(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 adult foster home; or

(b) A family member, guardian, friend or other person who is acting on behalf of the resident.

(2) An adult foster home interferes with the disclosure of the information described in subsection (1) of this section by:

(a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information;

(b) Training an employee or volunteer not to disclose the information; or

(c) Taking actions or communicating 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 an adult foster home that is found to have violated subsection (1) of this section.

(4) The licensing agency shall adopt rules to carry out the provisions of this section.

(5) This section does not authorize the disclosure of 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. [2019 c.381 §6]

Note: 443.766 applies to statements or conduct occurring on or after January 1, 2020. See section 22, chapter 381, Oregon Laws 2019.

Note: 443.766 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.