OAR 114-005-0040: Confidentiality of Records

(1) The identity of residents, complaints or person providing information on behalf of the resident or complainant shall be confidential and shall not be disclosed unless: (a) The resident or resident’s legal representative gives written consent that the resident’s identity may be disclosed and specifies to whom the disclosure may be made; (b) The complainant or the complainant’s legal representative gives written consent that the complainant’s identity may be disclosed and specifies to whom the disclosure may be made; (c) The person providing information on behalf of the resident or complainant gives written consent which states that the person’s identity may be disclosed and specifies to whom the disclosure may be made; or (d) A court orders disclosure. (2) No Ombudsman or designee who gains access to a resident’s records shall discuss or disclose information in the records or disclose the identity of a resident, a complainant or a person providing information on behalf of a resident to any person not associated with the Ombudsman Program unless the conditions of section (1) of this rule are met. (3) Information obtained by the Ombudsman Program may be used by the Ombudsman Program for the preparation and disclosure of statistical, case study, or other data provided that the identities of specific individuals are not disclosed.