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

Current through early 2024

§ 443.388’s source at oregon​.gov