OAR 943-045-0480
Disclosure of Investigation Report and Related Documents
(1)
Investigation reports prepared by OIT are subject to the following:(a)
Portions of the abuse investigation report and investigatory documents are confidential and not available for public inspection. Pursuant to ORS 430.763 (Confidentiality of records), names of persons who make reports of abuse, witnesses, and the alleged abuse victim are confidential and shall not be available for public inspection. Investigatory documents, including portions of the abuse investigation report that contains “Individually identifiable health information”, as that term is defined under ORS 192.519 and 45 CFR160.103, are confidential under HIPAA privacy rules, 45 CFR Part 160 and 164, and ORS 192.520 and 179.505 (Disclosure of written accounts by health care services provider) to 509.(b)
Notwithstanding subsection (a) of this rule, the Authority and OIT shall make the confidential information, including any photographs, available, if appropriate, to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses or certifies the persons practicing therein, and to any public agency providing protective services for the adult. The Authority and OIT shall also 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).(c)
Persons or entities receiving confidential information pursuant to this rule must maintain the confidentiality of the information and may not redisclose the confidential information to unauthorized persons or entities, as required by state or federal law.(d)
When the report is completed, a redacted version of the abuse investigation report not containing any confidential information, the disclosure of which would be prohibited by state or federal law shall be available for public inspection.(2)
The OIT report shall be disclosed by OIT or the Superintendent to:(a)
The Director of the Division and(b)
Any person designated by the Superintendent for purposes related to the proper administration of the state hospital such as assessing patterns of abuse or to respond to personnel actions and may be disclosed in the Superintendent’s discretion;(c)
The individual involved;(d)
The guardian of an adjudicated incapacitated person; and(e)
The person who allegedly abused the individual.(3)
Copies of all reports shall be maintained by the Superintendent separate from employee personnel files. The chart of the individual allegedly abused must contain a reference to the report sufficient to enable authorized persons to retrieve and review the report.
Source:
Rule 943-045-0480 — Disclosure of Investigation Report and Related Documents, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0480.