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.
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
CONFIDENTIALITY. The licensee
must protect the residents' personal health and all other confidential
information according to OAR 411-050-0730
(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.
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.
Have a back-up system to protect the electronic records in the event of power
outages, system problems, or other problems.
Be compliant with applicable privacy and
confidentiality laws according to OAR 411-050-0730
(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.
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.
Or. Admin. R.
19-2019, adopt filed 06/20/2019, effective
Statutory/Other Authority: ORS
& 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790,
Statutes/Other Implemented: ORS
197.660 - 197.670,
409.050, 410.070, 413.085, 441. 373 & 443.001 - 443.004, 443.705 - 443.825,