OAR 411-340-0050
Inspections and Investigations
(1)
Brokerages certified under these rules must allow the following types of investigations and inspections:(a)
Quality assurance and on-site inspections;(b)
Complaint investigations; and(c)
Abuse investigations.(2)
The Department, CDDP, Oregon Health Authority, or other appropriate authority performs all inspections and investigations.(a)
Any inspection or investigation may be unannounced.(b)
The Department may review the implementation of these rules as needed to ensure compliance. Following a Department review, the Department issues a report to the Brokerage identifying areas of compliance and areas in need of improvement.(c)
The Department or the CDDP conducts abuse investigations as set forth in OAR 407-045-0250 (Adult Developmental Disabilities Abuse Rules: Purpose and Scope) to OAR 407-045-0360 (Adult Developmental Disabilities Abuse Rules: Department Investigation of Alleged Abuse) and completes abuse investigation and protective services reports according to OAR 407-045-0320 (Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report). Upon completion of the abuse investigation and protective services report and in accordance with OAR 407-045-0330 (Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents), the Department or CDDP provides the sections of the report that are public records and not exempt from disclosure under the public records law.(3)
All documentation and written reports required by this rule and other relevant administrative rules must be:(a)
Open to inspection and investigation by the Department, CDDP, Oregon Health Authority, or other appropriate authority; and(b)
Submitted within the time allotted.(4)
If, following a Department review, the Brokerage is not in substantial compliance with these rules, the Brokerage must respond to a plan of improvement within 45 days of the review report being issued, or in a time specified by the Department. The Department may conduct additional reviews as necessary to ensure improvement measures have been achieved. The Department may offer, or the Brokerage may request, technical assistance or training.(5)
ABUSE INVESTIGATIONS.(a)
When abuse is alleged or death of an individual has occurred and a law enforcement agency, the Department, or CDDP has determined to initiate an investigation, the Brokerage may not conduct an internal investigation without prior authorization from the Department. For the purposes of this rule, an “internal investigation” is defined as:(A)
Conducting interviews with the alleged victim, witness, the accused person, or any other person who may have knowledge of the facts of the abuse allegation or related circumstances;(B)
Reviewing evidence relevant to the abuse allegation, other than the initial report; or(C)
Any other actions beyond the initial actions of determining:(i)
If there is reasonable cause to believe that abuse has occurred;(ii)
If the alleged victim is in danger or in need of immediate protective services;(iii)
If there is reason to believe that a crime has been committed; or(iv)
What, if any, immediate personnel actions must be taken.(b)
Upon completion of the abuse investigation by the Department, CDDP, or a law enforcement agency, a Brokerage may conduct an investigation without further Department approval to determine if any other personnel actions are necessary.
Source:
Rule 411-340-0050 — Inspections and Investigations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-340-0050.