ORS 443.388
Authority of ombudsman and designees

  • confidentiality agreements

(1)

The Residential Facilities Ombudsman and each designee shall:

(a)

Have private and unimpeded access to residential facilities and residents at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of:

(A)

Investigating and resolving complaints made by or on behalf of residents, including by subpoenaing any person to appear and give sworn testimony or to produce documentary or other evidence that is reasonably material to the matter under investigation;

(B)

Offering the services of the ombudsman or the designee to any resident, in private;

(C)

Interviewing residents, with their consent, in private;

(D)

Interviewing employees or agents of the facility;

(E)

Consulting regularly with the facility administration; and

(F)

Providing other services authorized by law or by rule.

(b)

Notwithstanding ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information), have access to all of the following if necessary to investigate a complaint:

(A)

Residents’ records, including medical records with the consent of a resident or a resident’s representative.

(B)

For a resident who is unable to communicate consent and the resident’s legal representative denies consent, access to the resident’s records without consent if the ombudsman has reasonable cause to believe that the legal representative is not acting in the resident’s best interests.

(C)

For a resident who is unable to communicate consent and does not have a legal representative, access to the resident’s records, including medical records, without consent if the ombudsman or designee believes that the information is necessary for the investigation of the complaint.

(D)

Records of any public agency, including abuse reports maintained under ORS 430.757 (Reports of abuse to be maintained by Department of Human Services).

(c)

Have access to, upon request, copies of all licensing and certification records, including records of corrective actions, maintained by the Department of Human Services or the Oregon Health Authority with respect to residential facilities.

(d)

Have access to the administrative records, policies and documents of residential facilities to which residents or the general public has access.

(e)

Conduct each investigation in a manner that does not significantly disrupt the provision of residential care or treatment to residents.

(f)

Show identification to the person in charge of a facility prior to entering the facility.

(2)

The Residential Facilities Ombudsman shall enter into confidentiality agreements with the department and with the authority permitting the ombudsman and each designee to have access to electronic records of the department and the authority that are necessary to carry out the duties of the ombudsman. The agreement must ensure that records obtained by the ombudsman from the department or the authority that are confidential, privileged or otherwise protected from disclosure are not further disclosed, except as permitted by state and federal law. [2017 c.441 §5]
Note: See note under 443.380 (Definitions for ORS 443.380 to 443.394).

Source: Section 443.388 — Authority of ombudsman and designees; confidentiality agreements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html.

443.001
Quality Care Fund
443.002
Providers with multiple facilities
443.004
Criminal records check required for employees and volunteers providing direct care
443.006
Criminal background check registry
443.007
Disqualification of individuals found to have committed abuse
443.008
Fitness determinations
443.011
Training requirements for in-home care service providers
443.012
Disease outbreak and infection control training and protocols
443.014
Definitions for ORS 443.014 to 443.105
443.015
License required
443.019
Requirement for in-person site inspection
443.025
Hospitals exempt from certain requirements if standards are met
443.035
License fees
443.045
Denial, suspension and revocation of licenses
443.055
Governing body of home health agencies
443.065
General requirements for home health agencies
443.075
Services and supplies prescribed by physician, naturopathic physician, physician assistant or nurse practitioner
443.085
Home health services
443.090
Exemption from in-home care agency licensing requirements
443.095
Applicability of laws to domestic service
443.100
License required for caregiver registry
443.105
Caregiver registries
443.205
Definitions for ORS 443.215 and 443.225
443.215
Policy
443.225
Location and capacity of domiciliary care facilities
443.305
Definitions for ORS 443.305 to 443.350
443.315
License required
443.325
Grounds for denial, suspension or revocation of license
443.327
Injunctive relief
443.340
Rules
443.345
Disposition of moneys
443.350
Applicability
443.355
Complaint procedures
443.370
Definitions for ORS 443.370 to 443.376
443.373
Registration to provide long term care referrals
443.376
Duties of referral agents
443.378
Housing with services projects
443.380
Definitions for ORS 443.380 to 443.394
443.382
Residential Facilities Ombudsman
443.384
Agencies to provide information and support
443.386
Designees of ombudsman
443.388
Authority of ombudsman and designees
443.390
Complaints
443.392
Notice of complaint procedures
443.394
Procedures to maintain confidentiality
443.396
Gifts, grants and donations
443.400
Definitions for ORS 443.400 to 443.455
443.405
Exclusions from definition of “residential facility.”
443.410
Single license required
443.415
License applications
443.416
Inspection of facilities
443.417
Annual kitchen inspection
443.419
License revocations, suspensions or conditions
443.420
Qualifications for license
443.421
Revocation and suspension of licenses
443.422
Siting of licensed residential facilities
443.424
Expansion of capacity of residential care facilities and adult foster homes
443.425
License term
443.430
Transferability of license
443.431
Conversion facilities
443.432
Acuity-based staffing tool
443.433
Direct care staff training in dementia care
443.434
Staffing data
443.436
Enhanced oversight and supervision program
443.439
Increases in compensation of direct support professionals
443.441
Assessment of sufficient numbers of direct care staff
443.443
Information provided upon application for admission
443.444
Information provided upon admission
443.445
Persons admissible at facilities and homes
443.446
Residential Care Quality Measurement Program
443.447
Quality Measurement Council
443.448
Choice of prescription and nonprescription drugs and supplies
443.449
Prescription drug packaging
443.450
Rules
443.452
Waiver procedure
443.453
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.455
Civil penalties
443.460
Exemptions
443.465
Secure residential treatment homes and facilities
443.480
Definitions for ORS 443.480 to 443.500
443.485
Registration required
443.490
Waiver of registration
443.495
Exemptions
443.500
Investigation of registered facilities
443.705
Definitions for ORS 443.705 to 443.825
443.715
Exclusions from definition of “adult foster home.”
443.720
Findings of Legislative Assembly
443.725
License required
443.730
Information regarding substitute caregivers required
443.733
Collective bargaining
443.734
Adult foster home license classifications
443.735
Issuance of license
443.738
Educational standards for providers, managers and caregivers
443.739
Rights of residents
443.740
Information on licensed adult foster homes
443.742
Annual continuing education requirements
443.743
Training in dementia care
443.745
Denial, suspension or revocation
443.755
Entry and inspection of homes
443.760
Application of single family dwelling code requirements to home
443.762
Information provided upon admission
443.765
Complaint procedure
443.766
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.767
Investigation of complaint
443.769
Public disclosure of investigatory information
443.775
Rules
443.777
Prescription drug packaging
443.780
Exemption where county has licensing and inspection program
443.785
Admission of Medicaid recipients
443.790
Authority to impose civil penalty
443.795
Civil penalty
443.815
Judicial review of penalties
443.825
Disposition of penalties recovered
443.830
Definitions for ORS 443.830 and 443.835
443.835
Certificate required
443.850
Definitions for ORS 443.850 to 443.869
443.860
License required
443.861
Moneys to be deposited to Public Health Account
443.864
Suspension, revocation or denial of license
443.867
In-home care agency license not required for licensed hospice program to provide palliative care
443.869
Civil penalties
443.875
Notice of substantiated abuse
443.878
Psychotropic medications
443.880
Responsibilities of residential facility regarding property of resident
443.881
Transfer of property
443.886
Memory care endorsement required
443.887
Definitions
443.889
Use of acuity-based staffing tool
443.895
Exemption from ad valorem property taxation for certain facilities
443.991
Penalties
Green check means up to date. Up to date