(1) To carry out the provisions and purposes of ORS § 147.005 to 147.367, the Department of Justice has the power and duty to:

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(a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

(b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information, including police reports, as will enable the Department of Justice to carry out its functions and duties under ORS § 147.005 to 147.367. The Department of Justice may obtain assistance and information under this paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice:

(A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this paragraph;

(B) May use the information or records only for the purposes authorized by ORS § 147.005 to 147.367; and

(C) May not disclose the contents of any privileged or confidential records to any other person or entity.

(c) Adopt rules pursuant to ORS Chapter 183.

(d) Direct medical examination of victims.

(e) Determine all claims for awards filed with the department pursuant to ORS § 147.005 to 147.367, and to reinvestigate or reopen cases as the department deems necessary.

(f) Report biennially to the Governor and to the Legislative Assembly on its activities.

(2) Notwithstanding any other law relating to the confidentiality or disclosure of records, when a crime victim applies for compensation under ORS § 147.005 to 147.367, a person that provides medical services or supplies or pays the costs of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the person’s possession about the crime victim if:

(a) The department requests the information; and

(b) A release authorizing the surrender has been completed under ORS § 147.105 (1)(h).

(3) As used in subsection (2) of this section:

(a) ‘Pays’ includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution.

(b) ‘Person’ includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS § 174.109. [1977 c.376 § 12; 1987 c.770 § 7; 1997 c.396 § 1; 2003 c.351 § 2; 2012 c.81 § 13; 2017 c.108 § 4]

[Renumbered 133.825]