Oregon State Hospital Patient Abuse Investigation Rules: 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 (Confidentiality of records), 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 (Definitions for ORS 192.553 to 192.581)(6) and 45 CFR160.103, and are confidential under federal Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 45 CFR Parts 160 and 164, 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, the Department’s OTIS shall make confidential information available, including any photographs if appropriate, to any law enforcement agency, public agency that licenses or certifies the state hospital or the individuals practicing therein, and any public agency providing protective services for the adult. The Department shall make the protective services assessment report and underlying investigatory materials 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).(3) Individuals or entities receiving confidential information pursuant to this rule shall be informed they are to maintain the confidentiality of the information and shall not re-disclose the confidential information to unauthorized individuals or entities, as required by state or federal law. (a) 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 redacted public record copy.(b) OTIS shall inform the OSH Superintendent that 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.(4) A centralized record of all abuse investigation reports shall be maintained by OTIS for all abuse investigations conducted at the state hospital.(5) OTIS 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.