(1)Rules adopted by the Oregon Health Authority pursuant to ORS 443.085 (Home health services) and 443.340 (Rules) shall include procedures for the filing of complaints as to the care or services provided by home health agencies, in-home care agencies or caregiver registries that ensure the confidentiality of the identity of the complainant.
(2)An employee or contract provider with knowledge of a violation of law or rules of the authority shall use the reporting procedures established by the home health agency, in-home care agency or caregiver registry before notifying the authority or other state agency of the inappropriate care or violation, unless the employee or contract provider:
(a)Believes a client’s health or safety is in immediate jeopardy; or
(b)Files a complaint in accordance with rules adopted under subsection (1) of this section.
(3)Information obtained by the authority during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). Upon the conclusion of the investigation, the authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client of the home health agency, in-home care agency or caregiver registry. The authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a home health agency, in-home care agency or caregiver registry.
(4)As used in this section:
(a)“Caregiver registry” has the meaning given that term in ORS 443.014 (Definitions for ORS 443.014 to 443.105).
(b)“Home health agency” has the meaning given that term in ORS 443.014 (Definitions for ORS 443.014 to 443.105).
(c)“In-home care agency” has the meaning given that term in ORS 443.305 (Definitions for ORS 443.305 to 443.350). [2009 c.792 §19; 2009 c.792 §67; 2011 c.70 §17]
Section 443.355 — Complaint procedures; rules,