Health Care Facilities

ORS 441.046
Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident

  • rules


(1)

A long term care facility may not interfere with the good faith disclosure of information by an employee or a volunteer concerning the abuse or mistreatment of a resident in the long term care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to:

(a)

The Long Term Care Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the long term care facility; or

(b)

A family member, guardian, friend or other person who is acting on behalf of the resident.

(2)

Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents’ rights or carrying out a facility’s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a long term care facility:

(a)

Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

(b)

Trains an employee or volunteer not to disclose the information; or

(c)

Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information.

(3)

The department may revoke or suspend the license of a long term care facility that is found to have violated subsection (1) of this section.

(4)

The department shall adopt rules to carry out the provisions of this section.

(5)

This section does not authorize the disclosure of protected health information, as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581), other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) or by other state or federal laws limiting the disclosure of health information. [2019 c.381 §2]
Note: Section 22, chapter 381, Oregon Laws 2019, provides:
Sec. 22. Sections 2 [441.046 (Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident)], 4, 6, 8, 11, 13, 16 and 19 of this 2019 Act apply to statements or conduct occurring on or after the effective date of this 2019 Act [January 1, 2020]. [2019 c.381 §22]
Note: 441.046 (Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident) was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


Source

Last accessed
Jun. 26, 2021