ORS 443.394
Procedures to maintain confidentiality

(1)

Intentionally left blank —Ed.

(a)

As used in this section, “authorized representative” means an individual who:

(A)

Is authorized to represent a resident of a residential facility in legal proceedings;

(B)

Has a power of attorney for a resident; or

(C)

Is authorized by court order to act on behalf of a resident.

(b)

“Authorized representative” of a resident does not include an individual accused or suspected of abusing or harming the resident.

(2)

The Residential Facilities Ombudsman shall establish procedures to maintain the confidentiality of the records and files of residents. The procedures must meet the following requirements:

(a)

The ombudsman or a designee may not disclose, except to state agencies or law enforcement, the identity of any resident or individual acting on behalf of a resident without the consent of the resident or the legal representative of the resident.

(b)

The identity of any resident or individual providing information on behalf of the resident shall be confidential.

(3)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, the Residential Facilities Ombudsman, designee or staff of the ombudsman may not be compelled to:

(A)

Testify or to produce documents to any third party, including in any judicial or administrative proceeding, arising from a complaint concerning a resident received by the ombudsman; or

(B)

Disclose, through discovery, subpoena or other means of legal compulsion, any memoranda, work product, notes or case file materials in the possession of the ombudsman, designee or staff related to a complaint concerning a resident received by the ombudsman.

(b)

Except as provided in paragraph (c) of this subsection, the ombudsman, designee or staff of the ombudsman may disclose information arising from a complaint concerning a resident received by the ombudsman if:

(A)

The ombudsman, designee or staff personally witnessed a felony related to the complaint;

(B)

The ombudsman, designee or staff receives a complaint of imminent risk of serious harm to one or more residents;

(C)

Except for records protected or exempt from disclosure by federal or state law, a resident or the resident’s authorized representative requests a copy of the memoranda, work product, notes or case file materials arising from a complaint alleging harm or abuse against the resident;

(D)

The resident or the resident’s authorized representative requests the ombudsman, designee or staff to authenticate a record contained in the resident’s case file;

(E)

A law enforcement agency is pursuing a criminal charge arising from or related to the complaint;

(F)

The information is about the general operation of the facilities ombudsman program, general processes employed by the ombudsman or statistical or other reports about the program that do not disclose information about an individual complaint; or

(G)

A court of competent jurisdiction enters an order compelling the ombudsman to disclose information after making explicit findings that:
(i)
The information is essential to litigating an ongoing criminal or civil matter;
(ii)
The information cannot be obtained from any other source; and
(iii)
Disclosure of the information will be limited or redacted in such a way as to minimize unnecessary disclosure of confidential information or information that would tend to identify a confidential complainant.

(c)

Records, as defined in ORS 192.515 (Definitions for ORS 192.515 and 192.517), memoranda, work product, notes, case files or any other material provided by the ombudsman, designee or staff of the ombudsman by the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) may not be disclosed by the ombudsman, designee or staff of the ombudsman and are not subject to discovery, subpoena or other means of legal compulsion. [2017 c.441 §8; 2021 c.319 §1]
Note: See note under 443.380 (Definitions for ORS 443.380 to 443.394).

Source: Section 443.394 — Procedures to maintain confidentiality, 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

§ 443.394’s source at oregon​.gov