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715 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) Suspected child abuse or elder abuse ODHS|OHA employees are required to comply with the following Oregon laws: • Child abuse reporting laws • Elder abuse reporting laws, and • Persons with behavioral health needs or developmental disabilities reporting laws. Any questions regarding abuse reporting should be directed to a staff member’s management. When there is suspected abuse, the worker must do all of the following: • Comply with the abuse reporting laws by making a mandatory report • Narrate the referral by stating only “Referral made to [agency.]” The abuse itself should never be narrated. Alcohol and drug (A&D) and mental health information Pursuant to federal A&D law and state mental health law, an individual has the right to authorize use and disclosure of A&D or mental health treatment information to ODHS|OHA or to a specific program within ODHS|OHA, such as Self-Sufficiency, or to a specific person (name or title). A&D and mental health treatment information may be used only for the specific purpose listed on the Authorization for Disclosure, Sharing and Use of Individual Information (MSC 3010) form. An individual has the right to informed consent when filling out the MSC 3010. This means the worker has told the participant they may authorize the use of A&D and mental health information to ODHS|OHA as a whole or may limit disclosure to a specific program such as to Self-Sufficiency Programs. Some elements of A&D federal law and MH state law regarding use and disclosure of A&D and MH treatment information are stricter than HIPAA. Under HIPAA, the stricter law applies. Federal A&D law prohibits unauthorized use, disclosure and re-disclosure of A&D treatment information. State mental health law prohibits unauthorized use, disclosure and re-disclosure of mental health information. These laws: • Give an individual the right to restrict to what entity or person and for what purpose treatment information may be used or disclosed. • Require the individual’s right to limit use and disclosure of A&D and mental health information be communicated to the individual. • Prohibit re-disclosure of A&D and mental health treatment information without the specific authorization of the individual. • Allow an individual to authorize use and disclosure of information by filling out and signing a release (such as the Authorization for Disclosure, Sharing and Use of Individual Information MSC 3010 form) that includes the:
Name of the person or program making the disclosure
Name or title of the individual or organization to which disclosure is to be made
Name of the participant
Purpose of the disclosure, which must be specific
How much and what kind of information is to be disclosed.