ORS 443.766
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited


(1)

An adult foster home 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 adult foster home, violations of licensing or certification requirements, criminal activity at the adult foster home, violations of state or federal laws or any practice that threatens the health and safety of a resident in the adult foster home 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 adult foster home; or

(b)

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

(2)

An adult foster home interferes with the disclosure of the information described in subsection (1) of this section by:

(a)

Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

(b)

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

(c)

Taking actions or communicating 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 an adult foster home that is found to have violated subsection (1) of this section.

(4)

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

(5)

This section does not authorize the disclosure of 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. [2019 c.381 §6]
Note: 443.766 (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.
Note: 443.766 (Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited) was added to and made a part of 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source
Last accessed
May. 15, 2020