Chapter 447 Oregon Laws 2001

AN ACT

SB 210

Relating to adult foster home complaints; amending ORS 443.740, 443.765 and 443.767.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 443.765 is amended to read:

443.765. (1) Complaints against adult foster homes may be filed with the department by any person, whether or not a resident of the home. The department shall investigate complaints regarding adult foster homes and shall adopt by rule standards governing investigations pursuant to this section.

(2) The department shall prepare a notice which must be posted in a conspicuous place in each adult foster home stating the telephone number of the department and the procedure for making complaints.

(3) The department shall maintain a file of all complaints and the action taken on the complaint, indexed by the name of the owner or operator. When the department concludes the investigation of a complaint, the department shall clearly designate the outcome of the complaint investigation in the complaint file. The filed complaint forms shall protect the privacy of the complainant, the resident and the witnesses.

(4) Any person has a right to inspect and photocopy the complaint files maintained by the department.

(5)(a) The owner or operator of an adult foster home may not prohibit, discourage or use intimidation against any person to prevent the filing of a complaint with the department.

[(a)] (b) If a resident, or a person acting on the resident’s behalf, files a complaint with the department, [No] the owner or operator of an adult foster home [shall] may not retaliate against [a] the resident by:

(A) Increasing charges[,];

(B) Decreasing services, rights or privileges[, or];

(C) Threatening to increase charges or decrease services, rights or privileges[,];

(D) [by] Taking or threatening to take any action to coerce or compel the resident to leave the facility[,]; or

(E) [by] Abusing or threatening to harass or [to] abuse a resident in any manner [after the resident has filed a complaint with the department].

[(b)] (c) The owner or operator of an adult foster home may not retaliate against [Anyone] any person who [makes a report under ORS 443.705 to 443.825] files a complaint[, and] or any witness or employee of a facility interviewed about the complaint [shall not be subject to any retaliation by any owner or operator of an adult foster home for making a report or being a witness], including but not limited to retaliation by restriction of otherwise lawful access to the adult foster home or to any resident thereof, or, if an employee, to dismissal or harassment.

(6) The provider shall give all residents, upon admission, a notice of the monthly rates and the house rules.

(7) Anyone participating in good faith in the [making] filing of a complaint pursuant to this section [who has reasonable grounds for the making thereof shall have immunity] is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the [making] filing or [content of such] substance of the complaint. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from [such] the complaint. A person does not act in good faith for the purposes of this subsection if the substance of the complaint is false and:

(a) The person knows that the substance of the complaint is false; or

(b) The person makes the complaint with the intent to harm the owner or operator of the adult foster home, or the adult foster home, and the person shows a reckless disregard for the truth or falsity of the substance of the complaint.

SECTION 2. ORS 443.767 is amended to read:

443.767. (1) When the Senior and Disabled Services Division receives a complaint that alleges that a resident has been injured, abused or neglected, and that any resident’s health or safety is in imminent danger, or that the resident has died or been hospitalized, the investigation shall begin immediately after the complaint is received. If the investigator determines that the complaint is substantiated, the division shall take appropriate corrective action immediately.

(2) When the [Senior and Disabled Services Division] division receives a complaint that alleges the existence of any circumstance that could result in injury, abuse or neglect of a resident, and that the circumstance could place the resident’s health or safety in imminent danger, the division shall investigate the complaint promptly. If the investigator determines that the complaint is substantiated, the division shall take appropriate corrective action promptly.

(3) After public hearing, the [Senior and Disabled Services Division] division shall by rule set standards for the procedure, content and time limits for the initiation and completion of investigations of complaints. The time limits shall be as short as possible and shall vary in accordance with the severity of the circumstances alleged in the complaint. In no event shall the investigation exceed a duration of 60 days, unless there is an ongoing concurrent criminal investigation, in which case the [department] division may take a reasonable amount of additional time in which to complete the investigation.

(4) The [Senior and Disabled Services Division] division shall take no longer than 60 days from the completion of the investigation report to take appropriate corrective action in the case of any complaint that the investigator determines to be substantiated.

(5)(a) The [Senior and Disabled Services Division] division shall cause a copy of the investigation report to be mailed within seven days of the completion of the report to:

(A) The complainant, unless the complainant requests anonymity;

(B) The resident, and any person designated by the resident to receive information concerning the resident;

(D) The Long Term Care Ombudsman.

(b) The copy of the report shall be accompanied by a notice that informs the recipient of the right to submit additional evidence.

(6) The complaint and the investigation report shall be available to the public at the local [Senior and Disabled Services Division] division office or the type B area agency on aging, if appropriate. When the division or type B area agency on aging concludes the investigation of a complaint, the division or type B area agency on aging shall clearly designate the outcome of the complaint investigation and make the designation available to the public together with the complaint and the investigation report.

(7) A copy of the report shall be forwarded to the central office of the division, whether or not the investigation report concludes that the complaint is substantiated.

SECTION 3. ORS 443.740 is amended to read:

443.740. (1) The department shall maintain current information on all licensed adult foster homes and shall make that information available to prospective residents and other interested members of the public at local division offices or area agencies on aging licensing offices throughout the state.

(2) The information shall include:

(a) The location of the adult foster home;

(b) A brief description of the physical characteristics of the home;

(d) The license classification of the home and the date the provider was first licensed to operate that home;

(e) The date of the last inspection, the name and telephone number of the office that performed the inspection and a summary of the findings;

(f) Copies of all complaint investigations involving the home, together with the findings of [and] the department, the actions taken by the department and the outcome of the complaint investigation;

(g) An explanation of the terms used in the investigation report;

[(g)] (h) Any license conditions, suspensions, denials, revocations, civil penalties, exceptions or other actions taken by the department involving the home; and

[(h)] (i) Whether care is provided primarily by the licensed provider, a resident manager or other arrangement.

(3) Any list of adult foster homes maintained or distributed by the department or a local licensing office shall include notification to the reader of the availability of public records concerning the homes.

Approved by the Governor June 19, 2001

Filed in the office of Secretary of State June 19, 2001

Effective date January 1, 2002

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