Title 192 · ORS Chapter 192

192.524] ����� Note: See note under 192.553. ����� 192.573 Personal representative of deceased individual. If no person has been appointed as a personal representative under ORS chapter 113 or

Citation: ORS 192.524

Section: 192.524

192.524]

����� Note: See note under 192.553.

����� 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:

����� (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 section, if no person listed in this section objects to the designation.

����� (4) A majority of the adult children of the individual who can be located.

����� (5) Either parent of the individual or an individual acting in loco parentis to the individual.

����� (6) A majority of the adult siblings of the individual who can be located.

����� (7) Any adult relative or adult friend. [Formerly 192.526]

����� Note: See note under 192.553.

����� 192.575 [1977 c.517 �6; 1993 c.131 �4; 1995 c.666 �28; renumbered 192.600 in 2011]

����� 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.

����� (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 individual or the individual�s personal representative and the requester has not presented a valid authorization for the release of information.

����� (3) A covered entity may charge a fee for providing copies of health information, as provided in ORS 192.563, if:

����� (a) The request for copies is made by a person other than the individual or the individual�s personal representative; or

����� (b) The covered entity has already provided to the individual or the individual�s personal representative one copy of the information. [2015 c.360 �2; 2017 c.551 �1]

����� Note: See note under 192.553.

����� 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:

����� (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 individual�s bodily fluids.

����� (2) A disclosure under subsection (1) of this section must be limited to the minimum necessary to inform the physician of possible exposure to a blood-borne infection or other communicable disease. [2017 c.484 �2; 2019 c.213 �56; 2019 c.280 �4]

����� Note: See note under 192.553.

����� 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.

����� (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 the health care and treatment provided to the individual by either entity. [2011 c.418 �2; 2015 c.792 �4]

����� Note: See note under 192.553.

����� 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]

����� 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.

����� (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 192.558 (3).

����� (3) As used in this section, �retain genetic information� has the meaning given that term in ORS 192.531. [Formerly 192.529]

����� Note: See note under 192.553.

BEDBUGS

����� 192.582 Confidentiality of bedbug infestation reports. (1) As used in this section:

����� (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 public health authority must be maintained confidentially and is not subject to disclosure under ORS