Or. Admin. Code § 333-035-0230

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-035-0230 - Investigations

(1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Authority staff may conduct an unannounced complaint investigation.

(2) A hospice program shall permit Authority staff access to any location from which it is operating its program or providing services during an investigation.

(3) An investigation may include but is not limited to:

(a) Interviews of the complainant, caregivers, patients, a patient's representative, a patient's family members, witnesses, and hospice program management and staff;

(b) On-site observations of the patient(s), staff performance, or patient environment; and

(c) Review of documents and records.

(4) A hospice program shall timely make all requested documents and records available to the surveyor for review and copying.

(5) The hospice program shall cooperate with investigations of allegations of abuse and neglect conducted by the Oregon Department of Human Services (ODHS), Oregon Health Authority, Adult Protective Services, and other agencies such as law enforcement.

(6) Information obtained by the Authority during an investigation of a complaint or reported violation under this rule will not be disclosed unless required by law. Upon the conclusion of the investigation, except as otherwise specified in 42 CFR § 401, Subpart B, the Authority may publicly release a report of its findings. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a hospice program and may report information obtained during an investigation to a health professional licensing regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board.

Or. Admin. Code § 333-035-0230

PH 19-2010, f. 8-30-10, cert. ef. 9-1-10; PH 204-2022, renumbered from 333-035-0070, filed 11/18/2022, effective 11/18/2022; PH 6-2023, amend filed 01/27/2023, effective 1/27/2023

Statutory/Other Authority: ORS 443.860

Statutes/Other Implemented: ORS 443.860