Or. Admin. Code § 419-120-0090

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

Section 419-120-0090 - Disclosure of Investigation Report and Related Documents

(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, in accordance to ORS 430.763.

(3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to 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) 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 public record copy.

(c) 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.

(5) A centralized record of all abuse complaints, investigations and protective services reports shall be maintained by the Department's OTIS, in accordance to ORS 430.757 for all abuse investigations conducted at the state hospitals.

(6) The Department or the 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 following opportunity for a contested case hearing.

Or. Admin. Code § 419-120-0090

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 10/01/2018; 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 08/01/2019; DHS 32-2022, amend filed 11/14/2022, effective 11/16/2022; DHS 7-2023, renumbered from 407-045-0495, filed 12/01/2023, effective 12/01/2023; OTIS 115-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085, 426.010 & 430.731

Statutes/Other Implemented: 430.768, 426.385, 430.205 & 430.210, 430.731, 430.735 - 430.765 & ORS 179.390