORS 443.355