(1)As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Division staff will begin an investigation.
(2)A hospital shall permit Division staff access to the facility during an investigation.
(3)An investigation may include but is not limited to:
(a)Interviews of the complainant, patients of the hospital, patient family members, witnesses, hospital management and staff;
(b)On-site observations of patients, staff performance, and the physical environment of the hospital; and
(c)Review of documents and records.
(4)In determining whether a violation has occurred under OAR 333-501-0020 (Violations)(8), the Division will consider the facility name, advertising used, and related content.
(5)Except as otherwise specified in 42 CFR § 401, Subpart B, 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 192.311 (Definitions for ORS 192.311 to 192.478) to 192.431 (Court authority in reviewing action denying right to inspect public records). 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 at the health care facility. The Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a health care facility, and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180) as that information pertains to a licensee of the board.
Rule 333-501-0010 — Investigations,