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 1776
Minority Report
A-Engrossed
Senate Bill 210
Ordered by the Senate March 22
Including Senate Minority Report Amendments dated March 22
Sponsored by nonconcurring members of the Senate Committee on
Health and Human Services: Senators CARTER, SHIELDS
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.
Requires appropriate division of Department of Human Services
or area agency on aging to clearly designate in file outcome of
complaint investigation against adult foster home.
{ - Prohibits civil or criminal immunity for participants in
complaint process who knowingly or intentionally submit false
complaint or testimony. - }
A BILL FOR AN ACT
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) + } Anyone who makes a report under ORS
443.705 to 443.825, and 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
restriction of otherwise lawful access to the 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 of a
complaint pursuant to this section who has reasonable grounds for
the making thereof shall have immunity from any liability, civil
or criminal, that might otherwise be incurred or imposed with
respect to the making or content of such complaint. Any such
participant shall have the same immunity with respect to
participating in any judicial proceeding resulting from such
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;
(C) The facility; and
(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;
(c) The name and mailing address of the provider;
(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.
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