71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 937
House Bill 2468
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Dan Gardner
for Office of the Governor)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Changes license fees for long term care facilities and
residential care facilities.
A BILL FOR AN ACT
Relating to care facility licensing fees; creating new
provisions; and amending ORS 441.020, 443.415 and 443.425.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 441.020 is amended to read:
441.020. (1) Licenses for health care facilities except long
term care facilities, as defined in ORS 442.015, shall be
obtained from the Health Division.
(2) Licenses for long term care facilities shall be obtained
from the Senior and Disabled Services Division.
(3) Applications shall be upon { - such - } { + the + }
forms and { - shall - } contain { - such - } { + the + }
information { - as - } { + that + } the appropriate division
may reasonably require { - , which - } { + and + } may include
affirmative evidence of ability to comply with { - such - }
reasonable standards and rules { - as may - } lawfully
{ - be - } prescribed under ORS 441.055.
(4) { - Each - } { + An + } application shall be
accompanied by the license fee. If the license is denied, the fee
shall be refunded to the applicant. If the license is issued, the
fee shall be paid into the State Treasury to the credit of the
appropriate division for carrying out the functions under ORS
441.015 to 441.063 and 431.607 to 431.619.
(5) Except as otherwise provided in subsection (6) of this
section, for hospitals with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty or more beds but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred or more beds, the annual license fee shall be
$3,400.
(6) For long term care facilities { + , the annual license fee
shall be $20 per bed. + } { - with: - }
{ - (a) Fewer than 16 beds, the annual license fee shall be
up to $120. - }
{ - (b) Sixteen beds or more but fewer than 50 beds, the
annual license fee shall be up to $175. - }
{ - (c) Fifty beds or more but fewer than 100 beds, the
annual license fee shall be up to $350. - }
{ - (d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be up to $450. - }
{ - (e) Two hundred beds or more, the annual license fee
shall be up to $580. - }
(7) For special inpatient care facilities with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty beds or more but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred beds or more, the annual license fee shall be
$3,400.
(8) For ambulatory surgical centers, the annual license fee
shall be $1,000.
(9) For birthing centers, the annual license fee shall be $250.
(10) During the time the licenses remain in force holders
thereof are not required to pay inspection fees to any county,
city or other municipality.
(11) Any health care facility license may be indorsed to permit
operation at more than one location. In such case the applicable
license fee shall be the sum of the license fees which would be
applicable if each location were separately licensed.
(12) Licenses for health maintenance organizations shall be
obtained from the Director of the Department of Consumer and
Business Services pursuant to ORS 731.072.
SECTION 2. { + Notwithstanding ORS 441.020 (6), the annual
license fee for long term care facilities for the 2002 calendar
year shall be $10 per bed. + }
SECTION 3. ORS 443.415 is amended to read:
443.415. (1) Applications for licensure to maintain and operate
a residential facility shall be made to the department on forms
provided for that purpose by the department. { - Each - }
{ + An + } application shall be accompanied by a fee of { + $40
per bed for a facility defined in ORS 443.400 (5), a fee of + }
$60 for facilities defined in ORS 443.400 { - (5), - } (7) and
(9) and a fee of $30 for homes defined in ORS 443.400 (8) and
(10). No fee is required of any governmentally operated
residential facility.
(2) Upon receipt of an application and fee, the department
shall cause an investigation to be made by the appropriate
divisions, as determined by the director. The department shall
issue a license to { - any - } { + an + } applicant for
operation of a residential facility in compliance with ORS
443.400 to 443.455 and 443.991 (2) and the rules of the director.
Licensure may be denied when a residential facility is not in
compliance with ORS 443.400 to 443.455 and 443.991 (2) or the
rules of the director. Licensure shall be denied if the State
Fire Marshal or other authority has given notice of noncompliance
of facilities defined in ORS 443.400 (5), (7) and (9) pursuant to
ORS 479.220.
SECTION 4. ORS 443.425 is amended to read:
443.425. (1) Licensure under ORS 443.415 is effective for two
years from the date of issue unless sooner revoked. Each license
shall state the name of the person operating the residential
facility; the name of the person who owns the facility; the
address of the premises to which the license applies and the
maximum number of residents to be maintained in such residential
facility at any time whether the residential facility is licensed
as a residential training facility, a residential treatment
facility, a residential care facility; a residential training
home or residential treatment home and such other information as
the department considers necessary.
(2) A license is renewable upon submission of an application to
the department and payment of a fee of { + $40 per bed for a
facility defined in ORS 443.400 (5), a fee of + } $60 for
facilities licensed under ORS 443.400 { - (5), - } (7) and (9)
and a fee of $30 for homes licensed under ORS 443.400 (8) and
(10). No fee shall be required of a governmentally operated
residential facility. Filing of an application for renewal before
the date of expiration of a license extends the effective date of
expiration of the license until the department has acted upon
such application. The department shall refuse to renew a license
if the facility is not substantially in compliance with all
applicable laws and rules, or if the State Fire Marshal or the
authorized representative thereof has given notice of
noncompliance of facilities under ORS 443.400 (5), (7) and (9)
pursuant to ORS 479.220.
SECTION 5. { + Notwithstanding ORS 443.415 (1) and 443.425
(2), for the 2002 and 2003 calendar years, an application for a
license or renewal of a license for a facility defined in ORS
443.400 (5) shall be accompanied by a fee of $30 per bed. + }
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