Oregon Department of Human Services

Rule Rule 407-045-1000
Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope

(1) Effective January 1, 2020, OAR 407-045-1000 (Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope) through 407-045-1110 (Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents) establishes the Department of Human Services (DHS) Office of Training, Investigations and Safety (OTIS) rules for investigating and assessing the provision of protective services related to allegations of abuse of adults receiving residential treatment services for a substance use disorder (SUD) from a facility licensed by the Oregon Health Authority (OHA).
(2) OTIS shall conduct thorough and unbiased investigations to make abuse findings and assess protective services in coordination with the Oregon Health Authority (OHA) Health Systems Division (HSD) as an evaluation of resident health and safety in SUD residential treatment services.
(3) These rules also describe the procedures to provide an accused person or provider (AP) with a Department administrative review of a substantiated abuse finding determined upon closure of an investigation opened under these rules, prior to issuing a final order.
(4) OTIS shall follow the requirements in these rules and ORS 430.735 (Definitions for ORS 430.735 to 430.765) through 430.765 (Duty of officials to report abuse). When state law and code of federal regulations (CFR) conflict related to confidentiality of SUD patient-identifying information records (42 CFR, Part 2, Oct. 1, 2018), the Department and OHA shall defer to federal law. Of note:
(a) OTIS may receive and share Part 2 patient-identifying information and records from HSD regulated SUD residential treatment facilities as described in (2) of this rule for evaluating serious events as part of screening for possible abuse investigation;
(b) OTIS may not use or re-disclose Part 2 patient-identifying information received during investigations unless a specific written patient release of records is obtained; and
(c) OTIS shall securely retain all Part 2 SUD patient-identifying information and records received in (a) and (b) in accordance to the retention schedule established by the Department for abuse investigation reports.

Last accessed
Jun. 8, 2021