Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0100 - Complaint Intake, Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Complaint Intake. The local APD or Type B
			 AAA office receiving a complaint shall ask questions to obtain as much of the
			 information requested on the APD Complaint Intake Form as possible. The local
			 APD or Type B AAA office shall have at least one person designated and
			 available to receive complaint calls throughout the work day.
(2) Complaint Investigation.
(a) All Complaints Investigated. The
			 Department shall ensure all complaints, including anonymous complaints,
			 received regarding violation of nursing facility laws are investigated.
(b) Multiple Problems. If the
			 complaint alleges more than one problem, each allegation of abuse or another
			 rule violation shall be treated as a separate complaint, and shall be given a
			 separate finding. This is not intended to require a separate status report or
			 complaint investigation report for each allegation.
(c) Complainant Interview. The APD or Type B
			 AAA office representative shall interview the complainant immediately and, as
			 necessary, during the investigation.
(d) Accompany Investigator. The investigator
			 shall ask if the complainant, a designee, or both wish to accompany the
			 investigator to the site. The purpose of allowing the complainant or a designee
			 to accompany the investigator is to identify individuals and circumstances
			 relevant to the complaint. If someone is to accompany the investigator, the
			 investigator shall notify such party of the time and allow the party to
			 accompany the investigator during the site visit.
(e) Timeframe to Begin Investigation. The
			 investigations shall be initiated as follows:
(A) If the complaint alleges a resident's
			 health or safety is in imminent danger or the resident has recently died, been
			 hospitalized, or been treated in an emergency department, the on-site
			 investigation shall begin within two hours of the complaint.
(B) If the complainant alleges circumstances
			 that may result in abuse and the circumstances may place a resident's health or
			 safety in imminent danger, the on-site investigation shall begin before the end
			 of the first working day following receipt of the complaint.
(C) All other complaint investigations shall
			 begin and be completed within 90 days following receipt of the complaint.
(f) Prior Notification
			 Prohibited. Neither the Department nor the local APD or Type B AAA office shall
			 contact the facility before the on-site investigation.
(g) Facility Visit. The investigation shall
			 include at least one unannounced visit to the facility. Upon arrival at the
			 facility, the investigator shall announce his or her presence to the
			 administrator or other person designated to be in charge. The investigator
			 shall explain the purpose of the visit, unless the investigator has reason to
			 believe that disclosing the purpose of the visit would impede the
			 investigation.
(h) Witness
			 Interview. Reasonable effort shall be made to interview all possible witnesses,
			 including alleged perpetrators (if any), the involved residents and any other
			 persons, including other residents, identified by any source as having personal
			 knowledge about any allegations.
(A)
			 Investigators have the authority to conduct the interview in private unless the
			 witness expressly makes an unsolicited request that a third party be present.
(B) The investigator shall obtain
			 the mailing address of the alleged perpetrator.
(C) If the investigator is unable to
			 interview a witness identified by the complainant, the complainant shall be
			 notified before the investigation is concluded.
(i) Investigation Format. In addition to
			 interviews, the investigator shall make personal observations of physical
			 circumstances and review any documentation, including clinical records. The
			 facility shall promptly provide all requested documentation that is available,
			 for review and copying.