OAR 943-045-0330
Disclosure of the Abuse or Mistreatment Investigation and Protective Services Report and Related Documents
(1)
Portions of the abuse or mistreatment investigation and protective services report and underlying investigatory documents are confidential and are not available for public inspection. Pursuant to ORS 430.763 (Confidentiality of records), names of abuse or mistreatment reporters, witnesses, and the alleged abuse or mistreatment victim are confidential and shall not be available for public inspection. Investigatory documents, including portions of the abuse or mistreatment investigation and protective services report that contains “individually identifiable health information,” as that term is defined under ORS 192.519 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 192.520 and 179.505 (Disclosure of written accounts by health care services provider)-179.509 (Reports on deaths at institutions).(2)
Notwithstanding section (1) of this rule, the Authority shall make confidential information available, including any photographs if appropriate, to any law enforcement agency, public agency that licenses or certifies facilities or licenses or certifies the individuals practicing therein, and any public agency providing protective services for the adult. The Authority shall make the protective services 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 maintain the confidentiality of the information and shall not redisclose the confidential information to unauthorized individuals or entities, as required by state or federal law.(4)
The community program shall prepare a redacted version of the final completed abuse or mistreatment investigation report within 10 days after the date of the final report. The redacted report shall not contain any confidential information which is prohibited from disclosure pursuant to state or federal law. The redacted report shall be submitted to the provider agency.(5)
The community program shall provide a redacted version of the written report to the public for inspection upon written request.(6)
When the abuse or mistreatment investigation and protective services report is conducted by a community program as the Authority’s designee, the protective services investigation may be disclosed pursuant to this rule either by the community program or the Authority.
Source:
Rule 943-045-0330 — Disclosure of the Abuse or Mistreatment Investigation and Protective Services Report and Related Documents, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0330.