Relating to licensing of residential facility; amending ORS 443.420 and 443.440.


 
 
 
     75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 287
 
LC 1061/SB 287-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 287
 
     By COMMITTEE ON HUMAN SERVICES AND RURAL HEALTH POLICY
 
                              May 1
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 443.415, 443.440 and 443.735.'.
  Delete lines 4 through 31 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section:
  ' (a) 'Facility' means:
  ' (A) A residential training facility as defined in ORS
443.400;
  ' (B) A residential training home as defined in ORS 443.400;
  ' (C) A residential treatment facility as defined in ORS
443.400;
  ' (D) A residential treatment home as defined in ORS 443.400;
or
  ' (E) An adult foster home as defined in ORS 443.705.
  ' (b) 'Provider' means a person licensed or a person applying
for a license to operate a facility.
  ' (2) The Department of Human Services may deny, suspend,
revoke or refuse to renew a license of a provider if the
department finds that the provider operates a separate facility
that is not or has not been in substantial compliance with rules
adopted under ORS 443.400 to 443.455 or 443.705 to 443.825. + }
  '  { +  SECTION 2. + } ORS 443.415 is amended to read:
  ' 443.415. (1) Applications for licensure to maintain and
operate a residential facility shall be made to the Department of
Human Services on forms provided for that purpose by the
department. Each application shall be accompanied by a fee of $60
for facilities defined in ORS 443.400 (5), (7) and (9) and a fee
of $30 for homes defined in ORS 443.400 (8) and (10). No fee is
required of any governmentally operated residential facility.
  ' (2) Upon receipt of an application and fee, the department
shall conduct an investigation. The department shall issue a
license to any applicant for operation of a residential facility
in compliance with ORS 443.400 to 443.455 and the rules of the
director. Licensure may be denied when a residential facility is
not in compliance with ORS 443.400 to 443.455 { +  or section 1
of this 2009 Act + } or the rules of the   { - Director of Human
Services - }  { +  department + }. Licensure shall be denied if
the State Fire Marshal or other authority has given notice of
noncompliance of facilities defined in ORS 443.400 (5), (7) and
(9) pursuant to ORS 479.220.
  '  { +  SECTION 3. + } ORS 443.440 is amended to read:
  ' 443.440. The Department of Human Services may revoke or
suspend the license of any residential facility that is not
operated in accordance with ORS 443.400 to 443.455 { +  or
section 1 of this 2009 Act + } or the rules   { - adopted
thereunder - }  { +  of the department + }.  Such revocation or
suspension shall be taken in accordance with rules of the
department and ORS chapter 183. However, in cases where an
imminent danger to the health or safety of the residents exists,
 
a license may be suspended immediately pending a fair hearing not
later than the 10th day after such suspension.
  '  { +  SECTION 4. + } ORS 443.735 is amended to read:
  ' 443.735. (1) Applications for a license to maintain and
operate an adult foster home shall be made on forms provided by
the Department of Human Services. Each application shall be
accompanied by a fee of $20 per bed requested for licensing.
  ' (2) Upon receipt of an application and fee, the department
shall conduct an investigation.
  ' (3) The department shall not issue an initial license unless:
  ' (a) The applicant and adult foster home are in compliance
with ORS 443.705 to 443.825 { +  and section 1 of this 2009
Act + } and the rules of the department;
  ' (b) The department has completed an inspection of the adult
foster home;
  ' (c) The department has completed a criminal records check
under ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check shall be conducted
in accordance with rules adopted under ORS 181.534;
  ' (d) The department has checked the record of sanctions
available, including the list of nursing assistants who have been
found responsible for abuse and whose names have been added to
the registry under ORS 441.678; and
  ' (e) The applicant has demonstrated to the department the
financial ability and resources necessary to operate the adult
foster home. The department shall adopt rules as the department
deems appropriate that establish the financial standards an
applicant must meet to qualify for issuance of a license and that
protect financial information from public disclosure. The
demonstration of financial ability under this paragraph shall
include, but need not be limited to, providing the department
with a list of any unsatisfied judgments, pending litigation and
unpaid taxes and notifying the department regarding whether the
applicant is in bankruptcy. If the applicant is unable to
demonstrate the financial ability and resources required by this
paragraph, the department may require the applicant to furnish a
financial guarantee as a condition of initial licensure.
  ' (4) The department may not renew a license under this section
unless:
  ' (a) The applicant and the adult foster home are in compliance
with ORS 443.705 to 443.825 { +  and section 1 of this 2009
Act + } and the rules of the department;
  ' (b) The department has completed an inspection of the adult
foster home;
  ' (c) The department has completed a criminal records check
under ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check under this
paragraph shall be conducted in accordance with rules adopted
under ORS 181.534; and
  ' (d) The department has checked the record of sanctions
available, including the list of nursing assistants who have been
found responsible for abuse and whose names have been added to
the registry under ORS 441.678.
  ' (5)(a) In seeking an initial license and renewal of a license
when an adult foster home has been licensed for less than 24
months, the burden of proof shall be upon the provider and the
adult foster home to establish compliance with ORS 443.705 to
443.825 and the rules of the department.
  ' (b) In proceedings for renewal of a license when an adult
foster home has been licensed for at least 24 continuous months,
the burden of proof shall be upon the department to establish
noncompliance with ORS 443.705 to 443.825 and the rules of the
department.
 
  ' (6)(a) Persons who have been convicted of one or more crimes
that, as determined by rules of the department, are substantially
related to the qualifications, functions or duties of a provider,
resident manager, substitute caregiver or other household member
of an adult foster home shall be prohibited from operating,
working in or residing in an adult foster home.
  ' (b) The department shall adopt rules that distinguish the
criminal convictions and types of abuse that permanently prohibit
a person from operating, working in or living in an adult foster
home from the convictions and types of abuse that do not
permanently prohibit the person from operating, working in or
living in an adult foster home.
  ' (c) A provider may not hire, retain in employment or allow to
live in an adult foster home, other than as a resident, any
person who the provider knows has been convicted of a
disqualifying crime or has been found responsible for a
disqualifying type of abuse.
  ' (7) A license under ORS 443.725 is effective for one year
from the date of issue unless sooner revoked. Each license shall
state the name of the resident manager of the adult foster home,
the names of all providers who own the adult foster home, the
address of the premises to which the license applies, the maximum
number of residents and the classification of the home. If,
during the period covered by the license, a resident manager
changes, the provider must within 15 days request modification of
the license.  The request must be accompanied by a fee of $10.
  ' (8) No license under ORS 443.725 is transferable or
applicable to any location, persons operating the adult foster
home or the person owning the adult foster home other than that
indicated on the application for licensing.
  ' (9) The department shall not issue a license to operate an
additional adult foster home to a provider unless the provider
has demonstrated the qualifications and capacity to operate the
provider's existing licensed home or homes and has demonstrated
the ability to provide care to the residents of those homes that
is adequate and substantially free from abuse and neglect.
  ' (10) All moneys collected under ORS 443.725 to 443.780 shall
be deposited in a special account in the General Fund, and are
appropriated continuously for payment of expenses incurred by the
Department of Human Services.
  ' (11) Notwithstanding any other provision of this section or
ORS 443.725 or 443.738, the department may issue a 60-day
provisional license to a qualified person if the department
determines that an emergency situation exists after being
notified that the licensed provider of an adult foster home is no
longer overseeing operation of the adult foster home.'.
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