Or. Admin. Code § 411-360-0210 - Inspections and Abuse Investigations
(1) The Department conducts an inspection of
an AFH-DD:
(a) Prior to the issuance of an
AFH-DD license;
(b) Prior to the
annual renewal of an AFH-DD license;
(c) Upon receipt of an oral or written
complaint of violations that threaten the health, safety, or welfare of
individuals; or
(d) Anytime the
Department has probable cause to believe that an AFH-DD violated a regulation
or provision of these rules or is operating without an AFH-DD
license.
(2) The
Department may conduct inspections of an AFH-DD:
(a) Anytime inspections are authorized by
these rules and any other time the Department considers an inspection necessary
to determine if an AFH-DD is in compliance with these rules or with conditions
placed upon the license of the AFH-DD;
(b) To determine if cited deficiencies have
been corrected; and
(c) For the
purpose of monitoring an individuals' care and services.
(3) State or local fire inspectors must be
permitted access to inspect an AFH-DD for fire safety upon request of the
Department.
(4) Department staff
must have full access and authority to:
(a)
Examine the physical premises of the AFH-DD including the buildings, grounds,
equipment, and any vehicles; and
(b) Examine and copy facility, individual,
and account records (as applicable).
(5) Department staff has authority to
interview the provider, resident manager, caregivers, and individuals.
Interviews are conducted in private and are confidential except as considered
public record under ORS
430.763.
(6) Providers must authorize resident
managers and substitute caregivers to permit entrance by Department staff for
the purpose of inspection and investigation.
(7) Department staff has authority to conduct
inspections with or without advance notice to the provider, substitute
caregiver, or an individual of the AFH-DD. The Department may not give advance
notice of any inspection if the Department believes that advance notice may
obstruct or seriously diminish the effectiveness of the inspection or
enforcement of these rules.
(8) The
inspector must respect the private possessions and living area of individuals,
providers, and caregivers while conducting an inspection.
(9) A copy of the inspection report must be
given to the licensee within 10 working days of completion of the final
report.
(10) Completed reports on
inspections, except for confidential information, are available to the public
during business hours, upon request of the Department.
(11) ABUSE INVESTIGATIONS.
(a) The Department investigates allegations
of abuse as defined in OAR
419-100-0010 for individuals
receiving services authorized or funded by the Department.
(b) When abuse is alleged or death of an
individual has occurred and a law enforcement agency or the Department has
determined to initiate an abuse investigation, the provider may not conduct an
internal investigation without prior authorization from the Department. For the
purpose of this section, an internal investigation is defined as:
(A) Conducting interviews of the alleged
victim, witness, the accused person, or any other person who may have knowledge
of the facts of the abuse allegation or related circumstances;
(B) Reviewing evidence relevant to the abuse
allegation other than the initial report; or
(C) Any other actions beyond the initial
actions of determining:
(i) If there is
reasonable cause to believe that abuse has occurred;
(ii) If the alleged victim is in danger or in
need of immediate protective services;
(iii) If there is reason to believe that a
crime has been committed; and
(iv)
What, if any, immediate personnel actions must be taken.
(c) When an abuse investigation
has been initiated, the Department must provide notice to the provider
according to OAR 419-100-0040.
(d) The Department conducts investigations as
described in OAR chapter 419, division 100.
(e) When an abuse investigation has been
completed, the outcome of the Abuse Investigation and Protective Services
Report is provided by the Department according to OAR
419-100-0080.
(f) NOTIFICATION OF SUBSTANTIATED ABUSE.
(A) When a provider receives notification of
a substantiated allegation of abuse, the provider must provide immediate
written notification:
(i) To the person found
to have committed abuse;
(ii) Each
individual of the AFH-DD;
(iii)
Each individual's services coordinator; and
(iv) Each individual's legal
representative.
(B) The
provider's written notification of a substantiated allegation of abuse must
include:
(i) The type of abuse as defined in
OAR 419-100-0010;
(ii) When the allegation was substantiated;
and
(iii) How to request a copy of
the Abuse Investigation and Protective Services Report.
(g) When a provider has been
notified of the completion of the abuse investigation, a provider may conduct
an internal investigation to determine if any other personnel actions are
necessary.
(h) According to OAR
419-100-0100, the sections of
the Abuse Investigation and Protective Services Report that are public records
and not exempt from disclosure under the public records law must be provided to
the provider upon completion of the Report. The provider must implement the
actions necessary within the deadlines listed to prevent further abuse as
stated in the Report.
(i)
RETALIATION. A provider may not retaliate against any person who reports in
good faith suspected abuse, or against the individual with respect to the
report. An accused person may not self-report solely for the purpose of
claiming retaliation.
(A) According to ORS
430.755, any provider who
retaliates against any person because of a report of suspected abuse or neglect
is liable in a private action to that person for actual damages and, in
addition, is subject to a penalty up to $1,000, not withstanding any other
remedy provided by law.
(B) Any
adverse action creates a presumption of retaliation if taken within 90 days of
a report of abuse. For the purpose of this section, "adverse action" means any
action taken by a community facility, community program, or person involved in
a report of suspected abuse against the person making the report or against the
individual because of the report. Adverse action may include but is not limited
to:
(i) Discharge or transfer from the AFH-DD,
except for clinical reasons;
(ii)
Discharge from or termination of employment;
(iii) Demotion or reduction in remuneration
for services; or
(iv) Restriction
or prohibition of access to the AFH-DD or the individuals served by the
AFH-DD.
(C) Adverse
action may also be evidence of retaliation after 90 days even though the
presumption of retaliation no longer applies.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 443.705 - 443.825
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