OAR 325-035-0010: Notifying a Health Care Facility, Health Care Provider, or Patient of a Notice of Adverse Health Care Incident

(1) When the Commission receives a notice from a patient, the Commission must notify all health care facilities and health care providers named in the notice, using email, telephone, or the US mail as appropriate. The Commission will attempt to contact all health care facilities and health care providers within seven business days of receiving the notice. If a patient is unable to provide accurate contact information for a health care facility or a health care provider, the Commission must attempt to notify the health care facility or health care provider and provide the required notice. (a) If the Commission is not able to identify and contact a health care facility or a health care provider, the Commission must notify the patient in writing that unless accurate contact information for the health care facility or health care provider is received by the Commission within 30 days, the Commission will consider the matter closed. (b) If the Commission does not receive accurate contact information for the health care facility or health care provider within 30 days, the Commission must inform the patient in writing that the Commission has closed the matter. (2) A health care facility, health care provider, or employer of a health care provider who files a notice must: (a) Provide a copy of the notice to the patient; and (b) Notify any health care provider involved in the adverse health care incident of the notice. (3) The Commission must notify a health care provider or health care facility of any notice that is filed by a patient, regardless of whether it appears that incident falls within the definition of an adverse health care incident. A health care provider or health care facility must make its own determination, after being notified by the Commission that a notice has been filed, as to whether the incident is an adverse health care incident such that the parties may engage in discussions.