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Patient Safety in Oregon

        Oregon has a significant amount of laws and regulations governing patient safety.  Such laws cover the reporting of adverse events and patient abuse and the collection, use and disclosure of patient abuse records.  On a broader scale, the laws also govern the collection, use and disclosure of patient safety data by providers and government entities. 

        With respect to patient abuse and other adverse events, the Oregon Patient Safety Commission has established a confidential, voluntary serious adverse reporting system1 open to hospitals, long-term care facilities, pharmacies, ambulatory surgical centers, outpatient renal dialysis facilities, freestanding birthing centers, and independent professional health care societies or associations.2  In implementing the reporting program, the commission’s board of directors must maintain the confidentiality of all data that could identify a provider or patient.3

        In addition to this voluntary system, several providers and facilities are required to report suspected and confirmed cases of abuse of certain individuals.  Physicians, licensed nurses, employees of the Department of Human Services or the county health or mental health department, contractors, peace officers, clergy, licensed social workers, physical, speech or occupational therapists, family members or guardians of residents, and nursing facility administration officials are all required to report abuse of a nursing home resident.4  PACE program employees must report suspected abuse of a program participant.5  Anyone who suspects abuse of a long-term care facility resident must immediately make a report to such effect.6  Public and private officials must report abuse of any mentally retarded or developmentally disabled adult.7  Adult foster homes8  and residential training centers must also report abuse.9  The information required for reports on nursing facility residents,10  mentally ill or developmentally disabled persons11 and long-term care facility residents12 includes the name and address of the resident, the nature and extent of the abuse and the information that lead the reporter to believe the abuse occurred.

        The Department of Human Services may use abuse and neglect reports maintained by the department for the purpose of providing protective services or screening subject individuals; reports are confidential and may only be disclosed as authorized by law.13

        With respect to patient safety data, Oregon requires a number of facilities to participate in the health care acquired infections (HAI) reporting program.  Hospitals,14 ambulatory surgical facilities,15 and, beginning on January 1, 2013, dialysis facilities,16 are all required to collect data on health care acquired infections.  The Office for Oregon Health Policy and Research must quarterly disclose updated facility- and state-level HAI rates to the public; the office will summarize HAI data into an annual report, and will disclose the data to the public.17 The office must take precautions to prevent the unauthorized disclosure of hospital outcome measure raw data files.18 Unless specifically required by law, the Office for Oregon Health Policy and Research is prohibited from disclosing patient information, intentionally linking or attempting to link individual providers to individual health care acquired infection (HAI) events, and from providing patient- or provider-level reportable HAI data to any state agency for enforcement or regulatory actions.19

 

 

Footnotes

  • 1. Or. Rev. Stat. §442.820
  • 2. Or. Rev. Stat. §442.837
  • 3. Or. Rev. Stat. §442.831
  • 4. Or. Admin. R.  411-085-0360
  • 5. Or. Admin. R. 411-045-0100
  • 6. Or. Rev. Stat. § 441.645
  • 7. Or. Rev. Stat. § 430.765
  • 8. Or. Admin. R. 309-040-0390
  • 9. Or. Admin. R. 309-043-0380
  • 10. Or. Admin. R.  411-085-0360
  • 11. Or. Rev. Stat. § 430.743
  • 12. Or. Rev. Stat. § 441.645
  • 13. Or. Rev Stat. § 409.027
  • 14. Or. Admin R. 409-023-0010
  • 15. Or. Admin. R. 409-023-0012
  • 16. Or. Admin. R. 409-023-0015
  • 17. Or. Admin. R. 409-023-0020
  • 18. Or. Admin R. 409-023-0025
  • 19. Or. Admin. R. 409-023-0030

 

Patient Safety in Oregon

Subtopic Statute/Regulation Description
Patient Safety Or Rev. Stat. § 430.757 - Reports of abuse to be maintained by Department of Human Services A proper record of all required reports of abuse of a mentally ill or developmentally disabled person will be maintained by the Department of Human...
Or. Admin R. 333-018-0110 - HAI Reporting for Hospitals Hospitals must participate in the Health Care Acquired Infection (HAI) reporting program.  Each hospital must collect data on HAI outcome and...
Or. Admin R. 333-018-0135 - HAI Data Security The Oregon Office of Health Policy and Research will obtain hospital outcome measure data files from the CDC’s National Healthcare Safety...
Or. Admin. R. 411-085-0360 - Abuse Nursing home facility staff, employees or agents are prohibited from abusing residents.  The following individuals are required to report abuse...
Or. Admin. R. 114-005-0040 - Confidentiality of Records The identity of residents and complainants is confidential and will not be disclosed unless: The resident or his legal representative gives...
Or. Admin. R. 309-032-0870 - Standards for Approval of Regional Acute Care Psychiatric Service In order to be granted approval for operation, regional acute care psychiatric services must comply with the following requirements: Maintain...
Or. Admin. R. 309-040-0390 - Standards and Practices for Care and Services Adult Foster Homes must comply with a number of standards for care and services, including the following: Maintain a copy of medication,...
Or. Admin. R. 309-040-0410 - Residents’ Rights, Complaints, and Grievances Each resident of an adult foster home has a number of rights, including: Be informed of the resident’s medical condition Be informed of...
Or. Admin. R. 333-018-0120 - HAI Reporting for Long Term Care Facilities Long Term Care Facilities must report outcome measures using the Center for Medicare and Medicaid Services’ minimum data set nursing home...
Or. Admin. R. 333-018-0130 - HAI Public Disclosure The Office for Oregon Health Policy and Research must disclose updated facility- and state-level health care acquired infection (HAI) rates to the...
Or. Admin. R. 333-018-0140 - Prohibited Activities Unless specifically required by law, the Office for Oregon Health Policy and Research is prohibited from disclosing patient information,...
Or. Admin. R. 411-020-0020 - Reporting of Abuse and Neglect Mandatory reporters must report instances of elder abuse or abuse of residents in nursing facilities to a Seniors and People with Disabilities...
Or. Admin. R. 411-045-0100 - Confidentiality and Reporting Each Program of All-Inclusive Care for the Elderly (PACE) must have written policies and procedures to assure that participants’ clinical...
Or. Rev Stat. §409.027 - Abuse and neglect reports The Department of Human Services may use abuse and neglect reports maintained by the department for the purpose of providing protective services or...
Or. Rev. Stat. § 430.210 - Rights of persons receiving mental health services Persons receiving mental health and development disability services have many rights, including the following: Choose from available services...
Or. Rev. Stat. § 430.743 - Abuse report Individuals required to report suspected abuse of mentally ill or developmentally disabled persons must report the name, age and present location of...
Or. Rev. Stat. § 430.765 - Duty of officials to report abuse While acting in an official capacity, any adult with whom a public or private official comes in contact who the official has reasonable cause to...
Or. Rev. Stat. § 441.645 - Oral report to area agency on aging, department or law enforcement agency Anyone who suspects that a resident of a long term care facility has been the subject of abuse must immediately report the suspected abuse to the...
Or. Rev. Stat. § 442.837 - Oregon Patient Safety Reporting Program The Oregon Patient Safety Commission established Oregon Patient Safety Reporting Program.  Participation in the program is voluntary, and will...
Or. Rev. Stat. §441.640 - Report of suspected abuse of resident required Any public or private official that has reasonable cause to believe that a resident in a long term care facility was abused or that a person at the...
Or. Rev. Stat. §441.665 - Record of reports The Department of Human Services must maintain a complete record of all reports filed regarding patient abuse in long terms care facilities. ...
Ombudsman programs Or. Admin. R. 114-005-0030 - Access to Records The Long Term Care Ombudsman and his designees may access any long term care resident’s records with the written authorization of the resident...
Or. Rev. Stat. § 441.117 - Right of entry into facilities and access to records The Long Term Care Ombudsman will have access to any long term care facility resident’s records, and to necessary records of any public agency...
Or. Rev. Stat. §441.671 - Confidentiality of reports The names of complainants and residents used in reports of patient abuse in long term care facilities must remain confidential and are not subject to...
Patient safety data reporting Or. Admin. R. 333-018-0115 - HAI Reporting for Ambulatory Surgery Centers Each Ambulatory Surgery Center must annually complete and submit a survey of evidence-based elements of patient safety performance as defined by the...
Or. Admin. R. 333-018-0125 - HAI Reporting for Other Health Care Facilities Beginning on January 1, 2013, dialysis facilities must begin collecting data for the Health Care Acquired Infection Reporting Program.
Or. Rev. Stat. § 430.216 - Report to Legislative Assembly The Department of Human Services will report to each odd-numbered year regular session of the Legislative Assembly on the safety of individuals...
Or. Rev. Stat. § 442.844 - Patient safety data Patient safety data reported to the Oregon Patient Safety Commission and information developed pursuant to the auditing and oversight aspects of the...
Confidentiality of patient safety data Or. Admin. R. 411-085-0370 - Confidentiality The names of nursing home residents and any documentation that identifies residents are confidential and not available for public inspection. ...
Or. Rev. Stat. § 430.763 - Confidentiality of records The names of the affected adults in abuse reports are confidential and not accessible for public inspection.  The Department of Human Services...
Or. Rev. Stat. § 441.113 - Procedures to maintain confidentiality The Long Term Care Ombudsman must establish procedures to maintain the confidentiality of the records and files of residents of long term care...
Or. Rev. Stat. § 442.846 - Patient safety data not admissible in civil actions Patient safety data and reports obtained by the Patient Safety Reporting Program is confidential and privileged and cannot be used as evidence in any...
Or. Rev. Stat. §442.820 - Oregon Patient Safety Commission The law establishes the Oregon Patient Safety Commission, which is to improve patient safety by reducing the risk of adverse events occurring in...
Or. Rev. Stat. §442.831 - Powers of board relating to Oregon Patient Safety Reporting Program In implementing the Patient Safety Reporting Program, the Oregon Patient Safety Commission Board of Directors must maintain the confidentiality of...