Chapter 972 Oregon Laws 2001

AN ACT

SB 512

Relating to nursing homes; appropriating money; and declaring an emergency.

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

SECTION 1. (1) The Senior and Disabled Services Division shall establish a demonstration project to:

(a) Evaluate alternate approaches to licensing and regulating nursing homes in order to improve the quality of long term care services to residents of nursing homes;

(b) Improve the performance of nursing homes on state and federal licensing surveys; and

(c) Use state resources allocated for the regulation of nursing homes more efficiently and effectively.

(2) The goals of the demonstration project are to:

(a) Improve the quality of services for residents of nursing homes;

(b) Increase the percentage of nursing homes that are in substantial compliance with licensing requirements;

(c) Decrease the adversarial nature of the regulatory process by making it more collaborative;

(d) Provide training and technical assistance to administrators and staff of nursing homes;

(e) Offer forums for nursing home administrators and staff to share information; and

(f) Develop alternate approaches to achieve regulatory compliance.

(3)(a) The division shall apply to the federal Health Care Financing Administration for a waiver of federal regulations in order to conduct licensing surveys of nursing homes participating in the demonstration project at irregular intervals.

(b) Notwithstanding ORS 441.087 (1), upon receipt of the federal waiver, the division may:

(A) Use a varied licensing survey schedule for nursing homes participating in the demonstration project; and

(B) Conduct additional licensing surveys as needed, including but not limited to the following circumstances:

(i) Change of ownership or management of the nursing home;

(ii) Change of administrator or director of nursing services; or

(iii) Multiple substantiated complaint investigations.

SECTION 2. (1) The Senior Consumer Advisory Committee is created. The committee consists of four members, as follows:

(a) One member representing the Governor's Commission on Senior Services;

(b) One member representing a local chapter of a national voluntary health organization that provides programs and services for individuals with Alzheimer's disease and related disorders;

(c) The Long Term Care Ombudsman; and

(d) One member representing consumers and advocates for individuals with long term care needs, appointed by the Senior and Disabled Services Division.

(2) The Senior Consumer Advisory Committee shall designate one of its members as chairperson. The chairperson shall call periodic meetings of the committee to monitor and assess implementation of the demonstration project described in section 1 of this 2001 Act.

SECTION 3. The Senior and Disabled Services Division shall adopt rules to carry out sections 1 and 4 of this 2001 Act.

SECTION 4. In addition to the fees set forth in ORS 441.020, the annual license fee for nursing homes for the calendar years 2002, 2003 and 2004 shall be $6.50 per bed per year.

SECTION 5. Sections 1 and 4 of this 2001 Act become operative when the Director of Human Services receives a waiver from the federal Health Care Financing Administration to conduct licensing surveys of nursing homes in the demonstration project at irregular intervals, adopts rules under section 3 of this 2001 Act and files a copy of the rules with the Secretary of State, as prescribed by ORS 183.310 to 183.550.

SECTION 6. All moneys received by the Senior and Disabled Services Division under section 4 of this 2001 Act shall be paid into the State Treasury and deposited in the General Fund to the credit of the Senior and Disabled Services Account. Such moneys are appropriated continuously to the Senior and Disabled Services Division for the purposes of section 1 of this 2001 Act.

SECTION 7. Sections 1 to 4 and 6 of this 2001 Act are repealed on June 30, 2005.

SECTION 8. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor August 16, 2001

Filed in the office of Secretary of State August 16, 2001

Effective date August 16, 2001

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