1. (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation as to the care or services provided by an agency or violations of in-home care agency laws or regulations.
2. (2) The identity of a person making a complaint and any personally identifiable information, as that is defined in ORS 432.005, is confidential and not subject to disclosure under ORS 192.311 to 192.478.
3. (3) Upon conclusion of an 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 of an agency. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an agency.

4. (4) An employee with knowledge of a violation of law or rules of the Authority shall use the reporting procedures established by an agency before notifying the Authority or other state agency of the inappropriate care or violation, unless the employee:

   1. (a) Believes a client’s health or safety is in immediate jeopardy; or
   2. (b) Files a complaint in accordance with section (1) of this rule.
5. (5) If a complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Authority shall refer the matter to that agency.

Statutory/Other Authority

ORS 443.340

Statutes/Other Implemented

ORS 443.315, 443.340 & 443.355

History

PH 26-2021, amend filed 06/29/2021, effective 07/01/2021
PH 10-2012, f. 6-26-12, cert. ef. 7-1-12