Chapter 443 — Residential
Care; Adult Foster Homes; Hospice Programs
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
RESIDENTIAL CARE; FOSTER HOMES; HOSPICES
PUBLIC HEALTH AND SAFETY
QUALITY CARE
443.001 Quality
Care Fund; rules
443.002 Providers
with multiple facilities
443.004 Criminal
records check required for employees and volunteers providing direct care;
rules
HOME HEALTH CARE PROVIDERS
443.005 Definitions
for ORS 443.005 to 443.105
443.015 License
required; renewal, transferability of license
443.019 Requirement
for on-site inspection
443.025 Hospitals
exempt from certain requirements if standards are met
443.035 License
fees; renewal; disposition of funds
443.045 Denial,
suspension and revocation of licenses; penalties
443.055 Governing
body of home health agencies
443.065 General
requirements for home health agencies
443.075 Services
and supplies prescribed by physician or nurse practitioner
443.085 Rules
443.090 Exemption
from in-home care agency licensing requirements
443.095 Applicability
of laws to domestic service
443.100 License
required for caregiver registry
443.105 Rules
DOMICILIARY CARE FACILITIES
443.205 Definitions
for ORS 443.215 and 443.225
443.215 Policy
443.225 Location
and capacity of domiciliary care facilities
IN-HOME CARE AGENCIES
443.305 Definitions
for ORS 443.305 to 443.350
443.315 License
required; application; rules; fees
443.325 Grounds
for denial, suspension or revocation of license; penalties
443.327 Injunctive
relief; attorney fees and costs; notice to clients
443.340 Rules
443.345 Disposition
of moneys
443.350 Applicability
443.355 Complaint
procedures; rules
RESIDENTIAL FACILITIES AND HOMES
443.400 Definitions
for ORS 443.400 to 443.455
443.405 Exclusions
from definition of “residential facility”
443.410 Single
license required
443.415 License
applications; fee; investigations; grounds for issuance and denial of license
443.420 Qualifications
for license
443.422 Siting
of licensed residential facilities
443.424 Expansion
of capacity of residential care facilities and adult foster homes; reports to
Legislative Assembly
443.425 License
term; contents; renewal; fee
443.430 Transferability
of license; disposition of license fees
443.435 Inspection
of facilities
443.437 Choice
of prescription and nonprescription drugs and supplies
443.440 Revocation
and suspension of licenses; procedure
443.445 Persons
admissible at facilities and homes; transfer of persons requiring certain
treatment; operation of facilities by persons relying on spiritual means for
healing
443.450 Rules
443.452 Waiver
procedure
443.455 Civil
penalties; rules
443.460 Exemptions
443.465 Secure
residential treatment homes and facilities; rules
REGISTERED RESIDENTIAL FACILITIES
443.480 Definitions
for ORS 443.480 to 443.500
443.485 Registration
required; fee; rules; civil penalty; grounds for suspension or revocation of
registration
443.490 Waiver
of registration
443.495 Exemptions
443.500 Investigation
of registered facilities; access to facilities
ADULT FOSTER HOMES
443.705 Definitions
for ORS 443.705 to 443.825
443.715 Exclusions
from definition of “adult foster home”
443.720 Findings
of Legislative Assembly
443.725 License
required; on-site provider required; exception; rules
443.730 Information
regarding substitute caregivers required; standards; educational requirements;
rules
443.733 Collective
bargaining
443.735 Issuance
of license; fee; standards; renewal; burden of proof; rules
443.738 Educational
standards for providers, managers and caregivers; rules; exception; duties of
providers
443.739 Rights
of residents
443.740 Information
on licensed adult foster homes; availability; content
443.742 Annual
continuing education requirements; rules
443.745 Denial,
suspension or revocation; conditional license; review
443.755 Entry
and inspection of homes; access to residents; inspection report; fire
inspection
443.760 Application
of single family dwelling code requirements to home; rules; evacuation
requirement; lease rate
443.765 Complaint
procedure; retaliation prohibited; notice of rates and rules; liability for
complaints
443.767 Investigation
of complaint; rules
443.769 Public
disclosure of investigatory information
443.775 Rules;
level of care; exception to limit on residents with nursing care needs; reports
on exceptions; provider duties; enforcement; civil penalties
443.780 Exemption
where county has licensing and inspection program
443.785 Admission
of Medicaid recipients
443.790 Authority
to impose civil penalty; factors to be considered; rules
443.795 Civil
penalty; notice; hearing
443.815 Judicial
review of penalties
443.825 Disposition
of penalties recovered
DEVELOPMENTAL DISABILITY CHILD FOSTER
HOMES
443.830 Definitions
for ORS 443.830 and 443.835
443.835 Certificate
required; rules
HOSPICE PROGRAMS
443.850 Definitions
for ORS 443.850 to 443.869
443.860 License
required; rules; fees
443.861 Moneys
to be deposited to Public Health Account
443.864 Suspension,
revocation or denial of license
443.869 Civil
penalties
RESIDENT PROTECTIONS
443.875 Notice
of substantiated abuse
443.880 Responsibilities
of residential facility regarding property of resident
443.881 Transfer
of property; undue influence
ALZHEIMER’S DISEASE
443.885 Registration
of certain facilities
443.886 Special
indorsement required; standards; fees; rules
MISCELLANEOUS
443.888 Exemption
from ad valorem property taxation for certain facilities; certification
PENALTIES
443.991 Penalties
QUALITY CARE
443.001 Quality Care Fund; rules.
The Quality Care Fund is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the Quality Care Fund shall
be credited to the Quality Care Fund. Moneys in the fund are continuously
appropriated to the Department of Human Services and the Oregon Health
Authority for training, technical assistance, quality improvement initiatives
and licensing activities to ensure that high standards for quality of care are
met in accordance with rules adopted with respect to:
(1)
A long term care facility as defined in ORS 442.015;
(2)
A residential facility as defined in ORS 443.400, including but not limited to
an assisted living facility; and
(3)
An adult foster home as defined in ORS 443.705. [2009 c.837 §1; 2009 c.828 §78]
Note:
443.001 to 443.004 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 443 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
443.002 Providers with multiple facilities.
(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 or the Oregon Health Authority may deny,
suspend, revoke or refuse to renew a license of a provider if the department or
authority 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. [2009 c.418 §1; 2009 c.828 §30]
Note: See
note under 443.001.
443.004 Criminal records check required
for employees and volunteers providing direct care; rules.
(1) The Department of Human Services or the Oregon Health Authority shall
complete a criminal records check under ORS 181.534 on:
(a)
An employee of a residential facility or an adult foster home;
(b)
Any individual who is paid directly or indirectly with public funds who has or
will have contact with a recipient of support services or a resident of an
adult foster home or a residential facility; and
(c)
A home care worker registering with the Home Care Commission or renewing a
registration with the Home Care Commission.
(2)(a)
A home health agency shall conduct a criminal background check before hiring or
contracting with an individual and before allowing an individual to volunteer
to provide services on behalf of the home health agency, if the individual will
have direct contact with a patient of the home health agency.
(b)
An in-home care agency shall conduct a criminal background check before hiring
or contracting with an individual and before allowing an individual to
volunteer to provide services on behalf of the in-home care agency, if the
individual will have direct contact with a client of the in-home care agency.
(c)
The authority shall prescribe by rule the process for conducting a criminal
background check.
(3)
Public funds may not be used to support, in whole or in part, the employment in
any capacity having contact with a recipient of support services or a resident
of a residential facility or an adult foster home, of an individual, other than
a mental health or substance abuse treatment provider, who has been convicted:
(a)
Of a crime described in ORS 163.095, 163.115, 163.118, 163.125, 163.145,
163.149, 163.165, 163.175, 163.185, 163.187, 163.200, 163.205, 163.225,
163.235, 163.263, 163.264, 163.266, 163.275, 163.465, 163.467, 163.535,
163.537, 163.689, 163.700, 164.055, 164.057, 164.098, 164.125 (5)(c) or (d),
164.215, 164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.022,
165.032, 165.800, 165.803, 167.012, 167.017 or 167.057;
(b)
Of a crime listed in ORS 181.594;
(c)
In the last 10 years, of a crime involving the delivery or manufacture of a
controlled substance;
(d)
Of an attempt, conspiracy or solicitation to commit a crime described in
paragraphs (a) to (c) of this subsection; or
(e)
Of a crime in another jurisdiction that is substantially equivalent, as defined
by rule, to a crime described in paragraphs (a) to (d) of this subsection.
(4)
If the criminal background check conducted by a home health agency or in-home
care agency under subsection (2) of this section reveals that the individual
who is subject to the criminal background check has been convicted of any of
the crimes described in subsection (3) of this section, the home health agency
or in-home care agency may not employ the individual.
(5)
Public funds may not be used to support, in whole or in part, the employment,
in any capacity having contact with a recipient of support services or a
resident of a residential facility or an adult foster home, of a mental health
or substance abuse treatment provider who has been convicted of committing, or
convicted of an attempt, conspiracy or solicitation to commit, a crime
described in ORS 163.095, 163.115, 163.375, 163.405, 163.411 or 163.427.
(6)
Upon the request of a mental health or substance abuse treatment provider, the
department or authority shall maintain a record of the results of any fitness
determination made under ORS 181.534 (11) and (12). The department or authority
may disclose the record only to a person the provider specifically authorizes,
by a written release, to receive the information.
(7)
If the department or authority has a record of substantiated abuse committed by
an employee or potential employee of a home health agency, in-home care agency,
adult foster home or residential facility, regardless of whether criminal
charges were filed, the department or authority shall notify, in writing, the
employer and the employee or potential employee.
(8)
As used in this section:
(a)
“Adult foster home” has the meaning given that term in ORS 443.705.
(b)
“Home care worker” has the meaning given that term in ORS 410.600.
(c)
“Home health agency” has the meaning given that term in ORS 443.005.
(d)
“In-home care agency” has the meaning given that term in ORS 443.305.
(e)
“Mental health or substance abuse treatment provider” means:
(A)
A peer support specialist;
(B)
An employee of a residential treatment facility or a residential treatment home
that is licensed under ORS 443.415 to provide treatment for individuals with
alcohol or drug dependence;
(C)
An individual who provides treatment or services for persons with substance use
disorders; or
(D)
An individual who provides mental health treatment or services.
(f)
“Peer support specialist” means a person who:
(A)
Is providing peer support services as defined by the authority by rule;
(B)
Is under the supervision of a qualified clinical supervisor;
(C)
Has completed training required by the authority; and
(D)
Is currently receiving or has formerly received mental health services, or is
in recovery from a substance use disorder and meets the abstinence requirements
for staff providing services in alcohol or other drug treatment programs.
(g)
“Residential facility” has the meaning given that term in ORS 443.400. [2009
c.837 §6; 2009 c.828 §81; 2010 c.93 §§12,13; 2011 c.608 §1; 2011 c.681 §§8,9]
Note: See
note under 443.001.
Note:
Section 42, chapter 837, Oregon Laws 2009, provides:
Sec. 42.
Section 6 of this 2009 Act [443.004] applies to employees who are hired on or
after the effective date of this 2009 Act [July 28, 2009]. [2009 c.837 §42]
HOME HEALTH CARE PROVIDERS
443.005 Definitions for ORS 443.005 to
443.105. As used in ORS 443.005 to 443.105:
(1)
“Caregiver registry” means a person that prequalifies, establishes and
maintains a roster of qualified private contractor caregivers that is provided
to a client or the client’s representative for consideration in the hiring of
an individual to provide caregiver services within the client’s place of
residence.
(2)
“Home health agency” means a public or private agency providing coordinated
home health services on a home visiting basis. “Home health agency” does not
include:
(a)
Any visiting nurse service or home health service conducted by and for those
who rely upon spiritual means through prayer alone for healing in accordance
with the tenets and practices of a recognized church or religious denomination.
(b)
Those home health services offered by county health departments outside, and in
addition to, programs formally designated and funded as home health agencies.
(3)
“Home health services” means items and services furnished to an individual by a
home health agency, or by others under arrangements with such agency, on a
visiting basis, in a place of temporary or permanent residence used as the
individual’s home for the purpose of maintaining that individual at home. [1977
c.738 §1; 1979 c.209 §1; 1981 c.415 §1; 2003 c.57 §1; 2009 c.595 §769; 2009
c.792 §14; 2011 c.70 §10]
443.010
[Amended by 1963 c.164 §1; repealed by 1969 c.641 §19]
443.015 License required; renewal, transferability
of license. A person may not establish a home
health agency or organization providing home health services for compensation,
or purport to manage or operate a home health agency or organization, without
first obtaining a license from the Oregon Health Authority. The license shall
be renewable annually and is not transferable. [1977 c.738 §2; 2003 c.14 §259;
2009 c.595 §770; 2009 c.792 §15]
443.019 Requirement for on-site
inspection. (1) The Oregon Health Authority shall
conduct an on-site inspection of a home health agency and a caregiver registry
prior to licensure and at least once every three years thereafter.
(2)
In lieu of an on-site inspection, the authority may accept a certification or
accreditation from a federal agency or an accrediting body approved by the
authority that the state licensing standards have been met, if:
(a)
The certification or accreditation is recognized by the authority as addressing
the standards and conditions of participation requirements of the Centers for
Medicare and Medicaid Services and any additional standards set by the
authority;
(b)
The agency or registry notifies the authority to participate in any exit
interview conducted by the federal agency or accrediting body; and
(c)
The agency or registry provides copies of all documentation concerning the
certification or accreditation requested by the authority. [2009 c.792 §18;
2009 c.792 §66; 2011 c.70 §11]
443.020
[Amended by 1957 c.697 §4; 1961 c.316 §10; 1967 c.89 §6; repealed by 1969 c.641
§19]
443.025 Hospitals exempt from certain
requirements if standards are met. A hospital
licensed under ORS 441.015 may provide home health services without maintaining
a separate governing body and administrative staff so long as the services
provided meet the requirements of ORS 443.005 to 443.105 and the hospital pays
the home health licensing fee under ORS 443.035. [1977 c.738 §7; 1995 c.449 §3;
2009 c.792 §15a]
443.030
[Repealed by 1969 c.641 §19]
443.035 License fees; renewal; disposition
of funds. (1) The Oregon Health Authority may
grant a license to a home health agency or caregiver registry for a calendar
year, may annually renew a license and may allow for a change of ownership,
upon payment of a fee as follows:
(a)
For a new home health agency:
(A)
$1,600; and
(B)
An additional $1,600 for each subunit of a parent home health agency.
(b)
For renewal of a home health agency license:
(A)
$850; and
(B)
An additional $850 for each subunit of a parent home health agency.
(c)
For a change of ownership of a home health agency at a time other than the
annual renewal date:
(A)
$500; and
(B)
An additional $500 for each subunit of a parent home health agency.
(d)
For a new caregiver registry:
(A)
$1,500; and
(B)
An additional $750 for each subunit of a caregiver registry.
(e)
For renewal of a caregiver registry license:
(A)
$750; and
(B)
An additional $750 for each subunit of a caregiver registry.
(f)
For a change of ownership of a caregiver registry at a time other than the
annual renewal date:
(A)
$350; and
(B)
An additional $350 for each subunit of a caregiver registry.
(2)
Notwithstanding subsection (1)(c) or (f) of this section, the fee for a change
in ownership shall be $100 if a change in ownership does not involve:
(a)
The majority owner or partner; or
(b)
The administrator operating the agency or registry.
(3)
All fees received pursuant to subsection (1) of this section shall be paid over
to the State Treasurer and credited to the Public Health Account. Such moneys
are appropriated continuously to the Oregon Health Authority for the
administration of ORS 443.005 to 443.105. [1977 c.738 §8; 1995 c.449 §4; 2005
c.22 §302; 2007 c.71 §131; 2009 c.595 §771; 2009 c.792 §16; 2011 c.70 §12]
443.040
[Repealed by 1969 c.641 §19]
443.045 Denial, suspension and revocation
of licenses; penalties. (1) The Oregon Health Authority
may deny, suspend or revoke the license of, or assess a civil penalty against,
any individual, home health agency or caregiver registry for failure to comply
with ORS 443.004 or 443.005 to 443.105, or with the rules of the authority as
authorized by ORS 443.085.
(2)
License denials, suspensions and revocations, assessment of civil penalties,
adoption of rules and judicial review thereof shall be in accordance with ORS
chapter 183.
(3)
A civil penalty imposed under this section may not exceed $1,000 per violation
and may not total more than $2,000.
(4)
All civil penalties recovered under this section shall be paid into the State
Treasury and credited to the Oregon Health Authority Fund. Moneys credited to
the fund under this section are continuously appropriated to the authority for
the administration of ORS 443.005 to 443.105 and 443.305 to 443.350. [1977
c.738 §9; 2009 c.595 §772; 2009 c.792 §69; 2009 c.828 §86; 2011 c.70 §13]
443.050
[Repealed by 1969 c.641 §19]
443.055 Governing body of home health
agencies. A home health agency shall have an
organized governing body, or, if a subdivision of a public or private agency or
a multifunction organization, a clearly defined local body having responsibility
for the conduct of the home health agency. Where the governing body is
functionally remote from the operation of the home health agency, the Oregon
Health Authority may approve the designation of an appropriate part of the
organization as the governing body. [1977 c.738 §3; 2009 c.595 §773]
443.060
[Amended by 1963 c.164 §2; repealed by 1969 c.641 §19]
443.065 General requirements for home
health agencies. The home health agency shall:
(1)
Be primarily engaged in providing skilled nursing services and at least one
other service delineated in ORS 443.075 (2) and (3);
(2)
Have policies established by professional personnel associated with the agency
or organization, including one or more physicians and one or more registered
nurses, at least two of whom are neither owners nor employees of the agency,
and two consumers, to govern the services that it provides;
(3)
Require supervision of services that it provides under subsection (1) of this
section by a physician, nurse practitioner or registered nurse, preferably a
public health nurse;
(4)
Maintain clinical, financial and professional records on all patients; and
(5)
Have an overall plan and budget in effect. [1977 c.738 §4; 1981 c.415 §2; 2001
c.346 §1]
443.075 Services and supplies prescribed
by physician or nurse practitioner. (1) A home
health agency must have an order for treatment and plan of treatment from a
physician or nurse practitioner for the following services and supplies:
(a)
Home nursing care provided by or under the supervision of a registered nurse;
(b)
Physical, occupational or speech therapy, medical social services or other
therapeutic services;
(c)
Home health aide services; and
(d)
Medical supplies, other than drugs and biologicals, and the use of medical
appliances.
(2)
A home health agency shall have each plan of treatment reviewed by the
physician or nurse practitioner periodically, in accordance with rules adopted
by the Oregon Health Authority. [1977 c.738 §5; 1981 c.415 §3; 2001 c.346 §2;
2009 c.792 §70]
443.085 Rules.
The Oregon Health Authority shall adopt rules to implement ORS 443.005 to
443.105 including, but not limited to:
(1)
The qualifications of professional and ancillary personnel in order to
adequately furnish home health services;
(2)
Standards for the organization and quality of client care;
(3)
Procedures for maintaining records;
(4)
Provision for contractual arrangements for professional and ancillary health
services; and
(5)
Complaint and inspection procedures. [1977 c.738 §6; 2005 c.22 §303; 2009 c.595
§774; 2009 c.792 §23; 2011 c.70 §14]
443.090 Exemption from in-home care agency
licensing requirements. (1) Notwithstanding ORS 443.305
to 443.350, a home health agency licensed under ORS 443.015 that provides
personal care services that are necessary to assist an individual in meeting
the individual’s daily needs, but do not include curative or rehabilitative
services, is not required to be licensed as an in-home care agency under ORS
443.315.
(2)
A licensed home health agency that provides personal care services shall comply
with all laws and rules concerning in-home care services except for the
licensing requirements. [2003 c.57 §3; 2009 c.792 §24]
443.095 Applicability of laws to domestic
service. No provision of ORS 443.005 to 443.105
shall be construed to prevent repair or domestic services by any person. [1977
c.738 §10; 2005 c.22 §304]
443.100 License required for caregiver
registry. A person may not establish, conduct or
maintain a caregiver registry, or represent to the public that the person is a
caregiver registry, without first obtaining a caregiver registry license from
the Oregon Health Authority. [2009 c.792 §14b; 2009 c.792 §64; 2011 c.70 §15]
443.105 Rules.
The Oregon Health Authority may adopt rules governing caregiver registries,
including but not limited to:
(1)
The minimum qualifications of individuals whose services are offered through a
caregiver registry;
(2)
Standards for the organization and quality of client care;
(3)
Procedures for maintaining records;
(4)
Requirements for contractual arrangements for professional and ancillary
services;
(5)
Requiring criminal background checks on individuals placed on a roster by a
caregiver registry;
(6)
Procedures for complaints against caregiver registries; and
(7)
Procedures for inspection of caregiver registries. [2009 c.792 §14c; 2009 c.792
§65; 2011 c.70 §16]
DOMICILIARY CARE FACILITIES
443.205 Definitions for ORS 443.215 and
443.225. As used in ORS 443.215 and 443.225, “domiciliary
care facilities” means facilities providing residential care to adults,
including adult foster homes, group care facilities or residential treatment,
training or care facilities, established, contracted for or operated by the
Department of Human Services or the Oregon Health Authority. [1977 c.779 §3;
formerly 184.870; 1987 c.320 §234; 2001 c.900 §181; 2007 c.21 §4; 2009 c.595 §775]
443.210 [1953
c.659 §1; 1965 c.230 §1; 1973 c.285 §8; repealed by 1977 c.717 §23]
443.215 Policy.
(1) The Legislative Assembly recognizes the importance of providing a high
quality of domiciliary care facilities throughout the State of Oregon.
(2)
It is the intent of ORS 443.205 to 443.225 to distribute domiciliary care
facility capacity on the basis of population and the regional origin of
institutionalized persons. [1977 c.779 §1; formerly 184.875]
443.220 [1953
c.659 §2; 1971 c.650 §21; 1973 c.285 §9; repealed by 1977 c.717 §23]
443.225 Location and capacity of
domiciliary care facilities. (1) Except as
otherwise provided by subsections (3) and (4) of this section, the capacity of
all domiciliary care facilities must be located throughout the state based on
the relationship of the population of the county in which the additional
capacity is proposed to be located to the number of persons originating from
the county who are determined to be in need of domiciliary care. However,
nothing in this subsection is intended to prevent the placement of a person who
is or was not a resident of the county in a domiciliary care facility in the
county.
(2)
The Department of Human Services shall determine the number of persons
originating from a county who are in need of domiciliary care if the
domiciliary care facility is an adult foster home as defined in ORS 443.705, a
residential care facility or residential training facility as those terms are
defined in ORS 443.400 or other group care facility.
(3)
The Oregon Health Authority shall determine the number of persons originating
from a county who are in need of domiciliary care if the domiciliary care
facility is a residential treatment facility as defined in ORS 443.400.
(4)
When a county is too sparsely populated to produce a meaningful ratio of county
population to population in need, or a county is lacking necessary support
services, the population of two or more counties may be combined. The area of
the combined counties may be considered a county for purposes of subsection (1)
of this section.
(5)
The computation required by subsection (1) of this section does not require
reduction in any domiciliary care facility capacity existing on October 4,
1977.
(6)
Subject to the appropriate licensing requirements, the governing body of a
county may authorize a domiciliary care facility located in the county to
exceed the capacity limit imposed by subsection (1) of this section upon:
(a)
Request of an individual or organization operating or proposing to operate a
domiciliary care facility;
(b)
Consultation with an advisory committee appointed by the governing body and
consisting of persons who are particularly interested in the type of
domiciliary care facility contemplated; and
(c)
Finding of good cause following notice and public hearing. [1977 c.779 §2; 1979
c.235 §1; formerly 184.880; 2007 c.71 §132; 2009 c.595 §776]
443.230 [1953
c.659 §3; 1973 c.285 §10; repealed by 1977 c.717 §23]
443.240 [1953
c.659 §§4,5; 1973 c.285 §11; repealed by 1977 c.717 §23]
443.250 [1953
c.659 §6; 1961 c.316 §11; 1967 c.89 §7; 1973 c.285 §12; repealed by 1977 c.717 §23]
443.260 [1953
c.659 §7; 1961 c.316 §12; 1967 c.89 §8; 1973 c.285 §13; repealed by 1977 c.717 §23]
443.270 [1953
c.659 §8; repealed by 1973 c.285 §19]
443.280 [1953
c.659 §9; 1973 c.285 §14; repealed by 1977 c.717 §23]
443.290 [1953
c.659 §10; 1973 c.285 §15; repealed by 1977 c.717 §23]
443.300 [1953 c.659
§11; 1973 c.285 §16; repealed by 1977 c.717 §23]
IN-HOME CARE AGENCIES
443.305 Definitions for ORS 443.305 to
443.350. As used in ORS 443.305 to 443.350:
(1)
“In-home care agency” means an agency primarily engaged in providing in-home
care services for compensation to an individual in that individual’s place of
residence. “In-home care agency” does not include a home health agency as
defined in ORS 443.005.
(2)
“In-home care services” means personal care services furnished by an in-home
care agency, or an individual under an arrangement or contract with an in-home
care agency, that are necessary to assist an individual in meeting the
individual’s daily needs, but does not include curative or rehabilitative
services.
(3)
“Subunit” means an in-home care agency that provides services for a parent
agency in a geographic area different from that of the parent agency and
generally exceeding one hour of travel time from the location of the parent
agency. [1999 c.1034 §1]
Note:
443.305 to 443.350 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 443 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
443.310 [1953
c.659 §12; 1973 c.285 §17; repealed by 1977 c.717 §23]
443.315 License required; application;
rules; fees. (1) A person may not establish, manage
or operate an in-home care agency or purport to manage or operate an in-home
care agency without obtaining a license from the Oregon Health Authority.
(2)
The authority shall establish requirements and qualifications for licensure
under this section by rule. The authority 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 authority by rule and shall be
accompanied by any required fees.
(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 and by demonstration of
compliance with requirements for renewal established by rule.
(6)
A license issued under this section is not transferable.
(7)
The authority 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.
(8)
In lieu of the on-site inspection required by subsection (7) of this section,
the authority may accept a certification or accreditation from a federal agency
or an accrediting body approved by the authority that the state licensing
standards have been met, if the in-home care agency:
(a)
Notifies the authority to participate in any exit interview conducted by the
federal agency or accrediting body; and
(b)
Provides copies of all documentation concerning the certification or
accreditation requested by the authority. [1999 c.1034 §2; 2005 c.22 §305; 2007
c.897 §1; 2009 c.595 §776a; 2009 c.792 §71]
Note: See
note under 443.305.
443.320 [1953
c.659 §13; repealed by 1971 c.734 §21]
443.325 Grounds for denial, suspension or
revocation of license; penalties. The Oregon
Health Authority may impose a civil penalty and may 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. The
authority may deny, suspend or revoke the license of any in-home care agency
licensed under ORS 443.315 for failure to comply with ORS 443.004. 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 an inspection by the
authority. [1999 c.1034 §3; 2007 c.897 §2; 2009 c.595 §776b; 2009 c.792 §26;
2009 c.828 §87]
Note: See
note under 443.305.
443.327 Injunctive relief; attorney fees
and costs; notice to clients. (1)
Notwithstanding the existence and pursuit of any other remedy, the Oregon
Health Authority 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 authority 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 authority. [2007 c.897 §4; 2009 c.595 §776c]
Note: See
note under 443.305.
443.330 [1953
c.659 §15; 1973 c.285 §18; repealed by 1977 c.717 §23]
443.335 [1971
c.734 §60; repealed by 1977 c.717 §23]
443.340 Rules.
The Oregon Health Authority shall adopt administrative rules necessary for the
implementation and administration of ORS 443.305 to 443.350. These rules shall
include, but are not limited to, a requirement that an in-home care agency must
conduct criminal background checks on all individuals employed by or
contracting with the agency as in-home caregivers. [1999 c.1034 §4; 2001 c.900 §182;
2009 c.595 §776d]
Note: See
note under 443.305.
443.345 Disposition of moneys.
All moneys received pursuant to ORS 443.315, 443.325 and 443.327 shall be
deposited in the State Treasury and credited to an account designated by the
Oregon Health Authority. Such moneys are continuously appropriated to the
authority for the administration of ORS 443.305 to 443.350. [1999 c.1034 §5; 2007
c.897 §5; 2009 c.595 §776e]
Note: See
note under 443.305.
443.350 Applicability.
The provisions of ORS 443.305 to 443.350 do not apply to organizations
licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485,
443.725, 443.860 or 443.886. [1999 c.1034 §6]
Note: See
note under 443.305.
443.355 Complaint procedures; rules.
(1) Rules adopted by the Oregon Health Authority pursuant to ORS 443.085 and
443.340 shall include procedures for the filing of complaints as to the care or
services provided by home health agencies, in-home care agencies or caregiver
registries that ensure the confidentiality of the identity of the complainant.
(2)
An employee or contract provider with knowledge of a violation of law or rules
of the authority shall use the reporting procedures established by the home
health agency, in-home care agency or caregiver registry before notifying the
authority or other state agency of the inappropriate care or violation, unless
the employee or contract provider:
(a)
Believes a client’s health or safety is in immediate jeopardy; or
(b)
Files a complaint in accordance with rules adopted under subsection (1) of this
section.
(3)
Information obtained by the authority during an investigation of a complaint or
reported violation under this section is confidential and not subject to public
disclosure under ORS 192.410 to 192.505. Upon the conclusion of the
investigation, the authority may publicly release a report of its findings but
may not include information in the report that could be used to identify the
complainant or any client of the home health agency, in-home care agency or
caregiver registry. The authority may use any information obtained during an
investigation in an administrative or judicial proceeding concerning the
licensing of a home health agency, in-home care agency or caregiver registry.
(4)
As used in this section:
(a)
“Caregiver registry” has the meaning given that term in ORS 443.005.
(b)
“Home health agency” has the meaning given that term in ORS 443.005.
(c)
“In-home care agency” has the meaning given that term in ORS 443.305. [2009
c.792 §19; 2009 c.792 §67; 2011 c.70 §17]
Note:
443.355 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 443 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
RESIDENTIAL FACILITIES AND HOMES
443.400 Definitions for ORS 443.400 to
443.455. As used in ORS 443.400 to 443.455 and
443.991, unless the context requires otherwise:
(1)
“Director” means the director of the licensing agency for the residential
facility.
(2)
“Licensing agency” means:
(a)
The Department of Human Services, if the residential facility that is licensed,
or that the Director of Human Services determines should be licensed, is a
residential care facility, residential training facility or residential
training home; or
(b)
The Oregon Health Authority, if the residential facility that is licensed, or
that the Director of the Oregon Health Authority determines should be licensed,
is a residential treatment facility or residential treatment home.
(3)
“Resident” means any individual residing in a facility who receives residential
care, treatment or training. For purposes of ORS 443.400 to 443.455, an
individual is not considered to be a resident if the individual is related by
blood or marriage within the fourth degree as determined by civil law to the
person licensed to operate or maintain the facility.
(4)
“Residential care” means services such as supervision; protection; assistance
while bathing, dressing, grooming or eating; management of money;
transportation; recreation; and the providing of room and board.
(5)
“Residential care facility” means a facility that provides, for six or more socially
dependent individuals or individuals with physical disabilities, residential
care in one or more buildings on contiguous properties.
(6)
“Residential facility” means a residential care facility, residential training
facility, residential treatment facility, residential training home or
residential treatment home.
(7)
“Residential training facility” means a facility that provides, for six or more
individuals with mental retardation or other developmental disabilities,
residential care and training in one or more buildings on contiguous
properties.
(8)
“Residential training home” means a facility that provides, for five or fewer
individuals with mental retardation or other developmental disabilities,
residential care and training in one or more buildings on contiguous
properties, when so certified and funded by the Department of Human Services.
(9)
“Residential treatment facility” means a facility that provides, for six or
more individuals with mental, emotional or behavioral disturbances or alcohol
or drug dependence, residential care and treatment in one or more buildings on
contiguous properties.
(10)
“Residential treatment home” means a facility that provides for five or fewer
individuals with mental, emotional or behavioral disturbances or alcohol or
drug dependence, residential care and treatment in one or more buildings on
contiguous properties.
(11)
“Training” means the systematic, planned maintenance, development or
enhancement of self-care skills, social skills or independent living skills, or
the planned sequence of systematic interactions, activities or structured
learning situations designed to meet each resident’s specified needs in the
areas of physical, social, emotional and intellectual growth.
(12)
“Treatment” means a planned, individualized program of medical, psychological
or rehabilitative procedures, experiences and activities designed to relieve or
minimize mental, emotional, physical or other symptoms or social, educational
or vocational disabilities resulting from or related to the mental or emotional
disturbance, physical disability or alcohol or drug problem. [1977 c.717 §1;
1987 c.548 §1; 1989 c.224 §95; 1989 c.488 §1; 1991 c.801 §1; 2001 c.900 §183;
2005 c.22 §306; 2007 c.70 §245; 2009 c.595 §777]
443.405 Exclusions from definition of “residential
facility.” For purposes of ORS 443.400 to 443.455
and 443.991, “residential facility” does not include:
(1)
A residential school;
(2)
A state or local correctional facility, other than a local facility for persons
enrolled in work release programs maintained under ORS 144.460;
(3)
A youth correction facility as defined in ORS 420.005;
(4)
A youth care center operated by a county juvenile department under
administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;
(5)
A juvenile detention facility as defined in ORS 419A.004;
(6)
A nursing home;
(7)
A hospital;
(8)
A place primarily engaged in recreational activities;
(9)
A foster home; or
(10)
A place providing care and treatment on less than a 24-hour basis. [1977 c.717 §2;
1983 c.510 §18; 1993 c.33 §350; 1999 c.316 §2; 2005 c.22 §307; 2009 c.595 §778]
443.410 Single license required.
(1) A license issued by the Department of Human Services is required in order
to operate or maintain a residential care facility, residential training
facility or residential training home.
(2)
A license issued by the Oregon Health Authority is required in order to operate
or maintain a residential treatment facility or residential treatment home.
(3)
A facility may not be subject to licensing by both the department and the
authority under this section. If a facility could be licensed under either
subsection (1) or (2) of this section, the Director of Human Services and the
Director of the Oregon Health Authority shall determine the category of
licensure that applies to the facility. [1977 c.717 §3; 1983 c.510 §19; 1989
c.224 §96; 1989 c.488 §2; 1991 c.801 §2; 2007 c.70 §246; 2009 c.595 §779; 2011
c.720 §198a]
443.415 License applications; fee;
investigations; grounds for issuance and denial of license.
(1) Applications for licensure to maintain and operate a residential facility
shall be made to the Department of Human Services or the Oregon Health
Authority on forms provided for that purpose by the appropriate licensing
agency. Each application shall be accompanied by a fee. No fee is required of
any governmentally operated residential facility.
(2)
The fee required under subsection (1) of this section for facilities:
(a)
Defined in ORS 443.400 (7) and (9), shall be $60.
(b)
Defined in ORS 443.400 (8) and (10), shall be $30.
(c)
Defined in ORS 443.400 (5) with:
(A)
One to 15 beds, shall be $360.
(B)
Sixteen to 49 beds, shall be $520.
(C)
Fifty to 99 beds, shall be $1,040.
(D)
One hundred to 150 beds, shall be $1,340.
(E)
More than 150 beds, shall be $1,500.
(3)
Upon receipt of an application and fee, the licensing agency shall conduct an
investigation. The licensing agency shall issue a license to any applicant for
operation of a residential facility in compliance with ORS 443.002 and 443.400
to 443.455 and the rules of the licensing agency. Licensure may be denied when
a residential facility is not in compliance with ORS 443.002 or 443.400 to
443.455 or the rules of the licensing agency. 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. [1977
c.717 §8; 1979 c.696 §16; 1987 c.548 §2; 2001 c.900 §184; 2005 c.22 §308; 2009
c.595 §780; 2009 c.828 §31; 2009 c.837 §26]
443.420 Qualifications for license.
(1) A person applying for a license under ORS 443.415 must, in the judgment of
the director of the licensing agency, be a person:
(a)
Who demonstrates an understanding and acceptance of the rules governing
residential facilities;
(b)
Mentally and physically capable of caring for such residents; and
(c)
Who employs or utilizes only individuals whose presence does not jeopardize the
health, safety or welfare of residents.
(2)
A residential facility shall not be operated or maintained in combination with
a nursing home or hospital unless licensed, maintained and operated as a
separate and distinct part.
(3)
All physical residential facilities used for residents shall meet applicable requirements
of the State Fire Marshal.
(4)
Prior to licensure, a residential facility must be in substantial compliance
with applicable state and local laws, rules, codes, ordinances and permit
requirements.
(5)
Prior to licensure, a residential facility that proposes to house persons under
the age of 21 years shall submit written proof to the licensing agency
demonstrating that the facility will:
(a)
Comply with ORS 336.575; and
(b)
Ensure that the children who reside at the residential facility receive
appropriate educational services that are:
(A)
Comprehensive and age-appropriate;
(B)
In compliance with requirements of state and federal law; and
(C)
If applicable, in compliance with the individual education program of the
child.
(6)
Prior to an initial licensure of a residential care facility, the licensing
agency shall consider:
(a)
The license applicant’s history of regulatory compliance and operational
experience;
(b)
The need in the local community for the services offered by the license applicant,
as demonstrated by a market study produced by the license applicant;
(c)
The willingness of the license applicant to serve underserved populations; and
(d)
The willingness of the license applicant to contract with the licensing agency
to provide services through the state medical assistance program. [1977 c.717 §4;
1985 c.264 §3; 2008 c.18 §12; 2009 c.595 §781; 2011 c.105 §1]
443.422 Siting of licensed residential
facilities. (1) To prevent the perpetuation of
segregated housing patterns, the Department of Human Services, in consultation
with the Oregon Health Authority, shall determine the location and type of
licensed residential facilities and the location of facilities subject to the
provisions of ORS 169.690.
(2)
Before a license is issued for a residential facility as defined in ORS
443.400, the issuing agency shall determine the number and type of any other
licensed residential facilities and the number and type of facilities subject
to the provisions of ORS 169.690 within a 1,200 foot radius.
(3)
None of the data collected under this section shall be used in a manner that
violates the Fair Housing Amendments Act of 1988. [1989 c.564 §11; 2009 c.595 §782]
Note:
443.422 was added to and made a part of ORS chapter 443 by legislative action but
was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
443.424 Expansion of capacity of
residential care facilities and adult foster homes; reports to Legislative
Assembly. (1) The Department of Human Services,
in cooperation with representatives of residential facilities and adult foster
homes, shall:
(a)
Assess the capacity on January 1, 2008, of residential facilities and adult
foster homes to serve residents who qualify for state medical assistance;
(b)
Establish targets for expansion of the capacity assessed in paragraph (a) of
this subsection in each area of the state; and
(c)
Issue a report on changes in capacity on a quarterly basis.
(2)
The department shall report semiannually to the Legislative Assembly or the
Emergency Board the findings in subsection (1) of this section and any
recommendations for legislative action. [2008 c.18 §15]
Note:
443.424 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 443 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
443.425 License term; contents; renewal;
fee. (1) Licensure under ORS 443.415 is
effective for two years from the date of issue unless sooner revoked. Each
license shall state the name of the person operating the residential facility;
the name of the person who owns the facility; the address of the premises to
which the license applies and the maximum number of residents to be maintained
in such residential facility at any time whether the residential facility is
licensed as a residential training facility, a residential treatment facility,
a residential care facility; a residential training home or residential
treatment home and such other information as the Department of Human Services
or the Oregon Health Authority considers necessary.
(2)
A license is renewable upon submission of an application to the department or
the authority and payment of a fee. No fee shall be required of a
governmentally operated residential facility. Filing of an application for
renewal before the date of expiration of a license extends the effective date
of expiration of the license until the licensing agency has acted upon such
application. The licensing agency shall refuse to renew a license if the
facility is not substantially in compliance with all applicable laws and rules,
or if the State Fire Marshal or the authorized representative thereof has given
notice of noncompliance of facilities under ORS 443.400 (5), (7) and (9)
pursuant to ORS 479.220.
(3)
The biennial fee required under subsection (2) of this section for facilities:
(a)
Defined in ORS 443.400 (7) and (9), shall be $60.
(b)
Defined in ORS 443.400 (8) and (10), shall be $30.
(c)
Defined in ORS 443.400 (5) with:
(A)
One to 15 beds, shall be $360.
(B)
Sixteen to 49 beds, shall be $520.
(C)
Fifty to 99 beds, shall be $1,040.
(D)
One hundred to 150 beds, shall be $1,340.
(E)
More than 150 beds, shall be $1,500. [1977 c.717 §9; 1983 c.47 §1; 1983 c.740 §162;
1987 c.548 §3; 2009 c.595 §783; 2009 c.837 §27]
443.430 Transferability of license; disposition
of license fees. (1) A license under ORS 443.415
is not transferable or applicable to any location, residential facility or
management other than that indicated on the application for licensure.
(2)
Except as provided in subsection (3) of this section:
(a)
All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing
a residential care facility, residential training facility or residential
training home shall be deposited in a special account in the General Fund and
are continuously appropriated for payment of expenses incurred by the
Department of Human Services in administering ORS 443.400 to 443.455.
(b)
All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing
a residential treatment facility or residential treatment home shall be
deposited in a special account in the General Fund and are continuously
appropriated for payment of expenses incurred by the Oregon Health Authority in
administering ORS 443.400 to 443.455.
(3)
All moneys collected from a residential care facility under ORS 443.415,
443.425 or 443.455 shall be deposited in the Quality Care Fund established in
ORS 443.001. [1977 c.717 §10; 1983 c.47 §2; 2009 c.595 §784; 2009 c.828 §88]
443.435 Inspection of facilities.
(1) The Director of Human Services or authorized representative shall
periodically visit and inspect every residential care facility, residential
training facility or residential training home to determine whether it is
maintained and operated in accordance with ORS 443.400 to 443.455 and the rules
of the director, and to consult with and advise management concerning methods
of care, treatment, training, records, housing and equipment. Employees of the
Department of Human Services and the State Fire Marshal or authorized
representative on request shall be permitted access to the premises and records
of individuals in the facility or home that are pertinent to fire safety.
(2)
The Director of the Oregon Health Authority or authorized representative shall
periodically visit and inspect every residential treatment facility or
residential treatment home to determine whether it is maintained and operated
in accordance with ORS 443.400 to 443.455 and the rules of the director, and to
consult with and advise management concerning methods of care, treatment,
training, records, housing and equipment. Employees of the Oregon Health
Authority and the State Fire Marshal or authorized representative on request
shall be permitted access to the premises and records of individuals in the
facility or home that are pertinent to fire safety. [1977 c.717 §11; 2005 c.22 §309;
2009 c.595 §785]
443.437 Choice of prescription and
nonprescription drugs and supplies. (1) As used
in this section, “supplier” includes an authorized representative of the
patient who purchases nonprescription medication or nonprescription sickroom
supplies at retail.
(2)
A resident in a residential facility must have a choice:
(a)
From among prescription drug delivery systems as long as the system selected:
(A)
Provides for timely delivery of drugs;
(B)
Provides adequate protection to prevent tampering with drugs;
(C)
Provides that drugs are delivered in a unit of use compatible with the
established system of the facility for dispensing drugs, whether that system is
provided by a facility pharmacy or by a contract with a pharmacy; and
(D)
Provides a 24-hour emergency service procedure either directly or by contract
with another pharmacy;
(b)
From among suppliers of nonprescription medication, although no facility is
required to accept any opened container of such medication; and
(c)
From among suppliers of nonprescription sickroom supplies as long as any items
supplied can be maintained in a clean manner with equipment available at the
facility.
(3)
If the established system of the facility, whether that system is provided by a
facility pharmacy or a pharmacy under contract, provides patient profile
information, the pharmacy chosen by the resident under subsection (2)(a) of
this section must also provide that information for any resident it serves at
the facility. [1983 c.328 §4; 2007 c.71 §133]
443.440 Revocation and suspension of
licenses; procedure. The Department of Human Services
or the Oregon Health Authority may revoke or suspend the license of any
residential facility that is not operated in accordance with ORS 443.002 or
443.400 to 443.455 or the rules of the licensing agency. Such revocation or
suspension shall be taken in accordance with rules of the licensing agency 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. [1977 c.717 §12;
2005 c.22 §310; 2009 c.595 §786; 2009 c.828 §32]
443.445 Persons admissible at facilities
and homes; transfer of persons requiring certain treatment; operation of
facilities by persons relying on spiritual means for healing.
(1) A residential facility may not admit individuals who require continuous
nursing care except as provided in subsection (3) of this section.
(2)
Except as provided in subsection (3) of this section, if any resident of a
residential facility requires nursing care for eight or more consecutive days
or a physician or the designee of a physician or a registered nurse certifies
that continued nursing care is required, the resident shall be transferred to
an appropriate health care facility for as long as necessary.
(3)
A resident of a residential care facility, residential training facility or
residential training home who requires nursing care in addition to training or
care needs, or any combination thereof, may be served by that facility or home
with approval from the Department of Human Services and in accordance with the
rules of the department and consistent with rules adopted by the Oregon State
Board of Nursing under ORS 678.150 (8).
(4)
A resident of a residential treatment facility or residential treatment home
who requires nursing care in addition to treatment needs may be served by that
facility or home with approval from the Oregon Health Authority and in
accordance with the rules of the authority and consistent with rules adopted by
the Oregon State Board of Nursing under ORS 678.150 (8).
(5)
A residential facility may not admit individuals of categories other than those
designated on its license without prior written consent of the licensing
agency.
(6)
In the case of residential facilities supervised by and operated exclusively
for persons who rely upon prayer or spiritual means for healing in accordance
with the creed or tenets of a well-recognized church or religious denomination,
no medical, psychological or rehabilitative procedures shall be required. [1977
c.717 §5; 1991 c.292 §2; 2001 c.900 §185; 2009 c.535 §33; 2009 c.595 §787]
443.450 Rules.
(1) For a residential care facility, residential training facility or
residential training home, the Director of Human Services shall adopt rules
governing:
(a)
The physical properties of the facility or home;
(b)
Storage, preparation and serving of food;
(c)
Care or training to be provided;
(d)
The number, experience and training of the staff; and
(e)
Any other factors affecting the care or training provided.
(2)
For a residential treatment facility or residential treatment home, the
Director of the Oregon Health Authority shall adopt rules governing:
(a)
The physical properties of the facility or home;
(b)
Storage, preparation and serving of food;
(c)
Treatment to be provided;
(d)
The number, experience and training of the staff; and
(e)
Any other factors affecting the treatment provided.
(3)
Distinct rules shall be adopted for homes of five or fewer residents, for facilities
of six or more but fewer than 16 residents, and for facilities for 16 or more
residents. The rules shall differentiate among categories of residents.
(4)
For purposes of this section, “categories” refers to different populations of
residents, differentiated by, but not limited to, age and need, as defined by
the Department of Human Services or the Oregon Health Authority by rule. [1977
c.717 §6; 1991 c.801 §3; 2009 c.595 §788; 2011 c.720 §199]
443.452 Waiver procedure.
(1) The director shall waive the requirements of ORS 443.410 for a residential
care facility caring for residents with physical disabilities if:
(a)
Each resident is over 16 years of age;
(b)
No more than five individuals with physical disabilities reside in any one
building of the facility; and
(c)
The residential facility complies with the applicable requirements of the State
Fire Marshal.
(2)
As used in this section, “building” means any structure that does not share a
common wall or roof with another structure. [1981 c.285 §§2,3; 1989 c.224 §97;
2007 c.70 §247]
Note:
443.452 (1) was enacted into law by the Legislative Assembly but was not added
to or made a part of ORS chapter 443 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
443.455 Civil penalties; rules.
(1) For purposes of imposing civil penalties, residential facilities approved
under ORS 443.400 to 443.455 are subject to ORS 441.705 to 441.745.
(2)
The Director of Human Services shall by rule prescribe a schedule of penalties
for residential care facilities, residential training facilities and
residential training homes that are not in compliance with ORS 443.400 to
443.455.
(3)
The Director of the Oregon Health Authority shall by rule prescribe a schedule
of penalties for residential treatment facilities and residential treatment
homes that are not in compliance with ORS 443.400 to 443.455.
(4)
If the department or authority investigates and makes a finding of abuse
arising from deliberate or other than accidental action or inaction that is
likely to cause a negative outcome by a person with a duty of care toward a
resident of a residential facility and if the abuse resulted in the death,
serious injury, rape or sexual abuse of a resident, the department or authority
shall impose a civil penalty of not less than $2,500 for each occurrence of
substantiated abuse, not to exceed $15,000 in any 90-day period. As used in
this subsection:
(a)
“Negative outcome” includes serious injury, rape, sexual abuse or death.
(b)
“Rape” means rape in the first, second or third degree as described in ORS
163.355, 163.365 and 163.375.
(c)
“Serious injury” means physical injury that creates a substantial risk of death
or that causes serious and protracted disfigurement, protracted impairment of
health or protracted loss or impairment of the function of any bodily organ.
(d)
“Sexual abuse” means any form of nonconsensual sexual contact, including but
not limited to unwanted or inappropriate touching, sodomy, sexual coercion,
sexually explicit photographing and sexual harassment. [1977 c.717 §13; 1991
c.801 §4; 2001 c.900 §186; 2005 c.22 §311; 2009 c.595 §789; 2009 c.828 §89]
443.460 Exemptions.
(1) The Director of Human Services may exempt from the license, inspection and
fee provisions of ORS 443.400 to 443.455 residential care facilities in those
counties where there is a county agency which provides similar programs for
licensing and inspection that the director finds are equal to or superior to
the requirements of ORS 443.400 to 443.455.
(2)
Pursuant to an exemption as provided in subsection (1) of this section, the
director may provide funds and other resources to the county necessary to
enable the county to perform the licensing and inspection functions. [1987
c.548 §4; 2009 c.595 §790]
443.465 Secure residential treatment homes
and facilities; rules. (1) The Oregon Health Authority
shall adopt rules applicable to secure residential treatment homes and
facilities as defined in ORS 443.400 that house persons who, as a condition of
release under ORS 161.315 to 161.351, are required to live in a secure home or
facility. The rules must:
(a)
Provide minimum security, health and safety standards;
(b)
Require the home or facility to have an emergency preparedness plan;
(c)
Set minimum training standards for the staff of the home or facility; and
(d)
Ensure compliance with any orders of the court or the Psychiatric Security
Review Board.
(2)
As used in this section, a residential treatment home or facility is “secure”
if a resident exit from the home, facility or grounds of the home or facility
is restricted through the use of locking devices on resident exit doors, gates
or other closures. [2009 c.475 §1; 2011 c.720 §200]
Note:
443.465 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 443 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
443.475 [1977
c.284 §2; repealed by 1983 c.47 §3]
REGISTERED RESIDENTIAL FACILITIES
443.480 Definitions for ORS 443.480 to
443.500. As used in ORS 443.480 to 443.500:
(1)
“Elderly” means an individual who is 62 years of age or older.
(2)
“Disability” means a physical or mental impairment which for the individual
constitutes or results in a functional limitation to one or more major life
activities. [1989 c.581 §5; 2007 c.70 §248]
Note:
443.480 to 443.500 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 443 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
443.485 Registration required; fee; rules;
civil penalty; grounds for suspension or revocation of registration.
(1) Subject to ORS 443.490, any person who offers to the general public
residential facilities and meals for compensation to two or more adults who are
elderly or have disabilities, as defined in ORS 443.480, not related to the
person by blood or marriage, and is not licensed or registered under any other
law of this state or city or county ordinance or regulation shall register the
person’s name and address with the Department of Human Services. The
registration fee is $20 annually. The department shall establish by rule
reasonable and appropriate standards for the operation of facilities subject to
ORS 443.480 to 443.500, consistent with their residential nature.
(2)
The Department of Human Services shall provide evidence of the registration to
the person. The evidence shall be posted in the residence.
(3)
The Department of Human Services may impose a civil penalty not to exceed $200
for:
(a)
Operating without registration as required under this section; or
(b)
A violation of ORS 443.880 or 443.881.
(4)
The department may suspend or revoke registration or deny the issuance of
registration for violation of any statute, rule, ordinance or regulation
relating to the safety of occupants of the residential facility. [1989 c.581 §1;
1991 c.413 §5; 2007 c.70 §249]
Note: See
note under 443.480.
443.490 Waiver of registration.
Any county or city that requires registration or licensure in the manner
described in ORS 443.485, whether or not a fee is required, may request a
waiver of the requirements of ORS 443.485. If the Department of Human Services
finds that the county or city registration or licensure requirement is
substantially similar or superior, it may waive the requirements of ORS
443.485. [1989 c.581 §2]
Note: See
note under 443.480.
443.495 Exemptions.
Nothing in ORS 443.480 to 443.500 applies to:
(1)
Any facility operated by an institution of higher education.
(2)
Any private room and board facility approved by an institution of higher
education which has as a resident a student or an employee of the institution.
(3)
Any private or nonprofit retirement facility which does not fall under the
generally understood definition of a “room and board facility,” a “boarding
house” or a “boarding hotel” and where a majority of the residents are
retirees.
(4)
Any privately arranged housing the occupants of which may not be related by
blood or marriage. [1989 c.581 §3]
Note: See
note under 443.480.
443.500 Investigation of registered
facilities; access to facilities. (1) The
Department of Human Services staff shall be permitted access to enter and investigate
complaints of abuse in all facilities registered under ORS 443.480 to 443.500
for purposes of ascertaining compliance with applicable rules, statutes,
ordinances and regulations. If the department has reasonable cause to believe
any facility is operating without registration in violation of ORS 443.480 to
443.500, it may apply to the circuit court for a search warrant.
(2)
Upon complaint of any person:
(a)
The state or local fire inspectors shall be permitted access to enter and
inspect facilities registered under ORS 443.480 to 443.500 regarding fire
safety.
(b)
The state or local health officers shall be permitted access to enter and
inspect facilities registered under ORS 443.480 to 443.500 regarding health and
sanitation. [1989 c.581 §4]
Note: See
note under 443.480.
443.510 [1981
c.427 §1; 1989 c.224 §98; repealed by 1989 c.564 §12]
443.520 [1981
c.427 §2; 1989 c.224 §99; repealed by 1989 c.564 §12]
443.530 [1981
c.427 §3; repealed by 1989 c.564 §12]
443.540 [1981
c.427 §4; repealed by 1989 c.564 §12]
443.550 [1981
c.427 §5; repealed by 1989 c.564 §12]
443.580 [1983
c.293 §1; 1989 c.224 §100; repealed by 1989 c.564 §12]
443.590 [1983
c.293 §2; 1989 c.224 §101; repealed by 1989 c.564 §12]
443.600 [1983
c.293 §3; 1985 c.544 §1; repealed by 1989 c.564 §12]
443.610 [1987
c.351 §1; 1989 c.224 §102; repealed by 1989 c.564 §12]
443.620 [1987
c.351 §2; repealed by 1989 c.564 §12]
443.630 [1987
c.351 §3; repealed by 1989 c.564 §12]
443.640 [1987
c.351 §4; repealed by 1989 c.564 §12]
ADULT FOSTER HOMES
443.705 Definitions for ORS 443.705 to
443.825. As used in ORS 443.705 to 443.825:
(1)
“Adult foster home” means any family home or facility in which residential care
is provided in a homelike environment for five or fewer adults who are not
related to the provider by blood or marriage.
(2)
“Licensed adult foster home” means a home which has been investigated and
approved by the licensing agency. This includes an on-site inspection of the
facility.
(3)
“Licensing agency” means:
(a)
The Department of Human Services for adult foster homes licensed by the
department.
(b)
The Oregon Health Authority for adult foster homes licensed by the authority.
(4)
“Provider” means any person operating an adult foster home and includes a resident
manager. “Provider” does not include the owner or lessor of the building in
which the adult foster home is located or the owner or lessor of the land on
which the adult foster home is situated unless the owner or lessor is also the
operator of the adult foster home.
(5)
“Residential care” means the provision of room and board and services that
assist the resident in activities of daily living, such as assistance with
bathing, dressing, grooming, eating, medication management, money management or
recreation.
(6)
“Substitute caregiver” means any person who provides care and services in an
adult foster home under the jurisdiction of the licensing agency in the absence
of the provider or resident manager. [1983 c.629 §1; 1985 c.663 §1; 1987 c.430 §1;
1991 c.960 §1; 1995 c.180 §1; 1995 c.667 §8; 2001 c.900 §187; 2009 c.595 §791]
443.715 Exclusions from definition of “adult
foster home.” For purposes of ORS 443.705 to 443.825,
“adult foster home” does not include:
(1)
Any house, institution, hotel, or other similar place that supplies board and
room only, or room only, or board only, if no resident thereof requires any
element of care.
(2)
Any specialized living situation for persons with physical disabilities where
the licensing agency provides payment for personal care services other than to
an adult foster home provider.
(3)
Any residential facility, as defined in ORS 443.400, licensed and funded by the
licensing agency. [1983 c.629 §2; 1985 c.663 §2; 1989 c.224 §103; 1991 c.801 §5;
2001 c.900 §188; 2007 c.70 §250; 2009 c.595 §791a]
443.720 Findings of Legislative Assembly.
(1) The Legislative Assembly finds that:
(a)
Adult foster homes provide needed care and services to thousands of Oregonians
who are elderly or have disabilities and who might otherwise be
institutionalized;
(b)
The protection of the health, safety and well-being of the residents of adult
foster homes is an important function of the licensing agency; and
(c)
Consistent interpretation, application and enforcement of regulatory standards
is necessary and desirable for the protection of adult foster home residents.
(2)
It is legislative intent that:
(a)
The licensing agency provide training and guidelines for employees assigned to
licensing and enforcement to encourage consistency; and
(b)
The licensing agency take vigorous action to ensure that inspections and
investigations are carried out as required by law. [1995 c.667 §7; 2007 c.70 §251;
2009 c.595 §791b]
443.725 License required; on-site provider
required; exception; rules. (1) Every provider of adult
foster care must be licensed with the licensing agency before opening or
operating an adult foster home caring for adult residents.
(2)
Except as provided in subsection (4) of this section, a provider must live in
the home that is to be licensed or hire a resident manager to live in the home.
(3)
Except as provided in subsection (4) of this section, there must be a provider
or substitute caregiver on duty 24 hours per day in an adult foster home under
the jurisdiction of the licensing agency.
(4)
The licensing agency shall adopt rules establishing standards for granting
exceptions to the requirements of subsections (2) and (3) of this section. The
standards must be designed to safeguard residents’ health and safety and residents’
uninterrupted receipt of services. [1983 c.629 §3; 1985 c.663 §3; 1991 c.960 §4;
1995 c.667 §9; 2007 c.21 §1; 2009 c.595 §791c]
443.730 Information regarding substitute
caregivers required; standards; educational requirements; rules.
(1) The provider shall furnish the names, addresses and telephone numbers of
the substitute caregivers employed or used by the provider to the licensing
agency upon the request of the agency.
(2)
The licensing agency shall require the provider to furnish information describing
the planned operation of the adult foster home, including the use of substitute
caregivers and other staff, as part of the license application.
(3)
The provider shall not allow a substitute caregiver or other caregiver to
provide care to a resident unless the following standards are met and
documented:
(a)
The licensing agency has completed a criminal records check in accordance with
ORS 443.004. The licensing agency shall adopt rules to provide for the
expedited completion of a criminal records check for the State of Oregon when
requested by a licensed provider because of an immediate staffing need.
(b)
The substitute caregiver has successfully completed the training required by
the licensing agency.
(c)
The caregiver is able to understand and communicate in oral and written
English.
(d)
The provider has oriented the caregiver to the residents in the adult foster
home, their care needs and the physical characteristics of the home.
(e)
The provider has trained the caregiver to meet the routine and emergency needs
of the residents.
(4)
The licensing agency shall establish educational requirements for substitute
caregivers and other caregivers designed to impart the practical knowledge and
skills necessary to maintain the health, safety and welfare of residents. The
training shall include a test established by the licensing agency to be
completed by the caregiver. The test shall be completed by the caregiver
without the help of any other person. [1995 c.667 §18; 2009 c.595 §791d; 2009
c.837 §30]
Note:
443.730 and 443.740 were added to and made a part of 443.705 to 443.825 by
legislative action but were not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
443.733 Collective bargaining.
(1) As used in this section, “adult foster care home provider” means a person
who operates an adult foster home in the provider’s home and who receives fees
or payments from the state for providing adult foster care home services. “Adult
foster care home provider” does not include a person:
(a)
Who is a resident manager of an adult foster home who does not provide adult
foster care home services in the resident manager’s own home or who does not
have a controlling interest in, or is not an officer or partner in, the entity
that is the provider of adult foster care home services;
(b)
Who is not a natural person; or
(c)
Whose participation in collective bargaining is determined by the licensing
agency to be inconsistent with this section or in violation of state or federal
law.
(2)
For purposes of collective bargaining under ORS 243.650 to 243.782, the State
of Oregon is the public employer of record of adult foster care home providers.
(3)
Notwithstanding ORS 243.650 (19), adult foster care home providers are considered
to be public employees governed by ORS 243.650 to 243.782. Adult foster care
home providers have the right to form, join and participate in the activities
of labor organizations of their own choosing for the purposes of representation
and collective bargaining on matters concerning labor relations. Mandatory
subjects of collective bargaining include but are not limited to provider base
rates and add-on payments. These rights shall be exercised in accordance with
the rights granted to public employees, with mediation and interest arbitration
under ORS 243.742 as the method of concluding the collective bargaining
process. Adult foster care home providers may not strike.
(4)
Notwithstanding subsections (2) and (3) of this section, adult foster care home
providers are not for any other purpose employees of the State of Oregon or any
other public body.
(5)
The Oregon Department of Administrative Services shall represent the State of
Oregon in collective bargaining negotiations with the certified or recognized
exclusive representative of an appropriate bargaining unit of adult foster care
home providers. The Oregon Department of Administrative Services is authorized
to agree to terms and conditions of collective bargaining agreements on behalf
of the State of Oregon.
(6)
Notwithstanding ORS 243.650 (1), an appropriate bargaining unit for adult
foster care home providers is any bargaining unit recognized by the Governor in
an executive order issued prior to January 1, 2008.
(7)
This section does not modify any right of an adult receiving foster care. [2007
c.834 §2; 2009 c.595 §791e; 2009 c.869 §1]
Note:
443.733 was added to and made a part of 443.705 to 443.825 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
443.735 Issuance of license; fee;
standards; renewal; burden of proof; rules. (1)
Applications for a license to maintain and operate an adult foster home shall
be made on forms provided by the licensing agency. Each application shall be
accompanied by a fee of $20 per bed requested for licensing.
(2)
Upon receipt of an application and fee, the licensing agency shall conduct an
investigation.
(3)
The licensing agency shall not issue an initial license unless:
(a)
The applicant and adult foster home are in compliance with ORS 443.002 and
443.705 to 443.825 and the rules of the licensing agency;
(b)
The licensing agency has completed an inspection of the adult foster home;
(c)
The licensing agency 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 licensing agency has determined that the registry maintained under ORS
441.678 contains no finding that the applicant or any nursing assistant
employed by the applicant has been responsible for abuse; and
(e)
The applicant has demonstrated to the licensing agency the financial ability
and resources necessary to operate the adult foster home. The licensing agency
shall adopt rules as the agency 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 licensing agency with a list of any unsatisfied judgments,
pending litigation and unpaid taxes and notifying the agency regarding whether
the applicant is in bankruptcy. If the applicant is unable to demonstrate the
financial ability and resources required by this paragraph, the licensing
agency may require the applicant to furnish a financial guarantee as a
condition of initial licensure.
(4)
The licensing agency may not renew a license under this section unless:
(a)
The applicant and the adult foster home are in compliance with ORS 443.002 and
443.705 to 443.825 and the rules of the licensing agency;
(b)
The licensing agency has completed an inspection of the adult foster home;
(c)
The licensing agency 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 licensing agency has determined that the registry maintained under ORS
441.678 contains no finding that the applicant or any nursing assistant
employed by the applicant has been responsible for abuse.
(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 licensing agency.
(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 licensing agency to establish noncompliance with ORS 443.705 to 443.825 and
the rules of the agency.
(6)(a)
Persons who have been convicted of one or more crimes that, as determined by
rules of the licensing agency, are substantially related to the qualifications,
functions or duties of a provider, 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 licensing agency 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 adult foster 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 licensing agency 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 adult
foster homes and has demonstrated the ability to provide to the residents of
those adult foster homes care that is adequate and substantially free from
abuse and neglect.
(10)(a)
All moneys collected under ORS 443.725 to 443.780 from adult foster homes that
are licensed to serve persons with mental, emotional or behavioral disturbances
or alcohol or drug dependence shall be deposited in a special account in the
General Fund, and are appropriated continuously for payment of expenses
incurred by the Oregon Health Authority.
(b)
All moneys collected under ORS 443.725 to 443.780 from adult foster homes
licensed to serve persons who are elderly, have physical disabilities or have
developmental disabilities shall be deposited in the Quality Care Fund
established in ORS 443.001.
(11)
Notwithstanding any other provision of this section or ORS 443.725 or 443.738,
the licensing agency may issue a 60-day provisional license to a qualified
person if the agency 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. [1983 c.629 §4; 1985 c.663 §4;
1991 c.960 §5; 1995 c.180 §2; 1995 c.667 §10; 1999 c.205 §1; 2001 c.900 §189;
2005 c.730 §24; 2009 c.418 §4; 2009 c.595 §791f; 2009 c.828 §§20,89a]
443.738 Educational standards for
providers, managers and caregivers; rules; exception; duties of providers.
(1) Except as provided in subsection (3) of this section, all providers,
resident managers and substitute caregivers for adult foster homes shall
satisfactorily meet all educational requirements established by the licensing
agency. After consultation with representatives of providers, educators,
residents’ advocates and the Long Term Care Ombudsman, the licensing agency
shall adopt by rule standards governing the educational requirements. The rules
shall require that a person may not provide care to any resident prior to
acquiring education or supervised training designed to impart the basic
knowledge and skills necessary to maintain the health, safety and welfare of
the resident. Each provider shall document compliance with the educational
requirements for persons subject to the requirements.
(2)
The rules required under subsection (1) of this section shall include but need
not be limited to the following:
(a)
A requirement that, before being licensed, a provider successfully completes
training that satisfies a defined curriculum, including demonstrations and
practice in physical caregiving, screening for care and service needs,
appropriate behavior towards residents with physical, cognitive and mental disabilities
and issues related to architectural accessibility;
(b)
A requirement that a provider pass a test before being licensed or becoming a
resident manager. The test shall evaluate the ability to understand and respond
appropriately to emergency situations, changes in medical conditions,
physicians’ orders and professional instructions, nutritional needs, residents’
preferences and conflicts; and
(c)
A requirement that, after being licensed, a provider or resident manager
successfully completes continuing education as described in ORS 443.742.
(3)
After consultation with representatives of providers, educators, residents’
advocates and the Long Term Care Ombudsman, the licensing agency may adopt by
rule exceptions to the training requirements of subsections (1) and (2) of this
section for persons who are appropriately licensed medical care professionals
in Oregon or who possess sufficient education, training or experience to
warrant an exception. The licensing agency may not make any exceptions to the testing
requirements.
(4)
The licensing agency may permit a person who has not completed the training or
passed the test required in subsection (2)(a) and (b) of this section to act as
a resident manager until the training and testing are completed or for 60 days,
whichever is shorter, if the licensing agency determines that an unexpected and
urgent staffing need exists. The licensed provider must notify the licensing
agency of the situation and demonstrate that the provider is unable to find a
qualified resident manager, that the person has met the requirements for a
substitute caregiver for the adult foster home and that the provider will
provide adequate supervision.
(5)
Providers shall serve three nutritionally balanced meals to residents each day.
A menu for the meals for the coming week shall be prepared and posted weekly.
(6)
Providers shall make available at least six hours of activities each week which
are of interest to the residents, not including television or movies. The
licensing agency shall make information about resources for activities
available to providers upon request. Providers or substitute caregivers shall
be directly involved with residents on a daily basis.
(7)
Providers shall give at least 30 days’ written notice to the residents, and to
the legal representative, guardian or conservator of any resident, before
selling, leasing or transferring the adult foster home business or the real
property on which the adult foster home is located. Providers shall inform real
estate licensees, prospective buyers, lessees and transferees in all written
communications that the license to operate an adult foster home is not
transferable and shall refer them to the licensing agency for information about
licensing.
(8)
If a resident dies or leaves an adult foster home for medical reasons and
indicates in writing the intent to not return, the provider may not charge the
resident for more than 15 days or the time specified in the provider contract,
whichever is less, after the resident has left the adult foster home. The
provider has an affirmative duty to take reasonable actions to mitigate the
damages by accepting a new resident. However, if a resident dies or leaves an
adult foster home due to neglect or abuse by the provider or due to conditions
of imminent danger to life, health or safety, the provider may not charge the
resident beyond the resident’s last day in the home. The provider shall refund
any advance payments within 30 days after the resident dies or leaves the adult
foster home.
(9)
Chemical and physical restraints may be used only after considering all other
alternatives and only when required to treat a resident’s medical symptoms or
to maximize a resident’s physical functioning. Restraints may not be used for
discipline of a resident or for the convenience of the adult foster home.
Restraints may be used only as follows:
(a)
Psychoactive medications may be used only pursuant to a prescription that
specifies the circumstances, dosage and duration of use.
(b)
Physical restraints may be used only pursuant to a qualified practitioner’s
order that specifies the type, circumstances and duration of use in accordance
with rules adopted by the licensing agency. The rules adopted by the licensing
agency relating to physical restraints shall include standards for use and
training.
(10)
If the physical characteristics of the adult foster home do not encourage
contact between caregivers and residents and among residents, the provider
shall demonstrate how regular positive contact will occur. Providers may not
place residents who are unable to walk without assistance in a basement,
split-level, second story or other area that does not have an exit at ground
level. Nonambulatory residents shall be given first floor rooms.
(11)(a)
The provider may not transfer or discharge a resident from an adult foster home
unless the transfer or discharge is necessary for medical reasons, for the
welfare of the resident or for the welfare of other residents, or due to
nonpayment. In such cases, the provider shall give the resident written notice
as soon as possible under the circumstances.
(b)
The provider shall give the resident and the resident’s legal representative,
guardian or conservator written notice at least 30 days prior to the proposed
transfer or discharge, except in a medical emergency including but not limited
to a resident’s experiencing an increase in level of care needs or engaging in
behavior that poses an imminent danger to self or others. In such cases, the
provider shall give the resident written notice as soon as possible under the
circumstances.
(c)
The resident has the right to an administrative hearing prior to an involuntary
transfer or discharge. If the resident is being transferred or discharged for a
medical emergency, or to protect the welfare of the resident or other
residents, as defined by rule, the hearing must be held within seven days of
the transfer or discharge. The provider shall hold a space available for the
resident pending receipt of an administrative order. ORS 441.605 (4) and the
rules thereunder governing transfer notices and hearings for residents of long
term care facilities shall apply to adult foster homes.
(12)
The provider may not include any illegal or unenforceable provision in a
contract with a resident and may not ask or require a resident to waive any of
the resident’s rights.
(13)
Any lessor of a building in which an adult foster home is located may not
interfere with the admission, discharge or transfer of any resident in the
adult foster home unless the lessor is a provider or coprovider on the license.
[1991 c.960 §3; 1995 c.180 §3; 1995 c.667 §11; 2001 c.300 §70; 2003 c.14 §260;
2005 c.226 §1; 2009 c.595 §791g]
443.739 Rights of residents.
Residents of adult foster homes have the following rights. Providers shall
guarantee these rights and help residents exercise them. The provider shall
post a copy of the Residents’ Bill of Rights in the entry or other equally
prominent place in the adult foster home. The Residents’ Bill of Rights states
that each resident of an adult foster home has the right to:
(1)
Be treated as an adult, with respect and dignity.
(2)
Be informed of all resident rights and all house rules.
(3)
Be encouraged and assisted to exercise legal rights, including the right to
vote.
(4)
Be informed of the resident’s medical condition and the right to consent to or
refuse treatment.
(5)
Receive appropriate care and services, and prompt medical care as needed.
(6)
A safe and secure environment.
(7)
Be free from mental and physical abuse.
(8)
Be free from chemical or physical restraints except as ordered by a physician
or other qualified practitioner.
(9)
Complete privacy when receiving treatment or personal care.
(10)
Associate and communicate privately with any person the resident chooses.
(11)
Send and receive personal mail unopened.
(12)
Participate in activities of social, religious and community groups.
(13)
Have medical and personal information kept confidential.
(14)
Keep and use a reasonable amount of personal clothing and belongings, and to
have a reasonable amount of private, secure storage space.
(15)
Manage the resident’s own money and financial affairs unless legally
restricted.
(16)
Be free from financial exploitation. The provider may not charge or ask for
application fees or nonrefundable deposits and may not solicit, accept or
receive money or property from a resident other than the amount agreed to for
services.
(17)
A written agreement regarding the services to be provided and the rate schedule
to be charged. The provider must give 30 days’ written notice before any change
in the rates or the ownership of the home.
(18)
Not to be transferred or moved out of the adult foster home without 30 days’
advance written notice and an opportunity for a hearing. A provider may transfer
or discharge a resident only for medical reasons including a medical emergency
described in ORS 443.738 (11)(b), or for the welfare of the resident or other
residents, or for nonpayment.
(19)
Be free of discrimination in regard to race, color, religion, sex, sexual
orientation or national origin.
(20)
Make suggestions and complaints without fear of retaliation. [1991 c.960 §11;
1995 c.667 §12; 2003 c.14 §261; 2007 c.100 §27]
443.740 Information on licensed adult
foster homes; availability; content. (1) The
licensing agency 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 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 the licensing agency, the actions taken by the agency and the
outcome of the complaint investigation;
(g)
An explanation of the terms used in the investigation report;
(h)
Any license conditions, suspensions, denials, revocations, civil penalties,
exceptions or other actions taken by the licensing agency involving the home;
and
(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 licensing
agency or a local licensing office shall include notification to the reader of
the availability of public records concerning the homes. [1995 c.667 §17; 1997
c.741 §1; 2001 c.447 §3; 2003 c.14 §262; 2009 c.595 §791h]
Note: See
note under 443.730.
443.742 Annual continuing education
requirements; rules. (1) The licensing agency shall
require all providers and resident managers to complete annually 12 hours of
continuing education approved by the agency, related to:
(a)
Care of the elderly and persons with disabilities; and
(b)
Business operations of adult foster homes.
(2)
Providers and resident managers may not fulfill the continuing education
requirements described in subsection (1) of this section with more than four
hours of continuing education related to the business operations of adult
foster homes.
(3)
The licensing agency may, by rule, establish continuing education requirements
for caregivers who are not providers. [2005 c.226 §3; 2009 c.595 §791i]
Note:
443.742 was added to and made a part of 443.705 to 443.825 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
443.745 Denial, suspension or revocation;
conditional license; review. (1) A license
may be denied, suspended, revoked or have conditions attached upon a finding by
the licensing agency of any of the following:
(a)
There exists a threat to the health, safety or welfare of any resident.
(b)
There is reliable evidence of abuse, neglect or exploitation of any resident.
(c)
The facility is not operated in compliance with ORS 443.705 to 443.825 or the
rules adopted thereunder.
(d)
Such other circumstances as may be established by the licensing agency by rule.
(2)
Conditions attached to a license shall be effective upon order of the director
of the licensing agency.
(3)
Suspension or revocation of a license authorized by this section for any reason
other than abuse, neglect or exploitation of the resident shall be preceded by
a hearing under ORS chapter 183 if requested by the provider.
(4)
If the license is suspended or revoked for the reason of abuse, neglect or
exploitation of a resident, the provider may request a review in writing within
10 days after notice of the suspension or revocation. If a request is made, the
director shall review all material relating to the allegation of abuse, neglect
or exploitation and to the suspension or revocation within 10 days of the request.
The director shall determine, based on review of the material, whether or not
to sustain the decision to suspend or revoke. If the director determines not to
sustain the decision, the license shall be restored immediately. The decision
of the director is subject to judicial review as a contested case under ORS
chapter 183.
(5)
In the event the license to maintain an adult foster home is ordered suspended
or revoked, the licensing agency may withhold service payments until the
defective situation is corrected. For protection of residents, the licensing
agency may arrange for them to move.
(6)
A provider whose license has been revoked or whose application has been denied
shall not be permitted to make a new application for one year from the date the
revocation or denial is final, or for a longer period specified in the order
revoking or denying the license.
(7)
The licensing agency shall deny the application or revoke the license of any
person who falsely represents that the person has not been convicted of a
crime. [1983 c.629 §5; 1985 c.663 §5; 1987 c.431 §1; 1995 c.667 §13; 2009 c.595
§791j]
443.755 Entry and inspection of homes;
access to residents; inspection report; fire inspection.
(1) The licensing agency staff shall be permitted access to enter and inspect
all licensed adult foster homes. The licensing agency shall be permitted access
to enter and inspect any unlicensed adult foster home upon the receipt of an
oral or written complaint, or in case the agency itself has cause to believe
that an adult foster home is operating without a license or there exists a
threat to the health, safety or welfare of any resident. The licensing agency
staff shall be permitted access to the residents of adult foster homes in order
to interview residents privately and to inspect residents’ records.
(2)
The state or local fire inspectors shall be permitted access to enter and
inspect adult foster homes regarding fire safety upon request of the licensing
agency.
(3)(a)
The licensing agency shall provide to each licensed adult foster home in the
state in writing in clear concise language readily comprehensible by the
average person a copy of the inspection report of the most recent inspection of
that home conducted by the agency.
(b)
The provider shall post the inspection report in the entry or equally prominent
place and shall, upon request, provide a copy of the information to each
resident of, or person applying for admission to, the home, or the legal
representative, guardian or conservator of the resident or applicant. [1983
c.629 §6; 1985 c.663 §6; 1991 c.960 §6; 2009 c.595 §791k]
443.760 Application of single family
dwelling code requirements to home; rules; evacuation requirement; lease rate.
(1) Adult foster homes that are certified as residential homes as defined in
ORS 197.660 shall meet all state and local building, sanitation, utility and
fire code requirements applicable to single family dwellings. However, by rule,
the licensing agency may adopt more stringent standards upon a finding that
there is a significant health or safety threat to residents that necessitates a
standard not imposed on other single family dwellings.
(2)
In adopting more stringent standards, the licensing agency shall consult with
the Department of Consumer and Business Services and the office of the State
Fire Marshal to insure adequate evacuation of residents.
(3)
As used in this section, “adequate evacuation” means the ability of a provider
to evacuate all residents from the dwelling within three minutes.
(4)
If a licensed provider rents or leases the premises where the adult foster home
is located, the lessor shall charge a flat rate for the lease or rental. [1993
c.146 §1; 1995 c.180 §4; 2009 c.595 §791L]
443.765 Complaint procedure; retaliation
prohibited; notice of rates and rules; liability for complaints.
(1) Complaints against adult foster homes may be filed with the licensing
agency by any person, whether or not a resident of the home. The licensing
agency shall investigate complaints regarding adult foster homes and shall
adopt by rule standards governing investigations pursuant to this section.
(2)
The licensing agency shall prepare a notice which must be posted in a
conspicuous place in each adult foster home stating the telephone number of the
agency and the procedure for making complaints.
(3)
The licensing agency 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
licensing agency concludes the investigation of a complaint, the agency 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 licensing agency.
(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 licensing agency.
(b)
If a resident, or a person acting on the resident’s behalf, files a complaint
with the licensing agency, the owner or operator of an adult foster home may
not retaliate against the resident by:
(A)
Increasing charges;
(B)
Decreasing services, rights or privileges;
(C)
Threatening to increase charges or decrease services, rights or privileges;
(D)
Taking or threatening to take any action to coerce or compel the resident to
leave the facility; or
(E)
Abusing or threatening to harass or abuse a resident in any manner.
(c)
The owner or operator of an adult foster home may not retaliate against any
person who files a complaint or any witness or employee of a facility
interviewed about the complaint, including but not limited to retaliation by
restriction of otherwise lawful access to the adult foster 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 filing of a complaint pursuant to
this section is immune from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to the filing or substance of the
complaint. Any such participant shall have the same immunity with respect to
participating in any judicial proceeding resulting from the complaint. A person
does not act in good faith for the purposes of this subsection if the substance
of the complaint is false and:
(a)
The person knows that the substance of the complaint is false; or
(b)
The person makes the complaint with the intent to harm the owner or operator of
the adult foster home, or the adult foster home, and the person shows a
reckless disregard for the truth or falsity of the substance of the complaint. [1983
c.629 §7; 1985 c.651 §3; 1991 c.960 §7; 2001 c.447 §1; 2009 c.595 §791m]
443.767 Investigation of complaint; rules.
(1) When the licensing agency receives a complaint that alleges that a resident
of a licensed adult foster home has been injured, abused or neglected, and that
the 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 licensing agency shall take appropriate corrective action
immediately.
(2)
When the licensing agency receives a complaint that alleges the existence of
any circumstance that could result in injury, abuse or neglect of a resident of
a licensed adult foster home, and that the circumstance could place the
resident’s health or safety in imminent danger, the agency shall investigate
the complaint promptly. If the investigator determines that the complaint is
substantiated, the agency shall take appropriate corrective action promptly.
(3)
After public hearing, the licensing agency 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
licensing agency may take a reasonable amount of additional time in which to
complete the investigation.
(4)
The licensing agency 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 licensing agency shall mail a copy of the investigation report 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 office of the licensing agency or the type B area agency on aging, if
appropriate. When the licensing agency or type B area agency on aging concludes
the investigation of a complaint, the licensing agency 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 licensing agency whether or not
the investigation report concludes that the complaint is substantiated. [1991
c.960 §8; 2001 c.447 §2; 2001 c.900 §190; 2009 c.595 §791n]
443.769 Public disclosure of investigatory
information. (1) When the Department of Human
Services or a type B area agency on aging discloses a file, form or report to
the public pursuant to ORS 443.740, 443.765 or 443.767, the department or
agency may not disclose information about residents that is protected from
disclosure by state or federal law or information that is described in
subsection (2) of this section unless the resident has provided a written
authorization for disclosure of the information.
(2)
This section applies to:
(a)
The name of a resident and to demographic or other information that can be used
to identify a resident.
(b)
Any health information that relates to:
(A)
The past, present or future physical or mental health or condition of a
resident;
(B)
The provision of health care to a resident; or
(C)
The past, present or future payment for the provision of health care to a
resident.
(3)
As used in this section, “resident” means an individual receiving care in an
adult foster home. [2009 c.44 §1]
Note:
443.769 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 443 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
443.775 Rules; level of care; exception to
limit on residents with nursing care needs; reports on exceptions; provider
duties; enforcement; civil penalties. (1) The
licensing agency shall adopt rules governing adult foster homes and the level
of care provided in such homes, including the provision of care to more than
one person with nursing care needs under specified conditions and agency
approval, such as are necessary to protect the health, safety or welfare of the
residents and to provide for an appropriate continuum of care, but shall not be
inconsistent with the residential nature of the living accommodations and the
family atmosphere of the home. The rules shall be consistent with rules adopted
by the Oregon State Board of Nursing under ORS 678.150 (8).
(a)
An exception to the limit of one resident with nursing care needs may be
granted if the provider proves to the licensing agency by clear and convincing
evidence that such an exception will not jeopardize the care, health, safety or
welfare of the residents and that the provider is capable of meeting the
additional care needs of the new resident.
(b)
The licensing agency, and the counties acting under the exemption granted
pursuant to ORS 443.780, shall report on a quarterly basis to the Legislative
Assembly on the number of exceptions granted during the quarter pursuant to
paragraph (a) of this subsection.
(2)
The provider may not employ a resident manager who does not meet the
classification standard for the adult foster home.
(3)
The provider shall be able to meet the night care needs of a resident before
admitting the resident. The provider shall include night care needs in the
resident’s care plan.
(4)
The provider shall screen a prospective resident before admitting the resident.
The screening shall include but is not limited to diagnosis, medications,
personal care needs, nursing care needs, night care needs, nutritional needs,
activities and lifestyle preferences. A copy of the screening shall be given to
the prospective resident or the prospective resident’s representative.
(5)
The licensing agency shall make rules to ensure that any employee who makes a
complaint pursuant to ORS 443.755 shall be protected from retaliation.
(6)
For adult foster homes in which clients reside for whom the licensing agency
pays for care, including homes in which the provider and the resident are
related, the agency may require substantial compliance with its rules relating
to standards for care of the client as a condition for paying for care.
(7)
By order the director of the licensing agency may delegate authority under this
section to personnel other than of the licensing agency.
(8)
The licensing agency may commence a suit in equity to enjoin maintenance of an
adult foster home if:
(a)
The home is operated without a valid license under this section; or
(b)
After the license to maintain the home is ordered suspended or revoked, a
reasonable time for placement of residents in other facilities has been allowed
but such placement has not been accomplished.
(9)
The licensing agency shall establish by rule the maximum capacity of adult
foster homes, including all nonrelated and related persons receiving
residential care and day care.
(10)
Except as provided in subsection (11) of this section, any person who violates
a provision of ORS 443.705 to 443.825 or the rules adopted thereunder may be
subjected to the imposition of a civil penalty, to be fixed by the licensing
agency by rule, not to exceed $100 per violation, to a maximum of $250 or, per
occurrence of substantiated abuse, a maximum of $1,000.
(11)(a)
If the licensing agency determines that there is reasonable cause to believe
that abuse occurred in an adult foster home licensed by the licensing agency
and if the abuse resulted in the death, serious injury, rape, sexual abuse or
sexual exploitation of a resident, the licensing agency shall impose a civil
penalty on the adult foster home of not less than $2,500 for each violation.
(b)
This subsection does not apply to adult foster homes licensed by the licensing
agency to serve only persons with mental illness or with alcohol or drug
addiction.
(c)
The licensing agency shall by rule define “serious injury,” “rape,” “sexual
abuse” and “sexual exploitation” for purposes of this subsection.
(12)
All penalties recovered pursuant to this section shall be deposited in the
Quality Care Fund established in ORS 443.001. [1983 c.629 §8; 1985 c.663 §7;
1987 c.369 §2; 1987 c.430 §2; 1987 c.431 §2; 1991 c.960 §9; 1995 c.667 §14;
2001 c.900 §191; 2009 c.535 §34; 2009 c.595 §791o; 2009 c.828 §90]
443.780 Exemption where county has
licensing and inspection program. (1) The
director of the licensing agency may exempt from the license, inspection and
fee provisions of ORS 443.705 to 443.825 adult foster homes in those counties
where there is a county agency which provides similar programs for licensing
and inspection that the director finds are equal to or superior to the
requirements of ORS 443.705 to 443.825.
(2)
ORS 443.775 (5) applies regardless of any exceptions granted to a county
agency. [1985 c.663 §11; 1995 c.667 §19; 2009 c.595 §791p]
443.785 Admission of Medicaid recipients.
The licensing agency may not require an adult foster home that elects to
provide care for a Medicaid recipient to admit an additional Medicaid resident
under a contract with the agency. [1999 c.204 §2; 2009 c.595 §791q]
443.790 Authority to impose civil penalty;
factors to be considered; rules. (1) In
addition to any other liability or penalty provided by law, the director of the
licensing agency may impose a civil penalty on a person for any of the
following:
(a)
Violation of any of the terms or conditions of a license issued under ORS
443.735.
(b)
Violation of any rule or general order of the licensing agency that pertains to
a facility.
(c)
Violation of any final order of the director that pertains specifically to the
facility owned or operated by the person incurring the penalty.
(d)
Violation of ORS 443.745 or of rules required to be adopted under ORS 443.775.
(e)
Violation of the requirement to have a license under ORS 443.725 (1).
(2)
The director shall impose a civil penalty not to exceed $500, unless otherwise
required by law, on any adult foster home for falsifying resident or facility
records or causing another to do so.
(3)
The director shall impose a civil penalty of $250 on a provider who violates
ORS 443.725 (3).
(4)
The director shall impose a civil penalty of not less than $250 nor more than
$500, unless otherwise required by law, on a provider who admits a resident
knowing that the resident’s care needs exceed the license classification of the
provider if the admission places the resident or other residents at grave risk
of harm.
(5)(a)
In every case other than those involving the health, safety or welfare of a
resident, the director shall prescribe a reasonable time for elimination of a
violation but except as provided in paragraph (b) of this subsection shall not
prescribe a period to exceed 30 days after notice of the violation.
(b)
The director may approve a reasonable amount of time in excess of 30 days if
correction of the violation within 30 days is determined to be impossible.
(6)
In imposing a civil penalty, the director shall consider the following factors:
(a)
The past history of the person incurring a penalty in taking all feasible steps
or procedures necessary or appropriate to correct any violation.
(b)
Any prior violations of statutes, rules or orders pertaining to facilities.
(c)
The economic and financial conditions of the person incurring the penalty.
(d)
The immediacy and extent to which the violation threatens or threatened the
health, safety or welfare of one or more residents.
(7)
The licensing agency shall adopt rules establishing objective criteria for the
imposition and amount of civil penalties under this section. [1987 c.431 §§4,6;
1991 c.413 §6; 1991 c.960 §10; 1995 c.667 §15; 2009 c.595 §791r; 2009 c.837 §34;
2011 c.37 §1]
443.795 Civil penalty; notice; hearing.
(1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS
183.745.
(2)
Notwithstanding ORS 183.745, the person to whom the notice is addressed shall
have 10 days from the date of service of the notice in which to make written
application for a hearing before the director of the licensing agency.
(3)
The licensing agency shall conduct the hearing and issue the final order within
180 days after any hearing request. [1987 c.431 §5; 1991 c.734 §25; 1991 c.960 §12;
2003 c.14 §263; 2009 c.595 §791s]
443.805 [1987
c.431 §7; repealed by 1991 c.734 §122]
443.815 Judicial review of penalties.
Judicial review of civil penalties imposed under ORS 443.790 shall be as
provided under ORS 183.480, except that the court may, in its discretion,
reduce the amount of the penalty. [1987 c.431 §8]
443.825 Disposition of penalties
recovered. All penalties recovered under ORS
443.790 to 443.815 shall be deposited in the Quality Care Fund established in
ORS 443.001. [1987 c.431 §9; 2009 c.837 §35]
DEVELOPMENTAL DISABILITY CHILD FOSTER
HOMES
443.830 Definitions for ORS 443.830 and
443.835. As used in this section and ORS
443.835:
(1)
“Child” means a person for whom developmental disability services are planned
and provided and who is:
(a)
Under 18 years of age; or
(b)
At least 18 years of age but less than 22 years of age and resides in a
developmental disability child foster home and whose needs, as determined by
the individual support plan team, are best met if services are provided in a
developmental disability child foster home.
(2)
“Department” means the Department of Human Services.
(3)(a)
“Developmental disability child foster home” means any home maintained by a
person who has under the care of the person, in the home, a child found
eligible for developmental disability services for the purpose of providing the
child with supervision, food and lodging. The child must be unrelated to the
person by blood or marriage and be unattended by the child’s parent or
guardian.
(b)
“Developmental disability child foster home” does not include:
(A)
A boarding school that is essentially and primarily engaged in educational
work;
(B)
A home in which a child is provided with room and board by a school district
board; or
(C)
A foster home under the direct supervision of a private child-caring agency.
(4)
“Individual support plan team” means a team composed of the child, the child’s
parent or guardian, the community mental health program representative and
representatives of all current service providers that develops a written plan
of services covering a 12-month period for a child. [1999 c.316 §4; 2001 c.463 §1;
2001 c.900 §192]
Note:
443.830 and 443.835 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 443 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
443.835 Certificate required; rules.
(1) A person may not operate a developmental disability child foster home
without having a certificate issued by the Department of Human Services.
(2)
A person may apply for a certificate to operate a developmental disability
child foster home by submitting an application to the department on a form
furnished by the department.
(3)
Upon receipt of an application under subsection (2) of this section, the department
shall cause an investigation to be made of the applicant and the applicant’s
home. The department shall determine whether to issue a certificate to the
applicant and, if a certificate is to be issued, whether to issue a conditional
certificate or a regular certificate. The certificate shall be in the form
prescribed by the department by rule.
(4)
After notice and an opportunity for hearing as provided in ORS 183.310 to
183.482, the department may deny, refuse to renew or revoke a certificate to
operate a developmental disability child foster home. A person whose
application for a certificate has been denied, not renewed or revoked may
appeal the decision to the Court of Appeals in the manner provided in ORS
183.480 for the review of orders in contested cases.
(5)
The department may adopt rules to carry out the intent and purposes of this
section and ORS 443.830. [1999 c.316 §5]
Note: See
note under 443.830.
HOSPICE PROGRAMS
443.850 Definitions for ORS 443.850 to
443.869. As used in ORS 443.850 to 443.869:
(1)
“Hospice program” means a coordinated program of home and inpatient care,
available 24 hours a day, that utilizes an interdisciplinary team of personnel
trained to provide palliative and supportive services to a patient-family unit
experiencing a life threatening disease with a limited prognosis. A hospice
program is an institution for purposes of ORS 146.100.
(2)
“Hospice services” means items and services provided to a patient-family unit
by a hospice program or by other individuals or community agencies under a
consulting or contractual arrangement with a hospice program. Hospice services
include acute, respite, home care and bereavement services provided to meet the
physical, psychosocial, spiritual and other special needs of a patient-family
unit during the final stages of illness, dying and the bereavement period.
(3)
“Interdisciplinary team” means a group of individuals working together in a
coordinated manner to provide hospice care. An interdisciplinary team includes,
but is not limited to, the patient-family unit, the patient’s attending
physician or clinician and one or more of the following hospice program
personnel:
(a)
Physician.
(b)
Nurse practitioner.
(c)
Nurse.
(d)
Nurse’s aide.
(e)
Occupational therapist.
(f)
Physical therapist.
(g)
Trained lay volunteer.
(h)
Clergy or spiritual counselor.
(i)
Credentialed mental health professional such as psychiatrist, psychologist,
psychiatric nurse or social worker.
(4)
“Patient-family unit” includes an individual who has a life threatening disease
with a limited prognosis and all others sharing housing, common ancestry or a
common personal commitment with the individual.
(5)
“Person” includes individuals, organizations and groups of organizations. [1987
c.398 §1; 1989 c.697 §3; 2007 c.474 §1; 2009 c.793 §6]
443.860 License required; rules; fees.
(1) A person may not establish, conduct or maintain a hospice program providing
hospice services, or hold itself out to the public as a hospice program,
without obtaining a license from the Oregon Health Authority.
(2)
The authority:
(a)
Shall adopt rules to carry out the provisions of ORS 443.850 to 443.869,
including but not limited to rules for licensure that require an on-site
inspection of each licensed hospice program at least once every three years.
(b)
May accept certification by a federal agency or accreditation by an accrediting
organization approved by the authority as evidence of compliance with the
requirements for licensure adopted under paragraph (a) of this subsection if:
(A)
The certification or accreditation meets standards and conditions established
for hospice programs by the Centers for Medicare and Medicaid Services;
(B)
The hospice program invites the authority to participate in any exit interview
conducted by the agency or organization; and
(C)
The hospice program provides the authority with copies of all documentation
requested by the authority concerning the certification or accreditation.
(3)
The fee to obtain or renew a hospice program license is $750.
(4)
The authority shall prescribe by rule the form and manner for application for
or renewal of a license. The authority shall issue a license to an applicant
that has the necessary qualifications, meets all requirements established by
the authority by rule and has paid the fee.
(5)
A license issued under this section is valid for one year and is not
transferable. A license may be renewed by payment of the fee and demonstration
of compliance with requirements for renewal established by the authority by rule.
[1987 c.398 §§2,3; 1989 c.697 §1; 1993 c.110 §3; 1997 c.362 §1; 2003 c.14 §264;
2007 c.474 §2; 2009 c.793 §1; 2011 c.720 §201]
443.861 Moneys to be deposited to Public
Health Account. All moneys received by the
Oregon Health Authority under ORS 443.860 shall be paid into the State Treasury
and deposited to the credit of the Public Health Account established in ORS
431.210. The moneys shall be used by the authority in carrying out its duties
under ORS 443.850 to 443.869. [2009 c.793 §4; 2011 c.720 §202]
443.864 Suspension, revocation or denial
of license. The Oregon Health Authority may
suspend, revoke or refuse to renew the license of a hospice program for failure
to comply with ORS 443.860 or with rules adopted pursuant to ORS 443.860. [2009
c.793 §3; 2011 c.720 §203]
443.865 [1993
c.110 §2; 2009 c.595 §792; repealed by 2009 c.793 §7]
443.869 Civil penalties.
In addition to any other liability or penalty provided by law, the Director of
the Oregon Health Authority may impose a civil penalty of $1,000 per day, up to
$10,000 in any 30-day period, for any of the following:
(1)
Violation of any of the terms or conditions of a license issued under ORS
443.860 to a hospice program.
(2)
Violation of any rule or general order of the Oregon Health Authority that
pertains to a hospice program.
(3)
Violation of any final order of the director that pertains specifically to a
hospice program owned or operated by the person incurring the penalty.
(4)
Violation of ORS 443.860 or of rules adopted under ORS 443.860.
(5)
Civil penalties under this section shall be imposed in the manner provided by
ORS 183.745.
(6)
All penalties recovered under this section shall be paid into the State
Treasury and credited to the General Fund and are available for general governmental
expenses. [2009 c.793 §5; 2011 c.720 §204]
443.870 [1987
c.398 §4; 1993 c.110 §4; 2007 c.474 §3; 2009 c.595 §793; repealed by 2009 c.793
§7]
RESIDENT PROTECTIONS
443.875 Notice of substantiated abuse.
(1) If the Department of Human Services or the Oregon Health Authority
substantiates an allegation of abuse that occurred in a facility, the
department or authority shall immediately notify the facility of its findings.
(2)
Upon receipt of the notice described in subsection (1) of this section, a facility
shall provide written notice of the findings to the individual found to have
committed abuse, residents of the facility, the residents’ case managers and
the residents’ guardians.
(3)
An application for employment at a facility must inquire whether the applicant
has been found to have committed abuse.
(4)
As used in this section:
(a)
“Abuse” has the meaning given that term in ORS 430.735.
(b)
“Facility” means:
(A)
A residential facility as defined in ORS 443.400; or
(B)
An adult foster home as defined in ORS 443.705. [2009 c.837 §5; 2009 c.828 §80;
2010 c.93 §14]
Note:
443.875 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 443 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
443.880 Responsibilities of residential
facility regarding property of resident. (1) The
admission of a person to a residential facility shall not act to create in the
facility, its owner, administrator or employee any authority to manage, use or
dispose of any property of the resident, or any authority or responsibility for
the personal affairs of the person, except as may be necessary for the safety
and orderly management of the facility and as may be required by this section.
(2)
No owner, administrator or employee of a residential facility may act as
guardian, conservator, trustee or attorney in fact for any resident of the
facility unless the resident is related to the owner, administrator or employee
within the third degree of consanguinity. This subsection shall not prevent the
owner, administrator or employee of a residential facility from acting as a
representative payee for the resident.
(3)
A residential facility shall provide for the safekeeping of personal effects,
funds and other property of its residents.
(4)
A residential facility shall keep complete and accurate records of all funds
and other property of its residents received by the facility for safekeeping.
(5)
Any funds or other property belonging to or due to a resident of a residential
facility which are received by a residential facility shall be held in trust
and shall be held separate from the funds and property of the facility and
shall be used only for the account of the resident. Upon request, the facility
shall furnish the resident a complete and certified statement of all funds or
other property to which this section applies, detailing the amounts and items
received, together with their sources and disposition.
(6)
For the purposes of this section, “residential facility” means a domiciliary
care facility as defined by ORS 443.205, a long term care facility as defined
by ORS 442.015, a residential facility as defined by ORS 443.400, an adult
foster home as defined by ORS 443.705 and any residential facility required to
be registered under ORS 443.480 to 443.500. [1991 c.413 §1; 1997 c.249 §144]
443.881 Transfer of property; undue
influence. (1) No owner, employee or administrator
of a residential facility as defined by ORS 443.880 shall cause any person who
is a resident of the facility to deliver to the owner, employee or
administrator any funds or property of the resident by the exercise of undue
influence.
(2)
For the purposes of this section, “undue influence” means that an owner,
employee or administrator of a residential facility has substituted the will or
interests of the owner, employee or administrator for the will or interests of
the resident of the facility. [1991 c.413 §2]
ALZHEIMER’S DISEASE
443.885 Registration of certain
facilities. Any facility that provides care for
patients or residents with Alzheimer’s disease or other dementia by means of an
Alzheimer’s care unit must register with the Department of Human Services. [1991
c.416 §1; 2003 c.14 §265]
443.886 Special indorsement required;
standards; fees; rules. (1) If a facility intends to
provide care for patients or residents with Alzheimer’s disease or other
dementia by means of an Alzheimer’s care unit, the facility must obtain a
special indorsement on its license or registration.
(2)
The Department of Human Services, with the input from representatives of
advocate groups and the long term care industry, shall adopt by rule standards
that ensure that the special needs of any Alzheimer’s patient or resident who
is cared for in a special unit are met and that quality care is provided. The
standards must include but are not limited to provisions for:
(a)
Care planning, including physical design, staffing, staff training, safety,
egress control, individual care planning, admission policy, family involvement,
therapeutic activities and social services;
(b)
Continuity of basic care requirements; and
(c)
Marketing and advertising of the availability of and services from Alzheimer’s
care units.
(3)
The department shall adopt a fee schedule for indorsement, taking into account
the type of facility and the number of patients and residents.
(4)
The department shall enforce rules adopted under subsection (2) of this section
and shall allow a licensee or registrant to retain the special indorsement
required to care for patients and residents with Alzheimer’s disease or other
dementia only so long as the licensee or registrant complies with the rules.
(5)
The special indorsement may be suspended or revoked in the same manner as the
license or registration is suspended or revoked.
(6)
Unless a facility has obtained the indorsement required by subsection (1) of
this section, the facility shall not:
(a)
Advertise the facility as providing an Alzheimer’s care unit; or
(b)
Market the facility as providing an Alzheimer’s care unit.
(7)
As used in this section:
(a)
“Alzheimer’s care unit” means a special care unit in a designated, separated
area for patients and residents with Alzheimer’s disease or other dementia that
is locked, segregated or secured to prevent or limit access by a patient or
resident outside the designated or separated area.
(b)
“Facility” means a nursing home, residential care facility, assisted living
facility or any other like facility required to be licensed by the department.
(c)
“Registry” means a facility will provide the department with information
relating to the Alzheimer’s care unit including the number of residents in the
unit, stage of dementia for each resident, description of how services are
provided, and length of time the unit has been operating. [1991 c.416 §2; 2001
c.900 §193; 2005 c.22 §312]
MISCELLANEOUS
443.888 Exemption from ad valorem property
taxation for certain facilities; certification.
(1)(a) The owner of a long term care facility seeking to have the facility be
exempt from ad valorem property taxation under ORS 307.811 shall apply to the
Department of Human Services for certification of the facility as an essential
community provider long term care facility.
(b)
The application shall be made after the close of the calendar year for which
the average percentage of residents eligible for medical assistance under
Medicaid is to be determined.
(2)
The application shall be in the form and shall contain the information
prescribed by the department, including but not limited to:
(a)
The location of the long term care facility; and
(b)
A statement of the number of residents of the long term care facility during
the previous calendar year and the number of those residents who were eligible
for Medicaid.
(3)
The department shall act upon an application within 15 days after the date the
application has been filed with the department and all requested information
has been provided by the applicant.
(4)
The department shall certify a long term care facility as an essential
community provider long term care facility if the facility:
(a)
Is a nursing facility, assisted living facility or residential care facility
and has an average residency rate of 50 percent or more who are eligible for
Medicaid; or
(b)
Is an adult foster home and has an average residency rate of 60 percent or more
who are eligible for Medicaid.
(5)
The department shall send the certification to the applicant. The certification
shall state the tax year for which the certification is valid.
(6)
A certification under this section shall be valid for the tax year beginning
the July 1 immediately following the calendar year in which the long term care
facility met the Medicaid eligibility residency rate set forth in subsection
(4) of this section.
(7)
As used in this section, “long term care facility” means a nursing facility,
assisted living facility, residential care facility or adult foster home as
defined in ORS 443.705. [1999 c.476 §4; 2005 c.688 §6]
Note:
443.888 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 443 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
PENALTIES
443.990
[Subsection (2) enacted as 1953 c.659 §14; 1969 c.641 §17; repealed by 1977
c.717 §23]
443.991 Penalties.
(1) Violation of ORS 443.015 is punishable as a Class C misdemeanor.
(2)
Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor.
(3)
The Department of Human Services may commence an action to enjoin operation of
a residential care facility, residential training facility or residential
training home:
(a)
If the facility or home is operated without valid licensure; or
(b)
After notice of revocation has been given and a reasonable time for placement
of individuals in other facilities or homes has been allowed.
(4)
The Oregon Health Authority may commence an action to enjoin operation of a
residential treatment facility or residential treatment home:
(a)
If the facility or home is operated without valid licensure; or
(b)
After notice of revocation has been given and a reasonable time for placement
of individuals in other facilities or homes has been allowed.
(5)
Violation of ORS 443.725 is punishable as a Class C misdemeanor.
(6)
Violation of any provision of ORS 443.755 is a Class B misdemeanor. In
addition, the department may commence an action to enjoin operation of an adult
foster home:
(a)
When an adult foster home is operated without a valid license; or
(b)
After notice of revocation has been given and a reasonable time for placement
of individuals in other facilities has been allowed.
(7)
Violation of ORS 443.881 is punishable as a Class C misdemeanor. [Subsection
(1) enacted as 1977 c.738 §11; subsection (2) enacted as 1977 c.717 §14; 1979
c.284 §144; 1985 c.663 §8; subsection (5) enacted as 1991 c.413 §3; 2009 c.595 §796]
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