Or. Admin. Code § 114-005-0030 - Access to Records
(1) The Ombudsman or
designees shall have access to any resident's records with the written
authorization of the resident or the resident's legal guardian. If the resident
has no legal guardian and is unable to consent, the Office of the Long Term Care
Ombudsman may subpoena the resident's records for the purpose of complaint
investigation and resolution.
(2) The
Ombudsman and designee shall have access to long term care facility records that
relate to an investigation. Such records include:
(a) Incident reports;
(b) Staff plans;
(c) Survey inspection reports;
(d) Time Cards;
(e) Facility licenses;
(f) Staff licenses; and
(g) Employee schedules.
(3) When the Ombudsman or designee is
investigating a complaint and is refused access to records authorized by this
rule, the Office of the Long Term Care Ombudsman may issue a subpoena which
requires a person to appear to give testimony or to produce documents. If a
person fails to comply with the subpoena, the Office of the Long Term Care
Ombudsman may request a court to take appropriate action.
Notes
Stat. Auth.: ORS 441
Stats. Implemented:
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