(a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the residential facility; or
(b) A family member, guardian, friend or other person who is acting on behalf of the resident.
(2) Unless performed with the intent to comply with state or federal law, including but not limited to protecting residents’ rights or carrying out a facility’s policies and procedures that are consistent with state and federal law, it is interference with the disclosure of information as described in subsection (1) of this section if a residential facility:
(a) Asks or requires the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;
(b) Trains an employee or volunteer not to disclose the information; or
(c) Takes actions or communicates to the employee or volunteer that the employee or volunteer may not disclose the information.
(3) The licensing agency may revoke or suspend the license of a residential facility that is found to have violated subsection (1) of this section.
(4) The department shall adopt rules to carry out the provisions of this section.
(5) This section does not authorize the disclosure of:
(a) Protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information; or
(b) Information protected under ORS 419A.255 and 419A.257. [2019 c.381 §4]
Note: 443.453 applies to statements or conduct occurring on or after January 1, 2020. See section 22, chapter 381, Oregon Laws 2019.
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