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 1532
A-Engrossed
House Bill 3346
Ordered by the House May 22
Including House Amendments dated May 22
Sponsored by Representatives MERKLEY, SIMMONS; Representatives
GARRARD, HASS, HILL, HOPSON, KAFOURY, LEE, MORRISETTE,
ROSENBAUM, TOMEI, C WALKER, V WALKER, WIRTH (at the request of
Rick Davison)
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.
Directs Senior and Disabled Services Division to make
{ - certain - } { + complaint file summary + } information
available on Internet
{ - or provide it in timely manner - } . { + Authorizes
division to make inspection reports available on Internet. + }
Requires for-profit referral service to provide certain
information to client. Creates civil cause of action for
violations by for-profit referral services.
A BILL FOR AN ACT
Relating to information pertaining to facilities.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2001 Act:
(1) 'Discharge planning staff' means staff employed by a long
term care facility as defined in subsection (3)(a) or (b) of this
section who help a resident identify the needs of the resident
and who target appropriate resources for follow-up care after the
discharge of a resident from the facility.
(2) 'For-profit referral service' means a business that
provides information and referral services to a client who
requests help in locating a long term care facility and that:
(a) Receives a fee from either a client or a long term care
facility; or
(b) Has a pecuniary or financial interest in a long term care
facility.
(3) 'Long term care facility' means:
(a) A long term care facility as defined in ORS 442.015;
(b) A residential care facility as defined in ORS 443.400; or
(c) An adult foster home as defined in ORS 443.705 that is
licensed by the Senior and Disabled Services Division.
(4) 'Nonprofit referral service' means a business that:
(a) Provides information and referral services to a client who
requests help in locating a long term care facility; and
(b) Is registered with the Secretary of State as a domestic
nonprofit corporation formed under ORS chapter 65. + }
SECTION 2. { + (1) The Senior and Disabled Services Division
shall make the complaint file summary information maintained by
the division for long term care facilities under ORS 441.703 (1)
and (2) available to the public through a searchable Internet
website.
(2) The complaint file summary information available through
the Internet website shall contain the explanation required under
ORS 441.703 (5).
(3) If the division receives a request for complaint file
summary information on a long term care facility and the division
does not maintain information on that long term care facility,
the division shall indicate whether the information is available,
whether the information is maintained by another public agency
and how to obtain the information. + }
SECTION 3. { + (1) The Senior and Disabled Services Division
may make inspection reports for long term care facilities
conducted by the division of the facilities available to the
public through a searchable Internet website.
(2) If the division receives a request for inspection reports
for a long term care facility and the division does not have
reports for that long term care facility, the division shall
indicate whether reports are available, whether reports are
maintained by another public agency and how to obtain the
reports. + }
SECTION 4. { + (1) When a for-profit referral service refers a
client to a long term care facility, the referral service shall
provide the client with a printed copy of the complaint file
summary information described in section 2 (1) of this 2001 Act
and the inspection reports described in section 3 (1) of this
2001 Act.
(2) The referral service shall also provide the client with an
information disclosure form designed by the Senior and Disabled
Services Division that includes:
(a) An Internet website address and a telephone number to
contact the Senior and Disabled Services Division directly to
obtain complaint file summary information on and inspection
reports for long term care facilities; and
(b) A full and accurate disclosure of any pecuniary or
financial interest the referral service has in a facility to
which a client is being referred. + }
SECTION 5. { + A nonprofit referral service and discharge
planning staff employed by a health care facility shall provide a
client with a form designed by the Senior and Disabled Services
Division that includes an Internet website address and a
telephone number to contact the Senior and Disabled Services
Division directly to obtain a printed copy of the complaint file
summary information described in section 2 (1) of this 2001 Act
and the inspection reports described in section 3 (1) of this
2001 Act. + }
SECTION 6. { + (1) An individual may bring a civil action
against any person who violates section 4 of this 2001 Act.
(2) In addition to and not in lieu of any other damages that
may be claimed, a person who prevails on a claim under this
section may recover an amount not to exceed $5,000.
(3) A court may increase an award under subsection (2) of this
section to an amount not to exceed $50,000 if the court
determines that the violation was committed for commercial
advantage.
(4) The prevailing party in an action brought under this
section shall be awarded reasonable court costs and attorney fees
and all costs. + }
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