Or. Admin. Code § 333-536-0043 - Investigations

(1) An unannounced complaint investigation shall be carried out as soon as practicable and may include, but is not limited to:

(a) Interviews of the complainant, caregivers, clients, a client's representative, a client's family members, witnesses, and agency management and staff;

(b) On-site observations of the client(s), staff performance, client environment; and

(c) Review of documents and records.

(2) Should the complaint allegation represent an immediate threat to the health or safety of a client, the Authority shall notify appropriate authorities to ensure a client's safety, and an investigation shall be commenced within two working days.

(3) An agency shall permit Authority staff access to the agency during an investigation.

(4) An agency shall cooperate with investigations of allegations of client abuse and neglect conducted by the ODHS- Adult Protective Services, ODHS-Child Protective Services, Authority, or other agencies such as law enforcement.

(5) Information obtained by the Authority during an investigation of a complaint or reported violation is confidential and not subject to public disclosure under ORS 192.410 through 192.505. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client at the agency. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an agency and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board.

Notes

Or. Admin. Code § 333-536-0043

PH 10-2012, f. 6-26-12, cert. ef. 7-1-12; PH 26-2021, amend filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 443.340

Statutes/Other Implemented: ORS 443.315 & 443.340