Or. Admin. R. 333-501-0010

Current through Register Vol. 63, No. 5, May 1, 2024

Section 333-501-0010 - Investigations

(1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Oregon Health Authority (Authority) staff will begin an investigation.

(2) A hospital shall permit Authority staff access to the facility during an investigation.

(3) An investigation may include but is not limited to:

(a) Interviews of the complainant, patients of the hospital, patient family members, witnesses, hospital management and staff;

(b) On-site observations of patients, staff performance, and the physical environment of the hospital; and

(c) Review of documents and records.

(4) In determining whether a violation has occurred under OAR 333-501-0020(8), the Authority will consider the facility name, advertising used, and related content.

(5) Except as otherwise specified in 42 CFR § 401, Subpart B, information obtained by the Authority during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.311 to 192.431. 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 patient at the health care facility. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a health care facility, 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.

Or. Admin. R. 333-501-0010

PH 11-2009, f. & cert. ef. 10-1-09; PH 26-2010, f. 12-14-10, cert. ef. 12-15-10; PH 26-2010, f. 12-14-10, cert. ef. 12-15-10; PH 31-2016, f. 11-14-16, cert. ef. 11/15/2016; PH 97-2018, minor correction filed 03/20/2018, effective 3/20/2018; PH 9-2023, minor correction filed 02/07/2023, effective 2/7/2023; PH 25-2024, minor correction filed 04/04/2024, effective 4/4/2024

Statutory/Other Authority: ORS 441.025

Statutes/Other Implemented: ORS 441.044