Or. Admin. Code § 114-005-0040 - Confidentiality of Records
(1) The identity
of residents, complaints or person providing information on behalf of the
resident or complainant shall be confidential and shall not be disclosed unless:
(a) The resident or resident's legal
representative gives written consent that the resident's identity may be
disclosed and specifies to whom the disclosure may be made;
(b) The complainant or the complainant's legal
representative gives written consent that the complainant's identity may be
disclosed and specifies to whom the disclosure may be made;
(c) The person providing information on behalf
of the resident or complainant gives written consent which states that the
person's identity may be disclosed and specifies to whom the disclosure may be
made; or
(d) A court orders
disclosure.
(2) No
Ombudsman or designee who gains access to a resident's records shall discuss or
disclose information in the records or disclose the identity of a resident, a
complainant or a person providing information on behalf of a resident to any
person not associated with the Ombudsman Program unless the conditions of section
(1) of this rule are met.
(3)
Information obtained by the Ombudsman Program may be used by the Ombudsman
Program for the preparation and disclosure of statistical, case study, or other
data provided that the identities of specific individuals are not
disclosed.
Notes
Stat. Auth.: ORS 441
Stats. Implemented:
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