1. (1) Effective January 1, 2020, OAR chapter 419, division 130 establishes the Oregon Department of Human Services (ODHS) Office of Training, Investigations and Safety (OTIS) rules for investigating and assessing the provision of protective services related to allegations of abuse of adults receiving residential treatment services for a substance use disorder (SUD) from a facility licensed by the Oregon Health Authority (OHA).
2. (2) OTIS shall conduct thorough and unbiased investigations to make abuse findings and assess protective services in coordination with the Oregon Health Authority (OHA) Behavioral Health Division (BHD) as an evaluation of resident health and safety in SUD residential treatment services.
3. (3) These rules also describe the procedures to provide an accused person or provider (AP) with a Department administrative review of a substantiated abuse finding determined upon closure of an investigation opened under these rules, prior to issuing a final order.

4. (4) OTIS shall follow the requirements in these rules and ORS 430.735 through 430.765. When state law and code of federal regulations (CFR) conflict related to confidentiality of SUD patient-identifying information records (42 CFR, Part 2, Oct. 1, 2018), the Department and OHA shall defer to federal law. Of note:

   1. (a) OTIS may receive and share Part 2 patient-identifying information and records from BHD regulated SUD residential treatment facilities as described in (2) of this rule for evaluating serious events as part of screening for possible abuse investigation;
   2. (b) OTIS may not use or re-disclose Part 2 patient-identifying information received during investigations unless a specific written patient release of records is obtained; and
   3. (c) OTIS shall securely retain all Part 2 SUD patient-identifying information and records received in (a) and (b) in accordance to the retention schedule established by the Department for abuse investigation reports.

Statutory/Other Authority

ORS 409.010, ORS 430.731, 409.050 & 413.085

Statutes/Other Implemented

ORS 430.731, 430.205, 42 CFR, Part 2, Oct. 1, 2018, 430.735 - 430.765, 443.400 - 443.455, 430.256, 430.210, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640

History

OTIS 63-2024, minor correction filed 12/04/2024, effective 12/04/2024
OTIS 116-2023, minor correction filed 12/01/2023, effective 12/01/2023
DHS 7-2023, renumbered from 407-045-1000, filed 12/01/2023, effective 12/01/2023
DHS 14-2022, minor correction filed 04/29/2022, effective 04/29/2022
DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020