Oregon Department of Human Services

Rule Rule 407-045-0330
Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents


(1)

Portions of the abuse investigation and protective services report and underlying investigatory documents are confidential and are not available for public inspection.

(a)

Pursuant to ORS 430.763 (Confidentiality of records), names of abuse reporters, witnesses and the adult, as well as photographs of the adult are confidential and may not be available for public inspection.

(b)

Investigatory documents, including portions of the abuse investigation and protective services report that contains “individually identifiable health information,” as defined under ORS 192.556 (Definitions for ORS 192.553 to 192.581)(6) and 45 CFR160.103, are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, and ORS 192.553 (Policy for protected health information) through 192.581 (Allowed retention or disclosure of genetic information) and 179.505 (Disclosure of written accounts by health care services provider) to 179.509 (Reports on deaths at institutions).

(2)

Notwithstanding section (1) of this rule, OTIS shall make this confidential information and any investigative report available, including any photographs if appropriate, to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses and certifies the persons practicing therein, and any public agency providing protective services for the adult, if appropriate. OTIS shall also make this information and any investigative report available to any private agency providing protective services for the adult and to the protection and advocacy system designated pursuant to ORS 192.517 (Access to records of individual with disability or individual with mental illness)(1). When this information and any investigative report is made available to a private agency, the confidentiality requirements of this section apply to the private agency.

(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 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.

(5)

A centralized record of all abuse complaints shall be maintained by the Department.

(6)

A centralized record of all abuse investigation and protective services reports shall be maintained by community programs for all abuse investigations conducted in their county and by OTIS for all abuse investigations in the state.

(7)

When the abuse investigation and protective services report is conducted by a CDDP, the protective services investigation information may be disclosed pursuant to statute and this rule either by the CDDP or OTIS.
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Last accessed
Jun. 8, 2021