(1) The Department
furnishes each AFH-DD with a Complaint Notice. The Complaint Notice must be
posted in a conspicuous location in the AFH-DD, stating the telephone number of
the Department and the CDDP, and the procedure for making complaints.
(2) Any person who believes these
rules have been violated may file a complaint with the Department or CDDP.
(3) The Department investigates
any complaint regarding the AFH-DD.
Copies of all AFH-DD complaints are
maintained by the Department. All complaints and action taken on the complaint,
indexed by the name of the provider, must:
(a) Be placed into the public file at the
Department. (Information regarding the investigation of the complaint may not
be filed in the public file until the investigation has been completed);
(b) Protect the privacy of the
complainant and the individual; and
(c) Treat the names of the witnesses as
(5) Providers who receive substantiated
complaints pertaining to the health, safety, or welfare of individuals may have
their AFH-DD licenses suspended, revoked, or not renewed, or may have
conditions placed on the AFH-DD license.
The provider, resident manager, or
caregiver must not retaliate in any way against any individual after a
complaint has been filed with the Department. Retaliation may include but is
not limited to:
(a) Increasing charges;
(b) Decreasing care or services,
rights, or privileges;
Threatening to increase charges or decrease care or services, rights, or
(d) Taking or
threatening to take any action to coerce or compel the individual to leave the
(e) Abusing, harassing,
or threatening to harass or abuse an individual in any manner.
(7) A complainant, witness, or
caregiver of an AFH-DD must not be subject to retaliation by a provider or
resident manager for making a report, being interviewed about a complaint, or
being a witness. Retaliation may include but is not limited to caregiver
dismissal or harassment or restriction of access to either the AFH-DD or an
(8) Any person has the
right to inspect and receive a photocopy of the public complaint files,
including protective services files, maintained by the Department upon request
subject to the Department's procedures, ORS
192.505, and photocopy charges
for public record requests subject to federal and state confidentiality laws.