When an adverse health care incident occurs in a health care facility, a location operated by a health care facility, or outside a health care facility and the incident involves a health care provider, the health care facility, health care provider or employer of the health care provider, or a patient, may file a notice with the Commission in accordance with this rule. The filing of a notice enables the parties to engage in Early Discussion and Resolution.

1. (1) A notice may be filed with the Commission electronically, by telephone, or by submitting a written form prescribed by the Commission that contains the information described in sections (3) or (5) of this rule.

2. (2) A notice should not be filed with the Commission if:

   1. (a) The incident does not meet the definition of an adverse health care incident;
   2. (b) The adverse health care incident occurred before July 1, 2014;
   3. (c) The adverse health care incident occurred outside of Oregon;
   4. (d) The adverse health care incident did not involve at least one health care facility, location operated by a health care facility, or health care provider; or
   5. (e) The filer is an inmate as defined in ORS 30.642.

3. (3) A notice filed by a health care facility, a health care provider, or an employer of a health care provider must include, but is not limited to:

   1. (a) Incident date (this may be an approximation);
   2. (b) Incident location; and
   3. (c) Incident description.
4. (4) A notice filed by a health care facility or an employer of a health care provider shall not include the name of a health care provider.

5. (5) A notice filed by a patient must include, but is not limited to:

   1. (a) Patient name;
   2. (b) Patient date of birth;
   3. (c) Incident date (this may be an approximation);
   4. (d) Incident description;
   5. (e) Incident location; and
   6. (f) Adequate contact information for any health care facility or health care provider involved in the incident so the Commission may notify the facility or provider that a notice has been filed.

Statutory/Other Authority

Oregon Law 2013, Ch. 5, Secs. 2 & 9

Statutes/Other Implemented

Oregon Law 2013, Ch. 5, Secs. 2 & 9

History

PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14