71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 512
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES (at the
request of Oregon Health Care Association and Oregon Alliance
of Senior and Health Services)
CHAPTER ................
AN ACT
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. + }
Enrolled Senate Bill 512 (SB 512-B) Page 1
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. + }
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Enrolled Senate Bill 512 (SB 512-B) Page 2
Passed by Senate June 20, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 30, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 512 (SB 512-B) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 512 (SB 512-B) Page 4