(1) As used in this section:

(a) ‘Caregiver registry’ has the meaning given that term in ORS § 443.014.

(b) ‘Home health agency’ has the meaning given that term in ORS § 443.014.

(c) ‘Hospice program’ has the meaning given that term in ORS § 443.850.

(d) ‘In-home care agency’ has the meaning given that term in ORS § 443.305.

(e) ‘Public entity’ means:

(A) A health professional regulatory board or licensing agency or a board or agency of this state or another state with regulatory or enforcement functions similar to the functions of a health professional regulatory board in this state;

(B) A district attorney;

(C) The Department of Justice;

(D) A state or local public body of this state that licenses, franchises or provides emergency medical services;

(E) A state or federal agency that disburses public funds;

(F) A law enforcement agency of this state or another state; or

(G) A law enforcement agency of the federal government.

(2) Rules adopted by the Oregon Health Authority pursuant to ORS § 443.085, 443.340 and 443.860 shall include procedures for the filing of complaints as to the care or services provided by home health agencies, in-home care agencies, hospice programs or caregiver registries that ensure the confidentiality of the identity of the complainant.

(3) An employee or contract provider with knowledge of a violation of law or rules of the authority shall use the reporting procedures established by the home health agency, in-home care agency, hospice program or caregiver registry before notifying the authority or other state agency of the inappropriate care or violation, unless the employee or contract provider:

(a) Believes a client’s health or safety is in immediate jeopardy; or

(b) Files a complaint in accordance with rules adopted under subsection (2) of this section.

(4) Except as provided in subsection (5) of this section, 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 192.478. 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 client of the home health agency, in-home care agency, hospice program or caregiver registry. The authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a home health agency, in-home care agency, hospice program or caregiver registry.

(5)(a) Information obtained by the authority during an investigation of a complaint or reported violation under this section that reasonably relates to the regulatory or enforcement function of another public entity may be disclosed by the authority to the other public entity.

(b) Any public entity that receives information pursuant to paragraph (a) of this subsection shall take all reasonable steps to maintain the confidentiality of the information, except that the public entity may use or disclose the information to the extent necessary to carry out the public entity’s regulatory or enforcement functions. [Formerly 443.355]

443.013 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

HOME HEALTH CARE PROVIDERS