Or. Admin. Code § 419-110-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 419-110-0100 - Disclosure of the Abuse Investigation Report

(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 adult, as well as photographs of the adult 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 shall make confidential information available, including any photographs if appropriate, in accordance to ORS 430.763.

(3) Individuals or entities receiving confidential information pursuant to this rule shall maintain the confidentiality of the information and may not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law.

(4) The Department or Authority 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.

(5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department, in accordance to ORS 430.757.

Or. Admin. Code § 419-110-0100

DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18; DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018; DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019; DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019; DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022; DHS 7-2023, renumbered from 407-045-0220, filed 12/01/2023, effective 12/01/2023; OTIS 103-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731

Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 - 443.825 & 413.036