Or. Admin. Code § 411-020-0030 - Confidentiality

(1) Oregon and federal statutes provide for the confidentiality of the identity of certain individuals and information obtained as a result of an APS intervention. Confidentiality of information is critical to protect the privacy of individuals, to encourage the reporting of abuse and self-neglect, and to facilitate obtaining information.

(2) All information involving investigations that do not involve allegations against regulated providers is confidential, except for disclosure of the conclusion under OAR 411-020-0100(7), and may be disclosed only by judicial process, as required by specific exceptions under state and federal law, or with the consent of the victim. No names may be released without the consent of the individual named except as provided in section (5) of this rule.

(3) If an investigation involves a regulated provider, the following provisions apply:

(a) Information and records regarding the report of alleged abuse and subsequent findings may be made available internally to the appropriate regulating authority upon request or by operational procedures.

(b) Redacted copies of investigations involving regulated providers may also be made available to the provider and alleged perpetrator when the investigation is the basis for regulatory action or when providing the information to the provider is necessary for safety or protective purposes.

(c) Redacted copies of investigations involving APD-licensed facilities may be made available to the general public upon request or by operational procedures.

(d) Any disclosures of APS information and reports involving regulated providers must comply with applicable State and Federal confidentiality and privacy laws.

(4) The Department shall make the APS report and underlying investigatory materials available to the protection and advocacy system designated by ORS 192.517, e.g. Disability Rights Oregon, when the alleged victim is an individual with a disability or mental illness as identified by ORS 192.517.

(5) Where the law and the Department deem appropriate, for the purpose of furthering a protective service, when it is necessary to prevent or treat abuse, or when deemed to be in the best interest of an alleged victim, the names of the alleged victim, witnesses (other than the reporter except as expressly permitted below), any investigative report, and any records compiled during an investigation, may be made available to:

(a) Any law enforcement agency, to which the name of the reporter may also be made available.

(b) An agency that licenses or certifies a facility where the alleged abuse occurred, or licenses or certifies the individual who practices there.

(c) A public agency that licenses or certifies an individual that has abused or is alleged to have abused an older adult.

(d) The Long-Term Care Ombudsman.

(e) Any governmental or private non-profit agency providing Adult Protective Services to the alleged victim when that agency meets the confidentiality standards of ORS 124.090, including any federal law enforcement agency that has jurisdiction to investigate or prosecute for abuse defined in these rules, including, but not limited to, the Federal Bureau of Investigation (FBI), the Federal Trade Commission, or the Federal Offices of Inspector General.

(f) An MDT as described in OAR 411-020-0025.

(g) A court, pursuant to court order, to which the name of the complainant may also be made available as required by the court order.

(h) An administrative law judge in an administrative proceeding when necessary to provide protective services, investigate, prevent, or treat abuse of an older adult or when in the best interest of an older adult.

(i) The Oregon Public Guardian as required by ORS chapter 125.

(j) A court or petitioning attorney pursuant to ORS 125.012 (guardians and conservators).

(6) The Department shall limit the use and disclosure of APS reports and information to that which is reasonably necessary to accomplish the intended purpose of the disclosure.

(7) Recipients of information disclosed under section (4) of this rule must maintain the confidentiality of the information as required by Oregon statute unless superseded by other state or federal law.

Notes

Or. Admin. Code § 411-020-0030

SSD 5-1994, f. & cert. ef. 11-15-94; SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05; SPD 10-2006, f. 3-23-06, cert. ef. 4-1-06; SPD 21-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 7-2012(Temp), f. & cert. ef. 6-1-12 thru 11-28-12; SPD 15-2012, f. & cert. ef. 11-28-12; APD 37-2014, f. 11-24-14, cert. ef. 1/1/2015; APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018; APD 44-2018, amend filed 12/27/2018, effective 12/27/2018

Statutory/Other Authority: ORS 124.055124.065, 124.070, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, 443.450, 443.765, 443.767, 45 CFR 164.512(j)

Statutes/Other Implemented: ORS 124.020, 124.050 - 124.095, 125.012, 125.683, 192.355, 192.517, 409.010, 410.020, 410.040, 410.070, 410.150, 411.060, 411.116, 443.769, Oregon Laws 2013 Chapter 352 & 45 CFR 164.512(j)