Residential Care

ORS 443.453
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited


(1)

A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a resident of the facility to:

(a)

The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or

(b)

A family member, guardian, friend or other person who is acting on behalf of the resident.

(2)

Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents’ rights or carrying out a facility’s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a residential facility:

(a)

Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

(b)

Trains an employee or volunteer not to disclose the information; or

(c)

Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information.

(3)

The licensing agency may revoke or suspend the license of a residential facility that is found to have violated subsection (1) of this section.

(4)

The department shall adopt rules to carry out the provisions of this section.

(5)

This section does not authorize the disclosure of:

(a)

Protected health information, as defined in ORS 192.556 (Definitions for ORS 192.553 to 192.581), other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) or by other state or federal laws limiting the disclosure of health information; or

(b)

Information protected under ORS 419A.255 (Maintenance) and 419A.257 (Reports and materials privileged). [2019 c.381 §4]
Note: 443.453 (Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited) applies to statements or conduct occurring on or after January 1, 2020. See section 22, chapter 381, Oregon Laws 2019.
§§ 443.400 to 443.455

Atty. Gen. Opinions

Licensing nursing homes for mentally retarded under licensing provisions of residential facilities, (1978) Vol 39, p 1


Source

Last accessed
Jun. 26, 2021