Chapter 192 — Chapter 192
243 sections in this chapter.
ORS 192.559 [1991 c.825 §2; 1993 c.274 §2; 2001 c.962 §82; renumbered 192.591 in 2011]
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[Repealed or reserved.]
ORS 192.560 [1977 c.517 §3; renumbered 192.593 in 2011]
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[Repealed or reserved.]
ORS 192.561 Disclosure by health care provider in coordinated care organization. (1) Notwithstanding ORS 179.505, a health care provider that is a participant in a coordinated care organization, as defined in ORS 414.025, shall disclose protected health information
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(a) To other health care providers participating in the coordinated care organization for treatment purposes, and to the coordinated care organization for health care operations and payment purposes, as permitted by ORS 192.558; and (b) To public health entities as required for h…
ORS 192.563 Health care provider and state health plan charges. A health care provider or state health plan that receives an authorization to disclose protected health information may charge
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(1)(a) No more than $30 for copying 10 or fewer pages of written material, no more than 50 cents per page for pages 11 through 50 and no more than 25 cents for each additional page; and (b) A bonus charge of $5 if the request for records is processed and the records are mailed by…
ORS 192.565 [1977 c.517 §4; 1999 c.80 §30; renumbered 192.596 in 2011]
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[Repealed or reserved.]
ORS 192.566 Authorization form. A health care provider may use an authorization that contains the following provisions in accordance with ORS 192.558
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______________________________________________________________________________ AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION I authorize: _______________ (Name of person/entity disclosing information) to use and disclose a copy of the specific health information …
ORS 192.567 Disclosure without authorization form. (1)(a) A health care provider may use or disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the conditions in paragraph (b) of this subsection are met and
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(A) The disclosure is to a family member, other relative, a close personal friend or other person identified by the individual, and the protected health information is directly relevant to the person’s involvement with the individual’s health care; or (B) The disclosure is for th…
ORS 192.568 Confidentiality; use and disclosure. A health care provider or a state health plan does not breach a confidential relationship with an individual if the health care provider or state health plan uses or discloses protected health information in accordance with ORS 192.558. [Formerly 192.523]
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Note: See note under 192.553.
ORS 192.570 [1977 c.517 §5; renumbered 192.598 in 2011]
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[Repealed or reserved.]
ORS 192.571 No right of action. Nothing in ORS 192.556 or 192.558 may be construed to create a new private right of action against a health care provider or a state health plan. [Formerly 192.524]
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Note: See note under 192.553.
ORS 192.573 Personal representative of deceased individual. If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in the following order, who can be located upon reasonable effort by the covered entity and who is willing to serve as the personal representative
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(1) A person appointed as guardian under ORS 125.305, 419B.372, 419C.481 or 419C.555 with authority to make medical and health care decisions at the time of the individual’s death. (2) The individual’s spouse. (3) An adult designated in writing by the persons listed in this secti…
ORS 192.575 [1977 c.517 §6; 1993 c.131 §4; 1995 c.666 §28; renumbered 192.600 in 2011]
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[Repealed or reserved.]
ORS 192.576 Disclosure to individual appealing denial of Social Security benefits. (1) In the case of an individual appealing the denial of Social Security disability benefits, a covered entity shall upon request provide to the individual or the individual’s personal representative, free of charge, one copy of the individual’s health information created after the date that the individual alleged as the onset of disability in the individual’s initial application for Social Security disability benefits and before the date of the administrative hearing. At the election of the individual or the individual’s personal representative, the health information shall be provided in paper or electronic format
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(2) A covered entity may deny a request for a copy of health information if: (a) The covered entity has already provided one copy of the health information to the individual or the individual’s personal representative; or (b) The request is made by a person other than the individ…
ORS 192.577 Disclosure of information concerning adult in custody of Department of Corrections. (1) A health care provider shall disclose protected health information concerning an adult in custody of a Department of Corrections facility to the physician of an employee of the department or of Oregon Corrections Enterprises, without an authorization from the adult in custody or a personal representative of the adult in custody, if
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(a) The employee, in the performance of the employee’s official duties, was directly exposed to the bodily fluids of the adult in custody; and (b) The adult in custody has tested positive for a blood-borne infection or other communicable disease that may be transmitted through an…
ORS 192.579 Allowed disclosure for coordinating care. (1) As used in this section, “entity” means a health care provider, a coordinated care organization, as defined in ORS 414.025 or a prepaid managed care health services organization, as defined in ORS 414.025, that provides health care to an individual, if the care is paid for by a state health plan
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(2) Notwithstanding ORS 179.505, an entity may disclose the identity of an individual who receives health care from the entity without obtaining an authorization from the individual, or a personal representative of the individual, to another entity for the purpose of coordinating…
ORS 192.580 [1977 c.517 §7; 1985 c.797 §4; 1987 c.482 §1; 2001 c.247 §1; 2003 c.14 §94; renumbered 192.602 in 2011]
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[Repealed or reserved.]
ORS 192.581 Allowed retention or disclosure of genetic information. (1) Notwithstanding ORS 192.537 (3), a health care provider may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the provider
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(2) Notwithstanding ORS 192.539 (1), a health care provider may disclose genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the provider discloses the genetic information in accordance with…
ORS 192.582 Confidentiality of bedbug infestation reports. (1) As used in this section
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(a) “Bedbug” means a member of the Cimicidae family of parasitic insects. (b) “Public health authority” means: (A) A local public health authority, as defined in ORS 431.003; or (B) The Oregon Health Authority. (2) The following information reported by pest control operators to a…
ORS 192.583 Definitions for ORS 192.583 to 192.607. As used in ORS 192.583 to 192.607
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(1) “Customer” means any person, partnership, limited partnership, corporation, trust or other legal entity, who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom …
ORS 192.585 [1977 c.517 §8(2),(3); 2005 c.130 §2; renumbered 192.603 in 2011]
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[Repealed or reserved.]
ORS 192.586 Disclosure of financial records prohibited; exceptions. (1) Except as provided in ORS 192.588, 192.589, 192.591, 192.593, 192.596, 192.597, 192.598 and 192.603 or as required by ORS 25.643 and 25.646 and the Uniform Disposition of Unclaimed Property Act, ORS 98.302 to 98.436 and 98.992, and ORS 305.084
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(a) A financial institution may not provide financial records of a customer to a state or local agency. (b) A state or local agency may not request or receive from a financial institution financial records of customers. (2) Subsection (1) of this section does not preclude a finan…
ORS 192.587 [1993 c.131 §6; renumbered 192.605 in 2011]
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[Repealed or reserved.]
ORS 192.588 Disclosure to Department of Human Services or Oregon Health Authority; procedure; limitations. (1) Upon the request of the Department of Human Services or the Oregon Health Authority and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution, and if so, the balance on deposit in each such account on the date this information is provided
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(2) In requesting information under subsection (1) of this section, the department or authority shall specify the name and Social Security number of the person upon whom the account information is sought, and shall certify to the financial institution in writing, signed by an age…
ORS 192.589 Financial institution records of deceased individual; disclosure to Department of Human Services or Oregon Health Authority; procedure. (1) At any time after an individual dies, the Department of Human Services or the Oregon Health Authority may deliver to a financial institution the written notice and request described in subsection (2) of this section
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(2) A written notice and request under this section must: (a) Include the name, last known address and Social Security number of the deceased individual; (b) State the date of the deceased individual’s death; (c) State that the deceased individual received public assistance or me…
ORS 192.590 [1977 c.517 §9; 1981 c.897 §41; 1995 c.696 §18; renumbered 192.606 in 2011]
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[Repealed or reserved.]
ORS 192.591 Disclosure to state court; procedure; limitations. (1) Upon the request of a state court and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution and, if so, the balance on deposit in each such account on the date this information is provided and a record of the account’s activity for at least the prior 30 days, which may include the current and previous account statement period
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(2) In requesting information under subsection (1) of this section, the state court shall specify the name and Social Security number of the person about whom the account information is sought, and shall certify to the financial institution in writing, signed by an agent of the s…
ORS 192.593 Authorization by customer for disclosure. (1) A financial institution may disclose financial records of a customer to a state or local agency, and such an agency may request and receive such records, when the customer has authorized such disclosure as provided in this section
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(2) The authorization of disclosure shall: (a) Be in writing, signed and dated by the customer; (b) Identify with particularity the records authorized to be disclosed; (c) Name the agency to whom disclosure is authorized; (d) Contain notice to the customer that the customer may r…
ORS 192.595 [1977 c.517 §10; renumbered 192.607 in 2011]
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[Repealed or reserved.]
ORS 192.596 Disclosure under summons or subpoena; procedure. (1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful summons or subpoena, served upon the financial institution, as provided in this section or ORS chapter 25
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(2) The state or local agency issuing such summons or subpoena shall make personal service of a copy of it upon the customer. (3) The summons or subpoena shall name the agency issuing it, and shall specify the statutory authority under which the financial records are being obtain…
ORS 192.597 Disclosure pursuant to abuse investigation; procedure; liability; affidavit. (1) Notwithstanding ORS 192.596, a financial institution shall disclose and provide copies of the financial records of a person who is the alleged victim in an investigation under ORS 124.070 or 441.650 in accordance with a subpoena issued by a court or on behalf of a grand jury under ORS 136.563
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(2) A subpoena issued under this section shall specify: (a) The name and Social Security number of the person about whom financial records are sought; and (b) That the person about whom financial records are sought is the alleged victim in an abuse investigation under ORS 124.070…
ORS 192.598 Disclosure under search warrant. (1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful search warrant, as provided in this section
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(2) The content of the search warrant shall conform to the requirements of ORS 133.565. (3) The state or local agency seeking financial records shall make personal service of the search warrant upon the financial institution in the manner provided by law for service of a subpoena…
ORS 192.600 Liability of financial institution for disclosure. (1) Nothing in ORS 192.583 to 192.607 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth in ORS 192.583 to 192.607, provided only that the customer authorization, summons, subpoena or search warrant served upon or delivered to a financial institution pursuant to ORS 192.593, 192.596, 192.597 or 192.598 shows compliance on its face
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(2) A financial institution which in good faith reliance refuses to disclose financial records of a customer upon the prohibitions of ORS 192.583 to 192.607, shall not be liable to its customer, to a state or local agency, or to any person for any loss or damage caused in whole o…
ORS 192.602 Time for compliance; reimbursement; exceptions. (1)(a) A financial institution shall have a reasonable period of time in which to comply with any proper customer authorization, summons, subpoena or search warrant permitting or seeking disclosure of financial records. Except as provided in paragraphs (b) and (c) of this subsection, a “reasonable period of time” shall in no case be less than 10 days from the date upon which the financial institution receives or is served with a customer authorization, summons, subpoena or search warrant
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(b) When disclosure is sought under ORS 192.596, the reasonable period of time shall be not less than 20 days. (c) When disclosure is sought under ORS 192.597, the reasonable period of time shall be that period of time required by the circumstances but in no case more than 10 day…
ORS 192.603 Procedure for disclosure to law enforcement agency. (1) As used in this section
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(a) “Account information” means, whether or not the financial institution has an account under a particular customer’s name, the number of customer account items dishonored or that created overdrafts, dollar volume of dishonored items and items that when paid created overdrafts, …
ORS 192.605 Charges for participation in attorney trust account overdraft notification program. Financial institutions that participate in an attorney trust account overdraft notification program established under ORS 9.685 may charge attorneys or law firms who have trust accounts with the financial institution for the reasonable costs incurred by the financial institution by reason of that participation. [Formerly 192.587]
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[Repealed or reserved.]
ORS 192.606 Civil liability for violation of ORS 192.583 to 192.607; attorney fees; status of evidence obtained in violation. (1) Any customer who suffers any ascertainable loss as a result of a willful violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages or $1,000, whichever is greater
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(2) Any customer who suffers any ascertainable loss as a result of a negligent violation of ORS 192.583 to 192.607 by any person, may bring an individual action in an appropriate court to recover actual damages. (3)(a) Except as provided in paragraph (b) of this subsection, the c…
ORS 192.607 Severability. If any provision of ORS 192.583 to 192.607 or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provision or application of ORS 192.583 to 192.607 which can remain in effect without the invalid provision or application, and to this end the provisions of ORS 192.583 to 192.607 are severable. [Formerly 192.595]
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PUBLIC MEETINGS
ORS 192.610 Definitions for ORS 192.610 to 192.705. As used in ORS 192.610 to 192.705
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(1) “Convening” means: (a) Gathering in a physical location; (b) Using electronic, video or telephonic technology to be able to communicate contemporaneously among participants; (c) Using serial electronic written communication among participants; or (d) Using an intermediary to …
ORS 192.620 Policy. The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.705 that decisions of governing bodies be arrived at openly. [1973 c.172 §1]
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[Repealed or reserved.]
ORS 192.630 Meetings of governing body to be open to public; location of meetings; accommodation for person with disability; interpreters. (1) All meetings of the governing body of a public body shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by ORS 192.610 to 192.705
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(2) A quorum of a governing body may not meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as otherwise provided by ORS 192.610 to 192.705. (3) A governing body may not hold a meeting at any place where discrimination on the bas…
ORS 192.640 Public notice required; special notice for executive sessions or special or emergency meetings. (1) The governing body of a public body shall provide for and give public notice, reasonably calculated to give actual notice to interested persons including news media which have requested notice, of the time and place for holding regular meetings. The notice shall also include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability of a governing body to consider additional subjects
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(2) If an executive session only will be held, the notice shall be given to the members of the governing body, to the general public and to news media which have requested notice, stating the specific provision of law authorizing the executive session. (3) No special meeting shal…
ORS 192.650 Recording or written minutes required; content; fees. (1) The governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. Neither a full transcript nor a full recording of the meeting is required, except as otherwise provided by law, but the written minutes or recording must give a true reflection of the matters discussed at the meeting and the views of the participants. All minutes or recordings shall be available to the public within a reasonable time after the meeting, and shall include at least the following information
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(a) All members of the governing body present; (b) All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition; (c) The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of th…
ORS 192.655 Recording requirements for certain entities. (1) This section applies to any meeting of the following
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(a) The board of directors of a common or union high school district; (b) The board of directors of an education service district; (c) The board of education of a community college district; or (d) The board of trustees of a public university described in ORS 352.002. (2) A publi…
ORS 192.660 Executive sessions permitted on certain matters; procedures; news media representatives’ attendance; limits. (1) ORS 192.610 to 192.705 do not prevent the governing body of a public body from holding executive session during a regular, special or emergency meeting, after the presiding officer has identified the authorization under ORS 192.610 to 192.705 for holding the executive session
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(2) The governing body of a public body may hold an executive session: (a) To consider the employment of a public officer, employee, staff member or individual agent. (b) To consider the dismissal or disciplining of, or to hear complaints or charges brought against, a public offi…
ORS 192.665 Oregon Government Ethics Commission advisory opinions and advice. Any person may submit to the Oregon Government Ethics Commission
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(1) A written request for the commission to issue and publish a commission advisory opinion under ORS 244.280 on the application of ORS 192.610 to 192.705 to any actual or hypothetical circumstance; (2) A written request for the executive director of the Oregon Government Ethics …
ORS 192.670 Meetings by means of telephone or electronic communication. (1) Any meeting, including an executive session, of a governing body of a public body which is held through the use of telephone or other electronic communication shall be conducted in accordance with ORS 192.610 to 192.705
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(2) When telephone or other electronic means of communication is used and the meeting is not an executive session, the governing body of the public body shall make available to the public at least one place where, or at least one electronic means by which, the public can listen t…
ORS 192.672 State board or commission meetings through telephone or electronic means; compensation and reimbursement; recording and publishing. (1) A state board or commission may meet through telephone or other electronic means in accordance with ORS 192.610 to 192.705
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(2)(a) Notwithstanding ORS 171.072 or 292.495, a member of a state board or commission who attends a meeting through telephone or other electronic means is not entitled to compensation or reimbursement for expenses for attending the meeting. (b) A state board or commission may co…
ORS 192.680 Enforcement of ORS 192.610 to 192.705; effect of violation on validity of decision of governing body; liability of members. (1) A decision made by a governing body of a public body in violation of ORS 192.610 to 192.705 shall be voidable. The decision shall not be voided if the governing body of the public body reinstates the decision while in compliance with ORS 192.610 to 192.705. A decision that is reinstated is effective from the date of its initial adoption
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(2) Any person affected by a decision of a governing body of a public body may commence a suit in the circuit court for the county in which the governing body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of ORS 192.610 to 192.705…
ORS 192.685 Additional enforcement by Oregon Government Ethics Commission. (1)(a) Notwithstanding ORS 192.680, complaints of violations of any provision of ORS 192.610 to 192.705 alleged to have been committed by public officials may be made to the Oregon Government Ethics Commission for review and investigation as provided by ORS 244.260 and for possible imposition of civil penalties as provided by ORS 244.350
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(b) If at any time the commission has reason to believe that there has been a violation of ORS 192.660, the commission may proceed under this section and as provided by ORS 244.260 on its own motion as if the commission had received a complaint. (2) A complainant may not file a c…
ORS 192.690 Exceptions to ORS 192.610 to 192.705. (1) ORS 192.610 to 192.705 do not apply to any of the following
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(a) Deliberations of the Psychiatric Security Review Board or the State Board of Parole and Post-Prison Supervision. (b) Deliberations of state agencies conducting hearings on contested cases in accordance with the provisions of ORS chapter 183. (c) Deliberations of the Workers’ …