75th OREGON LEGISLATIVE ASSEMBLY--2009 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 430
A-Engrossed
House Bill 2138
Ordered by the House April 10
Including House Amendments dated April 10
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
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.
Prescribes new requirements for registration of continuing care
retirement communities. Adds reporting requirements for initial
and annual disclosure statements. Establishes rights of residents
and obligations of providers of continuing care retirement
communities.
A BILL FOR AN ACT
Relating to continuing care retirement communities; creating new
provisions; and amending ORS 101.020, 101.030, 101.050,
101.055, 101.060, 101.070, 101.080, 101.090, 101.110 and
101.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 101.020 is amended to read:
101.020. As used in this chapter:
{ + (1) 'Affiliated organization' means any profit or
not-for-profit corporation, limited liability company,
partnership, sole proprietorship, sponsoring entity or other form
of legal entity:
(a) That is the lessor of the real property on which the
facilities of the provider are situated;
(b) That a provider has identified in its disclosure statement
pursuant to ORS 101.050 (1)(e); or
(c) In which any director or executive officer of a provider or
of any manager of a provider has an equity or debtor financial
interest in excess of $10,000.
(2) 'Applicant' means a provider that has submitted an
application and disclosure statement to register as a continuing
care retirement community. + }
{ - (1) - } { + (3) + } 'Application fee' means a fee
charged to an individual or individuals, prior to execution of a
residency agreement, apart from an entrance fee.
{ - (2) - } { + (4) + } 'Audited financial statement' means
a provider's financial statement that has been prepared in
accordance with generally accepted accounting principles and that
has been audited by an independent certified public accountant in
accordance with generally accepted auditing standards and
includes notes to the financial statement that state whether or
not the { + continuing care retirement + } community is in
compliance with its reserve requirements.
{ - (3) - } { + (5) + } 'Closed { - system - } { +
bed + } long term care facility ' means a { + licensed + } long
term care facility in a continuing care retirement community that
is used exclusively by { - the continuing care retirement
community's residents. - } { + individuals receiving long term
care services under a residency agreement. + }
{ - (4) - } { + (6) + } 'Continuing care' means directly
furnishing or indirectly making available, upon payment of an
entrance fee and under a residency agreement, housing and health
related services { - , including nursing or assistance with
activities of daily living, - } for a period greater than one
year to an individual not related by blood or marriage to the
continuing care retirement community provider that is furnishing
care { - , whether provided in the community or in another
setting designated by the residency agreement - } .
{ - (5) - } { + (7) + } 'Continuing care retirement
community' or
{ - ' community' - } { + 'CCRC' + } means any provider that
{ + is registered with the Department of Human Services and + }
agrees to furnish continuing care to a resident under a residency
agreement.
{ - (6) 'Department' means the Department of Human
Services. - }
{ - (7) - } { + (8) + } 'Entrance fee' means an initial or
deferred transfer to a provider of a sum of money or other
property made or promised to be made as full or partial
consideration for acceptance of one or more residents in a
{ + continuing care retirement + } community. A fee that is less
than the sum of the regular periodic charges for one year of
residency is not an entrance fee.
{ + (9) 'Health related services' includes, but is not
limited to, nursing care, assistance with activities of daily
living, long term care and rehabilitative services. + }
{ - (8) - } { + (10) + } 'Living unit' means a room,
apartment, cottage or other area set aside for the exclusive use
of the resident.
{ - (9) - } { + (11) + } 'Manager' means a person,
corporation, partnership, association or other legal entity that
enters into a contractual arrangement with the provider to manage
the continuing care retirement community. However, 'manager' does
not include individuals employed by the provider or corporations
affiliated with the provider or other legal entities within the
provider's supervision or control.
{ - (10) - } { + (12) + } 'New continuing care retirement
community' { - or ' new community' - } means a { - community
established - } { + continuing care retirement community
registered + } by a provider on or after January 1, 1990. { -
' New community' - } { + 'New continuing care retirement
community' + } does not mean the remodeling or expansion of an
existing continuing care retirement community's facility on the
same or an adjacent site.
{ - (11) - } { + (13) + } 'Omit a material fact' means the
failure to state a material fact required to be stated in any
disclosure statement or registration.
{ + (14) 'Open bed long term care facility' means a licensed
long term care facility in a continuing care retirement community
that admits persons who have not signed a residency
agreement. + }
{ - (12) - } { + (15) + } 'Provider' means an owner or
operator, whether a natural person, partnership, trust, limited
liability company, corporation or unincorporated association,
however organized, of a new or existing continuing care
retirement community, whether operated for profit or not, that
provides, plans to provide or agrees to provide continuing care
{ - for an entrance fee. - } { + to one or more unrelated
residents under a residency agreement.
(16) 'Regular periodic charges' means basic monthly fees
charged to a resident on an ongoing basis. + }
{ - (13) - } { + (17) + } 'Residency agreement' means
{ - the - } { + a + } contract
{ - or contracts - } between a provider and a resident for the
provision of continuing care { + for a period greater than one
year + }.
{ - (14) - } { + (18) + } 'Resident' means a person who
enters into a residency agreement with a provider or who is
designated in a residency agreement to be a person being provided
with continuing care { - in a community - } .
{ + (19) 'Residents' council' means a body of residents of a
continuing care retirement community who are elected by the
residents and recognized by the provider as representing the
interests of the residents. + }
{ - (15) - } { + (20) + } 'Solicit' means all actions of a
provider in seeking to have individuals pay an application fee or
enter into a residency agreement by any means including, without
limitation, personal, telephone, mail or any media distributed or
communicated by any means.
SECTION 2. ORS 101.030 is amended to read:
101.030. (1) A { + new continuing care retirement
community + } provider shall register with the Department of
Human Services before the provider:
(a) Enters into a residency agreement with a nonresident;
{ - (b) Extends the terms of a resident's existing residency
agreement; or - }
{ - (c) - } { + (b) + } Solicits either a
{ + prospective + } resident or nonresident to pay an
application fee or execute a residency agreement { + ; or
(c) Collects an entrance fee + }.
(2) The provider shall apply for registration with the
department on forms prescribed by the department. The application
shall include a disclosure statement as described in ORS 101.050.
{ + The disclosure statement must include an explanation, in
boldfaced type, whether and in what manner and amount entrance
fees are refunded to prospective residents in the event a
prospective resident withdraws from the residency agreement prior
to occupancy. + }
(3) Within 10 business days after receipt of the
{ + completed + } application for registration { - from - }
{ + of + } a new continuing care retirement community, the
department shall issue a notice of filing to the
{ - provider - } applicant. Within 60 days of the notice of
filing, the department shall enter an order registering the
provider or rejecting the registration. If no order of rejection
is entered within 60 days from the date of notice of filing, the
provider shall be considered registered unless the provider
{ - has consented - } { + and the department agree + } in
writing to an extension of time. If no order of rejection is
entered within the time period as so extended, the provider shall
be considered registered.
(4) If the department determines that the requirements of ORS
101.050, { + 101.060, 101.070 and + } 101.090 { - and
101.130 - } have been met, it shall enter an order registering
the provider. If the department determines that any of the
requirements of ORS 101.050 { + , 101.060, 101.070 or 101.090 + }
{ - and 101.130 - } have not been met, the department shall
notify the applicant that the application for registration must
be corrected within 30 days in such particulars as are designated
by the department. If the requirements are not met within the
time allowed, the department may enter an order rejecting the
registration. The order shall include the findings of fact upon
which the order is based and which shall not become effective
until 20 days after the end of the foregoing 30-day period.
During the 20-day period, the applicant may petition for
reconsideration and shall be entitled to a hearing. An order of
rejection shall not take effect, in any event, until such time as
the hearing, once requested, has been given to the applicant and
a decision is rendered by the administrative law judge that
sustains the department's decision to reject the registration.
SECTION 3. ORS 101.050 is amended to read:
101.050. (1) After entry of an order registering the provider
and before the provider enters into any residency agreement with
or on behalf of the prospective resident, the provider shall
notify prospective residents of their right to review the initial
disclosure statement and shall make copies of the statement
available upon request. The initial disclosure statement shall be
available during regular business hours in the business office of
the continuing care retirement community. The text of the initial
disclosure statement shall contain the following information:
{ + (a) The rights and requirements contained in section 12
of this 2009 Act. + }
{ - (a) - } { + (b) + } The names of the individual or
individuals who constitute the provider or, if the provider is a
partnership, limited liability company, corporation or other
legal entity, whether for profit or not for profit, the
{ - names { + + }of - } { + name of the legal entity and
each of + } the officers, directors, trustees or managing general
partners of the { - provider - } { + legal entity + } and a
description of each { - such - } individual's duties on behalf
of the
{ - provider - } { + legal entity + }.
{ - (b) - } { + (c) + } The business address of the
provider and a statement of whether the provider is an
individual, partnership, limited liability company, corporation
or other legal entity.
{ - (c) - } { + (d) + } { - With respect to a provider
that is operated for profit, - } The names and business
addresses of any individual having any more than a 10 percent
{ + direct or indirect + } ownership or beneficial interest in
the provider { + , the percentage of the direct or indirect
ownership or beneficial interest + } and a description of
{ - such - } { + each + } individual's interest in or
occupation with the provider.
{ - (d)(A) - } { + (e)(A) + } A statement as to whether the
provider is or is not affiliated with any other organization of
any kind, the extent of the affiliation, if any, and the extent
to which any of the { - affiliate - } { + affiliated + }
organizations are responsible for the financial and contractual
obligations of the provider; and
(B) The provision of the Internal Revenue Code, if any, under
which the provider or any { - of the provider's affiliates - }
{ + affiliated organization + } is exempt from the payment of
federal income taxes.
{ - (e) - } { + (f) + } The location and general
description of the continuing care retirement community { + ,
including the location and number of living units and licensed
long term care beds considered part of the CCRC, + } and any
other care facilities { - , both existing and proposed, - }
owned or operated by the provider. The provider must disclose the
following about any proposed continuing care retirement community
or other care facilities:
(A) The estimated completion date or dates;
(B) A statement as to whether or not construction has begun;
and
(C) Any contingencies subject to which construction may be
deferred.
{ + (g) The number of open bed long term care facility beds
operated by the CCRC. + }
{ - (f) - } { + (h) + } A description of services provided
or proposed to be furnished by the provider under its residency
agreements including, without limitation { - , - } { + :
(A) + } The extent to which medical care { - or assisted
living is - } { + , long term care or health related services
are + } furnished, { + and the locations where the services will
be furnished. If the services are furnished at a facility that is
not registered as part of the CCRC's campus, the provider shall
state the location where the services are furnished and any
additional fees associated with the services; and
(B) + } The services made available by the continuing care
retirement community at an extra charge over and above the
entrance fee { + . + } { - and periodic charges provided for in
the residency agreement. - }
{ - (g) - } { + (i) + } A description of all fees required
of each resident, including the entrance fee, { + regular + }
periodic charges and the manner in which any additional fees or
{ + regular + } periodic charges will be determined. The
description shall include:
(A) The circumstances under which the resident will be
permitted to remain in the continuing care retirement community
in the event the resident is unable to pay { + regular + }
periodic or other charges;
(B) The terms and conditions under which the residency
agreement may be canceled by the provider or the resident or in
the event of the death of the resident prior to or following
occupancy of the living unit;
(C) The percentage of the entrance fee refund required by ORS
101.080 and the manner in which this percentage is calculated;
(D) The conditions under which a living unit occupied by a
resident may be made available by the provider to another
resident other than on the death of the resident executing the
residency agreement;
(E) The manner by which the provider may adjust
{ + regular + } periodic charges or other recurring fees;
{ - and - }
(F) A statement of the fees to be charged if the resident
marries or divorces while at the designated continuing care
retirement community, the terms concerning { - the entry or
departure of a spouse to the community - } { + a resident's
spouse's entry to or departure from a CCRC + } and the
consequences if a new spouse does not meet the requirements for
entry { + ; and
(G) The terms and conditions for the transfer of a resident out
of the CCRC + }.
{ - (h) - } { + (j) + } The provider's most recent audited
financial statement prepared in accordance with generally
accepted accounting principles by a certified public accountant.
This audited financial statement { - shall - } { + must + }
not have been prepared more than 16 months prior to the date of
the initial application for registration.
{ - (i) - } { + (k) + } A copy of the residency agreement
or agreements offered to the prospective resident by the
provider.
{ - (j) - } { + (L) + } A statement on the cover page in a
prominent location and typeface that registration of the
continuing care retirement community does not constitute
approval, recommendation or indorsement of the
{ - community - } { + CCRC + } by the Department of Human
Services, and that such registration does not evidence the
accuracy or completeness of the information set forth in the
disclosure statement.
{ - (k) - } { + (m) + } Copies of the primary written
brochures and written promotional materials furnished to
prospective residents.
{ + (n) A full description of all contracts that the provider
has entered into with affiliated organizations and an explanation
of the financial impact that the contracts may have on residents.
(o) An affidavit signed by an authorized representative of the
CCRC confirming that the application and disclosure statement are
complete and accurate. + }
(2) Any { - person - } { + individual or legal entity + }
named in subsection { - (1)(a) or (c) - } { + (1)(b) or
(d) + } of this section and any proposed or existing manager must
disclose:
(a) Business experience in operation or management of the
continuing care retirement community or other { + licensed long
term care + } facilities;
(b) Whether the person { - or manager - } has been convicted
of a crime;
(c) Whether the person { - or manager - } has been a party
to any civil action in which a judgment for damages was obtained
or in which an injunction was issued against the person { - or
proposed manager - } for fraud, embezzlement, fraudulent
conversion or misappropriation of property;
(d) Whether the person { - or manager - } has had any state
or federal permits or licenses suspended or revoked { + , or if a
state or federal authority has disqualified the person from
providing services in the Medicare or Medicaid program + } in
connection with the { - person or proposed manager's - } { +
person's + } business activities; and
(e) The identity of any business or professional service entity
in which the person { - or proposed manager - } has a 10
percent or greater ownership interest and which the provider
intends to employ to provide goods, services or any other things
of value.
(3) In the event subsection (2)(e) of this section applies, the
person { - or manager - } must disclose the anticipated costs
to the provider or a statement that such costs cannot presently
be estimated.
(4) In addition to complying with all the provisions of this
section, the provider must submit on behalf of a new continuing
care retirement community a statement of the anticipated source
and application of funds used or to be used in the purchase or
construction of the { - community - } { + CCRC + },
including:
(a) An estimate of the cost of purchasing or constructing and
equipping the { - community which - } { + CCRC that + } the
provider expects to incur or become obligated for prior to the
commencement of the operation of the { - community - } { +
CCRC + };
(b) A description of any mortgage loan or other long term
financing intended to be used for the financing of the
{ - community - } { + CCRC + };
(c) An estimate of the total entrance fees to be received from
the residents at or prior to the commencement of operation of the
continuing care retirement community based on projected occupancy
at the time the { - community - } { + CCRC + } commences
operation; and
(d) An estimate of the funds, if any, anticipated to be
necessary to pay for start-up losses.
SECTION 4. ORS 101.055 is amended to read:
101.055. (1) The governing body or a designated representative
of the provider shall hold meetings with the
{ - residents of the continuing care retirement community - }
{ + residents' council or meetings that are open to all of the
residents in a continuing care retirement community + } at least
twice a year for the purpose of free discussion of subjects that
may include, but are not limited to, facility income,
expenditures, financial trends, resident concerns and proposed
changes in policy, programs and services. The meetings shall be
open to a designated personal representative of a resident.
{ - The provider shall report the dates of the meetings in the
annual disclosure statement to the Department of Human
Services. - } { + In addition, the provider shall present for
discussion any issue the residents' council or any resident of
the CCRC identifies orally or in writing 14 days or more prior to
the date of the meeting. + }
(2) The provider shall give residents { + at least 45
days' + } notice of proposed changes in fees { + , regular
periodic charges + } or services { + . + } { - and allow
residents a reasonable opportunity to comment on the proposed
changes before they become effective. - } { + At least 30 days
before an increase in regular periodic charges takes effect, the
provider shall hold a meeting with the residents' council or a
meeting that is open to all of the residents of a CCRC to present
the reasons for the proposed increase and any data supporting the
need for the increase. A meeting described in subsection (1) of
this section may be used for this purpose. At least 14 days prior
to the meeting, the provider shall post in a conspicuous location
and make available to each resident an agenda for the meeting. At
the meeting, the provider shall make available an accounting of:
(a) Actual and projected income and expenses for the CCRC's
current fiscal year;
(b) Projected income and expenses for the following fiscal
year; and
(c) The current charges for each living unit in the CCRC and
the proposed increase to each charge.
(3) A provider shall review the CCRC budget with the residents'
council or a committee appointed by the council during the budget
planning process.
(4) A provider shall make available to the residents' council
or a committee appointed by the council, at least twice each
year, a financial statement for the CCRC that compares actual
costs to budgeted costs, broken down by expense category.
(5) A provider shall maintain and make available to any
resident, upon request, minutes of the meetings of the provider's
governing body. The provider may remove from the minutes
information regarding any matters discussed in executive session
or that relate to litigation, personnel, competitive advantage or
an individual resident's personal affairs, but may not remove
information regarding the annual budget, increases in regular
periodic charges, provider indebtedness or expansion in new or
existing facilities. A provider shall retain the minutes for no
less than three years from the date the minutes were created.
(6) The governing body of a provider shall allow at least one
resident from each CCRC operated in this state by the provider to
participate as a nonvoting resident representative on the
governing body or along with the owners or managers. The resident
representative may be excluded from any executive session and
from discussion of confidential matters or matters related to
litigation, personnel, competitive advantage or an individual
resident's personal affairs. The resident representative may not
be excluded from discussion of matters relating to the annual
budget, increases in regular periodic charges, provider
indebtedness or expansion in new or existing facilities.
(7) The resident representative described in subsection (6) of
this section and the representative's alternate must be elected
by a majority vote of the residents' council of each CCRC or by a
majority vote of all residents of a CCRC. The representative is
responsible for submitting the representative's name, address,
electronic mail address and telephone number to the provider. The
provider may establish the term for representatives and the
procedures for election and replacement of a representative and
an alternate.
(8) A provider shall send to each resident representative and
alternate, at the same time and in the same manner as other
members of the governing body, owners or managers of the
provider, the notice of meeting and any written materials
relevant to the discussions in which the resident representative
may participate under subsection (6) of this section.
(9) The provider shall pay all reasonable travel expenses for a
resident representative or alternate to attend meetings of the
governing body and meetings of governing body committees.
(10) Nothing in this chapter prohibits a provider from allowing
greater resident participation than the minimum requirements set
forth in this chapter including, but not limited to, the
requirement:
(a) Under subsection (1) of this section to hold meetings with
the residents' council or meetings that are open to all of the
residents twice each year.
(b) Under subsection (6) of this section to allow one elected
resident representative for each CCRC to participate in the
provider's governing body or along with owners or managers. + }
SECTION 5. ORS 101.060 is amended to read:
101.060. (1) A provider shall establish and maintain at all
times:
(a) A debt service liquid reserve in an amount equal to or
exceeding the total of all principal and interest payments due
during the next 12 months on account of a mortgage loan or other
long term financing of the continuing care retirement community
taking into consideration any anticipated refinancing; and
(b) An operating liquid reserve in an amount equal to or
exceeding the total of the { - community's - } { + CCRC's + }
projected operating expenses for three months. { + For the
purpose of calculating the amount required for the operating
liquid reserve, projected operating expenses include any
anticipated expenses associated with providing housing or health
related services under all residency agreements. + }
(2) The Department of Human Services may require a provider not
meeting its reserve requirements to place the reserves in an
escrow account.
(3) The notes to the provider's annual audited financial
statements shall state whether or not the reserve requirements
have been met.
(4) The department may allow withdrawal or borrowing from the
reserves in an amount not greater than 20 percent of the
provider's total { + required + } reserves. The withdrawal or
borrowing can be approved by the department only if required for
making an emergency repair or replacement of equipment, to cover
catastrophic loss that is not able to be covered by insurance or
for debt service in a potential default situation. No withdrawal
or borrowing may be made from a reserve without the approval of
the department. All funds borrowed shall be repaid to the reserve
within 18 months in accordance with a payment plan approved by
the department.
SECTION 6. ORS 101.070 is amended to read:
101.070. (1) As a condition of registration for a new { +
continuing care retirement + } community, the Department of Human
Services shall require that the provider establish an escrow
account with a bank, trust company or other escrow agent and that
any entrance fees received by the provider prior to the date the
resident is permitted to occupy the living unit in the
{ - community - } { + CCRC + } be placed in the escrow account.
(2) { - These funds shall be released by the department at
such time - } { + Upon written request by the provider, the
department shall approve the release of the funds from escrow
if + } the department is satisfied that:
(a) The provider { + has received a certificate of occupancy
by local authorities and + } has collected no less than 10
percent of each individual resident's entrance fee for no less
than 50 percent of the total number of units;
(b) Anticipated proceeds of any first mortgage loan or other
long term financing commitment plus funds from other sources in
the actual possession of the provider are equal to not less than:
(A) Fifty percent of the aggregate cost of constructing or
purchasing and equipping and furnishing the { - community - }
{ + CCRC + }; and
(B) Fifty percent of the funds, which the provider estimated in
its disclosure pursuant to ORS 101.050, to fund start-up losses
of the { - community - } { + CCRC + }; and
(c) A commitment has been received by the provider for any
permanent mortgage loan or other long term financing commitment,
which commitment the provider disclosed pursuant to ORS 101.050,
and any conditions of this commitment prior to disbursement of
funds thereunder, other than completion of the construction or
closing of the purchase of the { - community - } { +
CCRC + }, have been substantially satisfied.
(3) In the event a prospective resident withdraws from the
residency agreement prior to occupancy, the entrance fee
described in ORS 101.080 { - shall - } { + may + } not be
refunded to the prospective resident until such time as the
prospective resident's unit has been resold.
(4) If the entrance fees in an escrow account are not released
within { - 36 - } { + 48 + } months after the escrow account
is opened, entrance fees paid, less the escrow fee, shall be
returned to the residents unless an extension is granted by the
department.
(5) Nothing in this section requires the escrow of any
nonrefundable application fee charged to prospective residents.
(6) An entrance fee held in escrow may be returned by the
escrow agent, at any time, to the person or persons who paid the
fee to the provider upon receipt by the escrow agent of notice
from the provider that such person is entitled to a refund of the
entrance fee.
SECTION 7. ORS 101.080 is amended to read:
101.080. (1) Any provider that requires any resident, as a
condition of occupancy or use of the facility, to pay an entrance
fee, prior to or during the first six months of occupancy in
addition to monthly payments, shall provide that a percentage of
that entrance fee be refunded to the resident if the residency
agreement is terminated, other than by reason of death of the
resident, within the first six months of occupancy.
(2) The percentage of the entrance fee to be refunded and the
manner in which this percentage is calculated shall be written in
boldfaced type in the residency agreement and disclosed in the
initial { + and annual + } disclosure { - statement - } { +
statements + } required by ORS 101.050 { + and 101.130 + }.
SECTION 8. ORS 101.090 is amended to read:
101.090. A closed { - system - } { + bed + } long term care
facility shall be subject to the same requirements as all other
long term care facilities, as defined by ORS 442.015, except that
it shall be exempt from the certificate of need process provided
by ORS 442.315. However, any closed { - system - } { +
bed + } long term care facility which initiates under this
exemption any new institutional health services, as defined in
ORS 442.015, and which subsequently accepts patients who are not
residents of the continuing care retirement community, shall
become subject to certificate of need review for such new
institutional health services at the time that nonresident
patients begin to be admitted.
SECTION 9. ORS 101.110 is amended to read:
101.110. (1) The registration of a provider shall remain in
effect until revoked, after notice and hearing, upon written
findings of fact by the Department of Human Services that the
provider has:
(a) { - Willfully - } Violated any provision of this chapter
or any rule or order adopted under this chapter;
(b) Failed to file an annual disclosure statement required by
ORS 101.130;
(c) Failed to make available to prospective and current
residents the disclosure statements required by ORS 101.050 and
101.130;
(d) Delivered to prospective residents a disclosure statement
as provided by ORS 101.050 and 101.130 that makes an untrue
statement of material fact or omits a material fact and the
provider, at the time of the delivery of the disclosure
statement,
{ - had actual knowledge - } { + knew or should have
known + } of the misstatement or omission; { - or - }
(e) Failed to comply with the terms of a cease and desist order
described in ORS 101.120 { - . - } { + ;
(f) Failed to establish and maintain reserves required by ORS
101.060; or
(g) Failed to place reserves in an escrow account when required
by the department under ORS 101.060. + }
(2) Findings of fact in support of revocation, if set forth in
statutory language, shall be accompanied by a concise and
explicit statement of the underlying facts supporting the
findings.
(3) If the department finds, after notice and hearing, that the
provider has been guilty of a violation for which revocation
could be ordered, it may first issue a cease and desist order. If
the cease and desist order is or cannot be effective in remedying
the violation, the department may, after notice and hearing,
order that the registration be revoked.
{ + (4) If the department revokes a provider's registration,
the provider shall supply the department with a list of the names
and addresses of all residents who have entered into residency
agreements with the provider. + }
SECTION 10. ORS 101.130 is amended to read:
101.130. (1) The provider shall file { - annually - } with
the Department of Human Services an annual disclosure statement
{ + for the provider's fiscal year that satisfies the
requirements of this section and ORS 101.050. + } { - for the
end of the provider's fiscal year. - } The statement shall be
filed within four months following the end of the provider's
fiscal year unless the time is extended by the department.
(2) { + In addition to the information required for an initial
statement under ORS 101.050, + } the annual disclosure statement
shall
{ - consist of - } { + include:
(a) + } An audited financial statement prepared in accordance
with generally accepted accounting principles for the preceding
fiscal year { + ; + } { - and - }
{ + (b) A disclosure of + } { - shall disclose - } any
change in ownership or manager { - . - } { + ;
(c) The frequency of residents' council meetings and the dates
of the meetings; and
(d) Copies of all notices of changes in regular periodic
charges or notices of proposed changes in fees or services that
were given to residents during the provider's most recently
completed fiscal year.
(3) To amend an annual disclosure statement, a provider shall
file all amended documents and new materials with the
department. + }
SECTION 11. { + Section 12 of this 2009 Act is added to and
made a part of ORS chapter 101. + }
SECTION 12. { + (1) A provider must assist a resident, upon
request, in the exercise of the resident's rights as a citizen of
the United States and as a resident of this state. A resident has
the right to exercise all rights that do not infringe upon the
rights or safety of other residents.
(2) A resident has the right to review a provider's disclosure
statements.
(3) A provider may not discriminate or impose any requirement
or restriction based on sex, marital status, race, color, sexual
orientation or national origin of a resident, a prospective
resident or a resident's visitor.
(4) A provider shall make reasonable accommodations to ensure
that services are accessible to residents who have disabilities.
(5) A provider shall treat each resident with respect and
dignity at all times, and ensure privacy for each resident during
rehabilitation or treatment and when receiving personal care
services.
(6) A resident has the right to associate and communicate
privately with persons of the resident's choice and to send and
receive mail that is not opened by the provider.
(7) A resident has the right to be free from abuse as defined
in ORS 124.005.
(8) The residents' council has the right to meet with the
provider no less than twice each year and must be allowed free
discussion at the meetings of subjects that may include, but need
not be limited to, facility income, expenditures, financial
trends, resident concerns, proposed changes in policy, programs
and services, and any other issue identified by the council or a
resident under ORS 101.055 (1).
(9) A resident has the right to participate in social,
religious and community activities at the discretion of the
resident.
(10) A resident has the right to be fully informed, prior to or
at the time of admission and during the resident's period of
residency, of services available in the continuing care
retirement community, whether the provider participates in the
Medicare or Medicaid programs and the consequences of the
participation or lack of participation by the provider in the
Medicare or Medicaid programs.
(11) A resident has the right to refuse medication, treatment,
care or participation in clinical trials or other research.
(12) A resident has the right to obtain treatment, care and
services, including but not limited to home health and hospice
care, from persons providing health care who have not entered
into a contract with or are not affiliated with the provider,
subject to policies of the CCRC regarding the provision of
services by persons that are not under contract.
(13) A resident has the right to submit grievances and to
suggest changes in policies and services either orally or in
writing to staff or other individuals without fear of restraint,
interference, coercion, discrimination or reprisal by the
provider. A provider must listen to and respond promptly to a
grievance or suggestion from a resident.
(14) A resident has the right to be free from harassment by
other residents and to peaceful enjoyment of the CCRC without
interference from other residents.
(15) A provider shall keep clinical and personal records of
residents confidential. A resident or an authorized
representative of the resident has the right to a prompt
inspection of the records pertaining to the resident's care. The
provider shall provide photocopies or electronic copies of a
resident's records to the resident or the authorized
representative at a reasonable charge.
(16) A resident has the right to receive 30 days' prior notice
of proposed changes in fees or services. The provider must allow
residents a reasonable opportunity to comment on the proposed
changes before the changes become effective. + }
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