Oregon Revised Statutes
The Legislative Assembly finds that continuing care retirement communities are an important and necessary alternative for the long term residential, social and health maintenance needs for many of Oregon’s senior citizens. The Legislative Assembly recognizes the need for disclosure with respect to the terms of agreements between residents, prospective reside…
As used in this chapter: “Affiliated organization” means any profit or not-for-profit corporation, limited liability company, partnership, sole proprietorship, sponsoring entity or other form of legal entity: That is the lessor of the real property on which the facilities of the provider are situated; That a provider has identified in its disclosure state…
A new continuing care retirement community provider shall register with the Department of Human Services before the provider: Enters into a residency agreement with a nonresident; Solicits either a prospective resident or nonresident to pay an application fee or execute a residency agreement; or Collects an entrance fee. The provider shall apply for regi…
The initial application for registration shall be accompanied by a fee of $500. After the initial registration, the subsequent annual fee shall be $250 per facility.
After entry of an order registering the provider and before the provider enters into any residency agreement with or on behalf of the prospective resident, the provider shall notify prospective residents of their right to review the initial disclosure statement and shall make copies of the statement available upon request. The initial disclosure statement sh…
The provider shall file with the Department of Human Services an annual disclosure statement for the provider’s fiscal year that satisfies the requirements of this section and ORS 101.050. The statement shall be filed within four months following the end of the provider’s fiscal year unless the time is extended by the department. In addition to the informat…
A provider shall establish and maintain at all times: A debt service liquid reserve in an amount equal to or exceeding the total of all principal and interest payments due during the next 12 months on account of a mortgage loan or other long term financing of the continuing care retirement community taking into consideration any anticipated refinancing; and…
If the provider is liquidated, the claims of residents arising under residency agreements shall be preferred claims having priority over other unperfected claims against provider assets.
As a condition of registration for a new continuing care retirement community, the Department of Human Services shall require that the provider establish an escrow account with a bank, trust company or other escrow agent and that any entrance fees received by the provider prior to the date the resident is permitted to occupy the living unit in the CCRC be pl…
Any provider that requires any resident, as a condition of occupancy or use of the facility, to pay an entrance fee, prior to or during the first six months of occupancy in addition to monthly payments, shall provide that a percentage of that entrance fee be refunded to the resident if the residency agreement is terminated, other than by reason of death of t…
A closed bed long term care facility shall be subject to the same requirements as all other long term care facilities, as defined by ORS 442.015, except that it shall be exempt from the certificate of need process provided by ORS 442.315. However, any closed bed long term care facility which initiates under this exemption any new institutional health service…
No provider registration shall be transferred. A registered provider, who wishes to sell or transfer ownership of the continuing care retirement community to another party, shall first obtain approval from the Department of Human Services.
The registration of a provider shall remain in effect until revoked, after notice and hearing, upon written findings of fact by the Department of Human Services that the provider has: Violated any provision of this chapter or any rule or order adopted under this chapter; Failed to file an annual disclosure statement required by ORS 101.052; Failed to make…
The governing body or a designated representative of the provider shall hold meetings with the residents’ council or meetings that are open to all of the residents in a continuing care retirement community at least twice a year for the purpose of free discussion of subjects that may include, but are not limited to, facility income, expenditures, financial tr…
A provider must assist a resident, upon request, in the exercise of the resident’s rights as a citizen of the United States and as a resident of this state. A resident has the right to exercise all rights that do not infringe upon the rights or safety of other residents. A resident has the right to review a provider’s disclosure statements. A provider may …
If the Department of Human Services determines, after notice and hearing, that any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter, the department may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action as in the judgment …
The Continuing Care Retirement Community Advisory Council is created and shall consist of nine members appointed by the Director of Human Services or a designee and shall represent the geographic location of providers in this state. A member must be a resident of this state. Three members must represent providers that are registered pursuant to ORS 101.030 a…
The Department of Human Services shall implement the provisions of this chapter. The department shall adopt such rules as are reasonably necessary for the enforcement of this chapter. The department shall submit any proposed rules to the advisory council prior to proceeding with the notice procedures provided for in ORS 183.335. The department shall conside…
This chapter may be cited as the Continuing Care Retirement Community Provider Registration Act. CHAPTERS 102 TO 104 [Reserved for expansion] _______________