Chapter 897
AN ACT
SB 958
Relating to in-home care agencies; creating new provisions; and
amending ORS 443.315, 443.325 and 443.345.
Be It Enacted by the People of
the State of
SECTION 1. ORS 443.315 is amended to read:
443.315. (1) A person [shall] may
not operate or maintain an in-home care agency or purport to operate or
maintain an in-home care agency without obtaining a license from the Department
of Human Services.
(2) The department shall
establish requirements and qualifications for licensure under this section by
rule. The department shall issue a license to an applicant that has the
necessary qualifications and meets all requirements established by rule,
including the payment of required fees. An in-home care agency shall be
required to maintain administrative and professional oversight to ensure the
quality of services provided.
(3) Application for a
license required under subsection (1) of this section shall be made in the form
and manner required by the department by rule and shall be accompanied by any
required fees.
[(4) The department shall adopt a schedule of required fees by rule. The
fee for initial licensure shall not exceed $500 per subunit of an in-home care
agency. The fees established under this subsection are subject to the prior
approval of the Oregon Department of Administrative Services
and, if their adoption occurs between regular sessions of the Legislative
Assembly, a report to the Emergency Board. The fees shall not exceed the
cost of administering the provisions of ORS 443.305 to 443.350.]
(4) A license may be
granted, or may be renewed annually, upon payment of a fee as follows:
(a) For the initial
licensure of an in-home care agency:
(A) $1,500; and
(B) An additional $750
for each subunit.
(b) For renewal of a
license:
(A) $750; and
(B) An additional $750
for each subunit.
(c) For a change of
ownership at a time other than the annual renewal date:
(A) $350; and
(B) An additional $350
for each subunit.
(5) A license issued
under this section is valid for one year. A license may be renewed by payment
of the required renewal fee [established
by rule,] and by demonstration of compliance with requirements for renewal
established by rule.
(6) A license issued
under this section is not transferable.
(7) The department
shall conduct an on-site inspection of each in-home care agency prior to
services being rendered and once every three years thereafter as a requirement
for licensing.
SECTION 2. ORS 443.325 is amended to read:
443.325. [(1)] The Department of Human Services
may impose a civil penalty in the manner provided in ORS 183.745 and
deny, suspend or revoke the license of any in-home care agency licensed under
ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules
adopted thereunder. A failure to comply with ORS 443.305 to 443.350
includes, but is not limited to:
(1) Failure to provide a
written disclosure statement to the client or the client’s representative prior
to in-home care services being rendered;
(2) Failure to provide
the contracted in-home care services; or
(3) Failure to correct
deficiencies identified during a department inspection.
[(2) Action under this section shall be taken in accordance with ORS
chapter 183.]
SECTION 3. Section 4 of this 2007 Act is added to and
made a part of ORS 443.305 to 443.350.
SECTION 4. (1) Notwithstanding the existence and
pursuit of any other remedy, the Department of Human Services may, in the
manner provided by law, maintain an action in the name of the state for
injunction or other process against any person to restrain or prevent the
establishment, conduct, management or operation of an in-home care agency
without a license. The department may recover attorney fees and court costs for
any such action.
(2) If an in-home care
agency is found to be operating without a valid license, the in-home care
agency must provide notice to its clients in a manner and period of time set
forth by the department.
SECTION 5. ORS 443.345 is amended to read:
443.345. All [fees] moneys received pursuant to
ORS 443.315 and 443.325 and section 4 of this 2007 Act shall be
deposited in the State Treasury and credited to an account designated by the
Department of Human Services. Such moneys are continuously appropriated to the
department for the administration of ORS 443.305 to 443.350.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date January 1, 2008
__________