(1)Any person may make a complaint verbally or in writing to the Division regarding an allegation as to the care or services provided by a home health agency or violations of home health agency laws or regulations.
(2)The identity of a person making a complaint will be kept confidential.
(3)Information obtained by the Division during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.410 through 192.505.
(4)Upon the conclusion of the investigation, the Division 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 Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a home health agency.
(5)An employee or contract provider with knowledge of a violation of ORS Chapter 443 (Residential Care) or OAR chapter 333, division 027, shall use the reporting procedures established by the home health agency before notifying the Division or other state agency of the inappropriate care or violation, unless the employee or contract provider:
(a)Believes a patient’s health or safety is in immediate jeopardy; or
(b)Files a complaint in accordance with section (1) of this rule.
(6)If the complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Division will refer the matter to that agency.
Rule 333-027-0037 — Complaints,