Or. Admin. R. 411-050-0755 - Records - Availability

(1) ACCESS TO RESIDENT RECORDS. Resident records must be readily available at the AFH to:

(a) Residents, the residents' representatives or other legally authorized persons, all caregivers working in the home, and the Department, the LLA, the investigative authority, case managers, the Centers for Medicare and Medicaid Services (CMS), and Oregon Health Authority (OHA) for the purpose of conducting inspections or investigations.

(b) The State Long-Term Care Ombudsman must be provided access to all resident and facility records. A Deputy Ombudsman and Certified Ombudsman Volunteers must be provided access to facility records relevant to caregiving and resident records with written permission from the resident or the resident's representative. (See OAR 114-005-0030).

(2) CONFIDENTIALITY. The licensee must protect the residents' personal health and all other confidential information according to OAR 411-050-0730(5).

(3) RETENTION. Records, including any financial records for residents, must be kept for a period of three years from the date the resident left the home.

(4) ELECTRONIC. Electronic records may be used if the system complies with these rules. At a minimum, an electronic record system must:

(a) Have the capability to print the electronic records. All caregivers must be able to print records upon request by the Department.

(b) Have a back-up system to protect the electronic records in the event of power outages, system problems, or other problems.

(c) Be compliant with applicable privacy and confidentiality laws according to OAR 411-050-0730(5).

(d) Automatically identify any late entry and reflect the date and time of the late entry.

(e) Prevent alteration of any entries once they are made. Changes may be documented, but the system must automatically include the date and time of the change. The reason for any modification must be documented by the caregiver.

(f) Be password protected. The passwords for the electronic record system must be changed at least quarterly, and the password for the router must be changed at least every six months.

Notes

Or. Admin. R. 411-050-0755

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790, 443.880

Statutes/Other Implemented: ORS 197.660 - 197.670, 409.050, 410.070, 413.085, 441. 373 & 443.001 - 443.004, 443.705 - 443.825, 443.875, 443.991