(1)If a complaint is made on behalf of a resident who has limited or no decision-making capacity and is unable to communicate consent for the Residential Facilities Ombudsman to investigate the complaint, and:
(a)The resident has no known legal representative:
(A)The ombudsman shall seek to discern the outcome that the resident desires and shall work to accomplish that outcome; or
(B)If the ombudsman is unable to discern the resident’s desired outcome, it shall be assumed that the resident desires to have the resident’s health, safety, welfare and rights protected; or
(b)The resident has a legal representative who refuses to provide consent to the investigation, the ombudsman may proceed without consent if the ombudsman has reasonable cause to believe that it is in the resident’s best interests.
(2)A resident shall have the right to refuse to communicate with the ombudsman or the designee. The refusal shall be made directly to the ombudsman or the designee and not through an intermediary.
(3)Following an investigation of a complaint, the Residential Facilities Ombudsman or a designee shall report the ombudsman’s findings and conclusions to the resident who made the complaint and to a complainant acting on behalf of a resident. If the ombudsman or designee finds conditions threatening the health, safety or welfare of a resident that cannot be resolved informally, the ombudsman or designee shall refer the findings to the Department of Human Services, the Oregon Health Authority or law enforcement officials.
(4)A resident shall have the right to participate in planning any course of action to be taken on behalf of the resident by the ombudsman or the designee.
(5)A resident or an individual who makes a complaint to the Residential Facilities Ombudsman under this section, or who participates in an investigation of a complaint, may not be subjected to a penalty, sanction or restriction or be denied any right, privilege or benefit on account of making the complaint or participating in the investigation of the complaint.
(6)The Department of Human Services shall prohibit retaliation or reprisals by a residential facility or other entity with respect to any resident, employee or other person who files a complaint, provides information or otherwise cooperates with the Residential Facilities Ombudsman or a designee and shall provide by rule for appropriate sanctions with respect to the retaliation and reprisals.
(7)In order to encourage residents and individuals acting on behalf of residents to communicate with the Residential Facilities Ombudsman or designee, any resident or individual acting on behalf of a resident who makes a complaint to the Residential Facilities Ombudsman in good faith under this section or who participates in an investigation of a complaint shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the communication. [2017 c.441 §6]
Section 443.390 — Complaints,