Oregon Statutes 741.510 – Confidential information; public officer privilege; permitted uses of confidential information
(1) Except as provided in subsection (3) of this section, documents, materials or other information that is in the possession or control of the Oregon Health Authority for the purpose of carrying out ORS § 741.002, 741.310 and 741.500 or complying with federal health insurance exchange requirements, and that is protected from disclosure by state or federal law, remains confidential and is not subject to disclosure under ORS § 192.311 to 192.478 or subject to subpoena or discovery or admissible into evidence in any private civil action in which the authority is not a named party. The authority may use confidential documents, materials or other information without further disclosure in order to carry out the duties described in ORS § 741.002, 741.310 and 741.500 or to take any legal or regulatory action authorized by law.
Terms Used In Oregon Statutes 741.510
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
(2) Documents, materials and other information to which subsection (1) of this section applies is subject to the public officer privilege described in ORS § 40.270.
(3) The Director of the Oregon Health Authority may:
(a) Authorize the sharing of confidential documents, materials or other information that is subject to subsection (1) of this section within the authority and subject to any conditions on further disclosure, for the purpose of carrying out the duties and functions of the authority under ORS § 741.002, 741.310 and 741.500 or complying with federal health insurance exchange requirements.
(b) Authorize the sharing of confidential documents, materials or other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS § 192.345 or 192.355 with other state or federal health insurance exchanges or regulatory authorities, the Department of Consumer and Business Services, the Department of Revenue, law enforcement agencies and federal authorities, if required or authorized by state or federal law and if the recipient agrees to maintain the confidentiality of the documents, materials or other information.
(c) Receive documents, materials or other information, including documents, materials or other information that is otherwise confidential, from other state or federal health insurance exchanges or regulatory authorities, the Department of Consumer and Business Services, the Department of Revenue, law enforcement agencies or federal authorities. The authority shall maintain the confidentiality requested by the sender of the documents, materials or other information received under this section as necessary to comply with the laws of the jurisdiction from which the documents, materials or other information was received and originated.
(4) The disclosure of documents, materials or other information to the authority under this section, or the sharing of documents, materials or other information as authorized in subsection (3) of this section, does not waive any applicable privileges or claims of confidentiality in the documents, materials or other information.
(5) This section does not prohibit the authority from releasing to a database or other clearinghouse service maintained by federal authorities a final, adjudicated order, including a certification, recertification, suspension or decertification of a qualified health plan under ORS § 741.002, if the order is otherwise subject to public disclosure. [2011 c.415 § 15; 2015 c.3 § 31; 2021 c.569 § 32]
[1963 c.349 § 1; repealed by 1967 c.359 § 704]