Oregon Revised Statutes
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 improve…
As used in this section: “Facility” means: A residential training facility as defined in ORS 443.400; A residential training home as defined in ORS 443.400; A residential treatment facility as defined in ORS 443.400; A residential treatment home as defined in ORS 443.400; or An adult foster home as defined in ORS 443.705. “Provider” means a person lic…
The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 on: An employee of a residential facility or an adult foster home; 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 h…
As used in this section: “Care” has the meaning given that term in ORS 181A.200. “Facility” means: A long term care facility as defined in ORS 442.015; A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility; and An adult foster home as defined in ORS 443.705. “Home care worker” has the meaning gi…
As used in this section: “Abuse” has the meaning given that term in ORS 430.735. “Facility” means: A residential training facility as defined in ORS 443.400; or A residential training home as defined in ORS 443.400. “Subject individual” has the meaning given that term in ORS 181A.195. The Department of Human Services shall adopt rules to specify the ty…
As used in this section: “Direct care services” means services provided to clients of the Department of Human Services or the Oregon Health Authority by: An adult foster home, as defined in ORS 443.705; A home care worker, as defined in ORS 410.600; A residential facility, as defined in ORS 443.400; or A service provider as defined in ORS 427.101. “Fit…
The Oregon Health Authority shall establish by rule training requirements that must be met before an individual may be permitted to provide in-home care services, as defined in ORS 443.305. The training requirements must include a minimum number of hours of orientation and assessment of competency. The minimum number of hours may be greater for an individual…
As used in this section and ORS 443.417: “Disease outbreak” has the meaning given that term in ORS 431A.005. “Facility” means: A long term care facility, as defined in ORS 442.015; A conversion facility, as defined in ORS 443.400; and A residential care facility, as defined in ORS 443.400, including a residential care facility with a memory care endorse…
As used in this section: “Caregiver registry” has the meaning given that term in ORS 443.014. “Home health agency” has the meaning given that term in ORS 443.014. “Hospice program” has the meaning given that term in ORS 443.850. “In-home care agency” has the meaning given that term in ORS 443.305. “Public entity” means: A health professional regulatory…
As used in ORS 443.014 to 443.105: “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. “Home healt…
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.
The Oregon Health Authority shall conduct an in-person site inspection of a home health agency and a caregiver registry prior to licensure and at least once every three years thereafter. In lieu of an in-person site inspection, the authority may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority th…
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 443.014 to 443.105 and the hospital pays the home health licensing fee under ORS 443.035.
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: $4,000 for a new home health agency license. $2,125 for a renewal of a home health agency license. $1,250 for a change of ownership of a h…
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 443.014 to 443.105, or with the rules of the authority as authorized by ORS 443.085. License denials, suspensions and revocations, assessment of civil pe…
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…
A home health agency licensed in this state shall: Be primarily engaged in providing skilled nursing services and at least one other service delineated in ORS 443.075 (1)(b) and (c); Have policies established by professional personnel associated with the agency or organization, including one or more physicians or naturopathic physicians and one or more reg…
A home health agency must have an order for treatment, plan of treatment or plan of care from a physician, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 for the following services and supplies: Home nursing care provided by or under…
The Oregon Health Authority shall adopt rules to implement ORS 443.014 to 443.105 including, but not limited to: The qualifications of professional and ancillary personnel in order to adequately furnish home health services; Standards for the organization and quality of client care; Procedures for maintaining records; Provision for contractual arrangemen…
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. A licensed home he…
No provision of ORS 443.014 to 443.105 shall be construed to prevent repair or domestic services by any person.
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.
The Oregon Health Authority may adopt rules governing caregiver registries, including but not limited to: The minimum qualifications of individuals whose services are offered through a caregiver registry; Standards for the organization and quality of client care; Procedures for maintaining records; Requirements for contractual arrangements for profession…
As used in this section and ORS 443.195: “Client” means a person who receives home health care services. “Client intake” means the process of gathering information from new clients to facilitate the provision of home health care services. “Home health care services” means items and services furnished to an individual by a home health care services entity,…
To support the safety of home health care staff while working in a home health care setting, each home health care services entity shall: Provide training to home health care staff that: Includes, but is not limited to, training on recognizing hazards that are commonly encountered by home health care staff in home health care settings and protocols for man…
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.
The Legislative Assembly recognizes the importance of providing a high quality of domiciliary care facilities throughout the State of Oregon. 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.
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…
IN-HOME CARE AGENCIES
As used in ORS 443.305 to 443.350: “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 443.014 or an agency with choice services provider under ORS 427.181. “In-home …
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. The authority shall establish classification requirements and qualifications for licensure under this section by rule. The authority shall issue a license to an applicant th…
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. A failure to comply with ORS 443.305 to 443.350 includes, but is not limited to: Failure to provide a written disclosure s…
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 …
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. N…
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. Note: See note under 443.305.
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. Note: See note under 443.305.
AGENCY WITH CHOICE SERVICES
As used in this section: “Agency” means an organization that provides agency with choice services. “Agency with choice services” means services described in subsection (3) of this section that are provided to an individual by an agency using a self-directed service delivery model. “Authorized representative” means a person designated by an individual or t…
As used in ORS 443.370 to 443.376: “Client” means an individual who seeks a long term care referral for the individual or for another individual. “Facility” means: A long term care facility as defined in ORS 442.015. A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility and a facility marketed as …
A person may not provide a long term care referral unless the person is registered with the Department of Human Services under this section. The department shall issue a registration to provide long term care referrals to an applicant who meets requirements established by the department by rule and pays a $750 fee. A registration issued under this section …
Before providing a long term care referral, a referral agent shall provide the client with a disclosure. The disclosure may be made orally if the referral agent makes an audio recording of the disclosure with consent of the client and thereafter provides the client with a written disclosure. The written disclosure must be conspicuous, provided in clear langu…
As used in this section: “Coordinate” means to provide proactive and systematic assistance in obtaining, facilitation of and connection with health and social services, through communication, collaboration and sharing of information among providers of health and social services. “Health and social services” means: Case management; Health navigation; Men…
As used in ORS 443.380 to 443.394: “Administrative action” means an action, inaction or decision by an owner, employee or agent of a residential facility or by a state, local, social service or health agency that could affect the health, safety, welfare or rights of residents of the facility. “Designee” means an individual appointed by the Residential Faci…
The Long Term Care Ombudsman, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416, shall appoint a Residential Facilities Ombudsman for a four-year term. The Residential Facilities Ombudsman serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman…
The Oregon Health Authority, the Department of Human Services and the Residential Facilities Ombudsman shall agree to a format for the authority and the department to provide monthly to the ombudsman updated demographic and licensing information regarding each residential facility for which the Residential Facilities Ombudsman has responsibilities under this…
The Residential Facilities Ombudsman shall, in consultation with the Long Term Care Ombudsman, appoint designees to serve as representatives of the ombudsman in local communities. The ombudsman shall regularly monitor the functions of designees. The Residential Facilities Ombudsman shall prescribe the qualifications of designees by rule. To be appointed as…
The Residential Facilities Ombudsman and each designee shall: Have private and unimpeded access to residential facilities and residents at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: Investigating and resolving complaints made by or on behalf of residents, including by subpoenaing any person to appear a…
If a complaint is made on behalf of a resident who has limited or no decision-making capacity and is unable to communicate consent for the Residential Facilities Ombudsman to investigate the complaint, and: The resident has no known legal representative: The ombudsman shall seek to discern the outcome that the resident desires and shall work to accomplish …
The Residential Facilities Ombudsman shall prepare and distribute to each residential facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and designee, if any, and a poster describing the Residential Facilities Ombudsman Program and providing contact in…
As used in this section, “authorized representative” means an individual who: Is authorized to represent a resident of a residential facility in legal proceedings; Has a power of attorney for a resident; or Is authorized by court order to act on behalf of a resident. “Authorized representative” of a resident does not include an individual accused or susp…
The Residential Facilities Ombudsman appointed under ORS 443.382 may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out ORS 443.380 to 443.394 and the moneys shall be deposited in the Long Term Care Ombudsman Account established under ORS 441.419. Note: See note under 443.380. RESIDENTIAL FACILITI…
As used in ORS 443.400 to 443.455 and 443.991, unless the context requires otherwise: “Behavioral health needs” means mental, emotional or behavioral disturbances. “Conversion facility” means a facility that has applied for, or been issued, a conversion facility license as described in ORS 443.431. “Direct care staff” means the employees of a residential …
For purposes of ORS 443.400 to 443.455 and 443.991, “residential facility” does not include: A residential school; A state or local correctional facility; A youth correction facility as defined in ORS 420.005; 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; …
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. A license issued by the Oregon Health Authority is required in order to operate or maintain a residential treatment facility or residential treatment home. A facility may n…
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 and shall include the facility’s proposed policies and procedures regarding staff and administrator training, service planning, medica…
The Director of Human Services or authorized representative shall 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 443.002 and 443.400 to 443.455 and the rules of the director, and to consult with and advise management concer…
The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The inspection must be conducted by an individual who has training and expertise in foo…
The Department of Human Services or the Oregon Health Authority may revoke, suspend or impose conditions on the license of any residential training facility or residential training home based on criteria adopted by the licensing agency by rule, including but not limited to when: There exists a threat to the health, safety or welfare of a resident; There is…
As used in this section, “substantial compliance” has the meaning given that term in ORS 443.436. A person applying for a license under ORS 443.415 must, in the judgment of the director of the licensing agency, be a person: Who demonstrates an understanding and acceptance of the rules governing residential facilities; Mentally and physically capable of ca…
Except as provided in subsection (2) of this section, the Department of Human Services or the Oregon Health Authority may revoke or suspend the license of any residential care 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 must be taken in accordance with …
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. Before a license is issued for a residential facility as defined in O…
The Department of Human Services, in cooperation with representatives of residential facilities and adult foster homes, shall: Assess the capacity on January 1, 2008, of residential facilities and adult foster homes to serve residents who qualify for state medical assistance; Establish targets for expansion of the capacity assessed in paragraph (a) of this…
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 residential facility and, for a residential training facility or a residential training home, all persons with an ownership interest of …
The Department of Human Services may not grant a residential care facility’s request for an exception to the requirements of ORS 443.400 to 443.455 or any other statutory licensing requirements, unless expressly authorized by statute to grant an exception or to temporarily modify a licensing requirement due to a declaration of a state of emergency. If the d…
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. Except as provided in subsection (3) of this section: All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing a residential care facility, residential training f…
A facility that is licensed as a long term care facility under ORS 441.025 may apply to the Department of Human Services for licensure as a conversion facility. The department shall issue a conversion facility license upon receipt of an application and a fee that meet requirements established by the department by rule. The department shall adopt rules gover…
The Department of Human Services shall develop or obtain, maintain and use, in collaboration with residential care facilities, an objective, technology-based, acuity-based staffing tool. The department may use the tool to: Evaluate whether a residential care facility has qualified awake caregivers sufficient in number to meet the 24-hour scheduled and unsch…
In addition to any other training required by law, all direct care staff employed by a residential care facility shall, prior to providing direct care to residents of the facility, complete training in dementia care that includes: Education on the dementia disease process, including the progression of the disease, memory loss, psychiatric and behavioral sym…
A residential training facility or residential training home licensed by the Department of Human Services shall submit annual staffing data to a nationally standardized reporting survey organization specified by the Department of Human Services. The department shall obtain state-specific data from the nationally standardized reporting survey organization, di…
As used in this section: “Consistently” means regularly and typically. “Substantial compliance” means a level of compliance with state law and with rules of the Department of Human Services such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents. The department shall develop a framework for as…
It is the intent of the Legislative Assembly that, when the Legislative Assembly approves increases in funding of services provided by residential training facilities or residential training homes, wages and health benefits paid to direct support professionals in the residential training facilities or residential training homes be increased at a comparable r…
As used in this section: “Consistently” means regularly and typically. “Direct care staff” means staff who provide services for residents that include assistance with daily living, medication administration, resident-focused activities, supervision and support. “Facility” includes a: Residential care facility as defined in ORS 443.400; and Facility with…
A residential care facility, which includes an assisted living facility, shall provide, at a minimum, the following information to an individual or any person acting on behalf of the individual at the time the individual applies for admission to the residential care facility and upon request: A summary explanation of the services provided by the facility; …
Upon the admission of a resident to a residential care facility: The facility shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. Unless the resident, the resident’s guardian or the resident’s legal representative chooses not to identify a designated contact person…
A residential facility may not admit individuals who require continuous nursing care except as provided in subsection (3) of this section. 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, a naturopathic physi…
The Residential Care Quality Measurement Program is established in the Department of Human Services. Under the program, the department shall, no later than July 1 of each year, publish an annual report, based on data reported by each residential care facility under subsection (2) of this section. Excluding data that identifies a resident, the report must inc…
The Quality Measurement Council is established in the Department of Human Services to prescribe how the department shall implement the Residential Care Quality Measurement Program established under ORS 443.446. The council consists of nine members, appointed by the Governor, as follows: One individual representing the Oregon Patient Safety Commission; One…
As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail. A resident in a residential facility must have a choice: From among prescription drug delivery systems as long as the system selected: Provides for timely delivery of drugs; Prov…
A residential care facility shall ensure that prescription drugs dispensed to residents of the facility are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs. Subsection (1) of this section does not apply to residents receiving pharmacy …
For a residential care facility, residential training facility or residential training home, the Director of Human Services shall adopt rules governing: The physical properties of the facility or home; Storage, preparation and serving of food; Care or training to be provided; The number, experience and training of the staff; and Any other factors affect…
The Director of Human Services shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if: Each resident is over 16 years of age; No more than five individuals with physical disabilities reside in any one building of the facility; and The residential care facility complies with the applic…
A residential facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the residential facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the heal…
As used in this section, “facility” means a residential care facility, residential treatment facility or residential treatment home licensed under ORS 443.410. Notwithstanding ORS 689.800, upon the discharge or release of a resident, a facility shall provide to the resident at least two doses of an opioid overdose reversal medication and the necessary medic…
Except as provided in subsection (5) of this section, 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. The Director of Human Services shall impose penalties on residential care facilities pursuant to ORS 441.731. The director shall impose penalties pursuant to ORS …
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. Pursuant …
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: Provide minimum security, health and safety standards; Require the home or …
As used in this section: “Residential treatment facility” has the meaning given that term in ORS 443.400. “Residential treatment home” has the meaning given that term in ORS 443.400. “Secure residential treatment facility” means a facility described in ORS 443.465. “Secure residential treatment home” means a home described in ORS 443.465. A residential …
REGISTERED COMMUNITY-BASED STRUCTURED HOUSING FACILITIES
As used in ORS 443.480 to 443.500: “Activities of daily living” means: Bathing and personal hygiene; Dressing and grooming; Eating; Mobility; Bowel and bladder management; and Cognition. “Community-based structured housing” means congregate housing where services and support are provided by the owner or operator of the facility or staff of the facili…
Subject to ORS 443.490, a person that owns or operates a community-based structured housing facility offered to the general public that is not licensed or registered under any other law of this state or under a city or county ordinance or regulation shall register the name and address of the owner or operator of the facility with: The Oregon Health Authorit…
If the Oregon Health Authority or the Department of Human Services finds that another governmental entity’s standards for the operation of a facility subject to ORS 443.480 to 443.500 are substantially similar or superior to those under ORS 443.485 (3), the authority or the department may waive the requirements of ORS 443.485. Note: See note under 443.480.
Nothing in ORS 443.480 to 443.500 applies to: Any facility operated by an institution of higher education. 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. Any private or nonprofit retirement facility which does not fall under the generally understood de…
The staff of the Oregon Health Authority or the Department of Human Services shall be permitted access to enter and investigate complaints of abuse in all facilities registered under ORS 443.480 to 443.500 and to ascertain a facility’s compliance with applicable rules, statutes, ordinances and regulations. If the authority has reasonable cause to believe any…
CERTIFICATION OF HOME OR COMMUNITY-BASED SERVICES CAREGIVERS
As used in this section and ORS 443.517: “Employer” means: The Home Care Commission, for caregivers described in paragraph (b)(A) of this subsection. An in-home care agency that hires, enters into an arrangement with or contracts with a caregiver described in paragraph (b)(B) of this subsection. An owner or operator of a residential care facility that em…
The Department of Human Services shall maintain an online home or community-based services caregiver registry accessible to the public. The information to be displayed on the registry for each caregiver shall be limited to the: Name of the caregiver; County and, if applicable, city where the caregiver resides; Certification status of the caregiver under O…
ADULT FOSTER HOMES
As used in ORS 443.705 to 443.825: “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. “Licensed adult foster home” means a home which has been investigated and approved by the licensing agency. This includes …
For purposes of ORS 443.705 to 443.825, “adult foster home” does not include: 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. Any specialized living situation for persons with physical disabilities where the licensing agency provides p…
The Legislative Assembly finds that: Adult foster homes provide needed care and services to thousands of Oregonians who are elderly or have disabilities and who might otherwise be institutionalized; 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 Consistent in…
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. 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. Except as provided in subsection (4) of this…
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. The licensing agency shall require the provider to furnish information describing the planned operation of the adult foster home, including the use of substitute caregiver…
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 state funds for providing adult foster care home services. “Adult foster care home provider” does not include a person: Who is a resident manager of an adult foster home who does not provid…
Consistent with the requirements of ORS 443.705 to 443.825: The Department of Human Services shall adopt: Rules for the licensing of adult foster homes that provide residential care to older adults; Rules for the licensing of adult foster homes that provide residential care to individuals with physical disabilities; and Rules for the licensing of adult f…
As used in this section, “substantial compliance” means a level of compliance with state law and with rules of the licensing agency such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents. Applications for a license to maintain and operate an adult foster home shall be made on forms provided by …
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 or the Reside…
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 righ…
The licensing agency shall maintain current information on all licensed adult foster homes and shall make that information available, with the exception of information exempt from public disclosure under ORS 192.345, to prospective residents and other interested members of the public at local offices or area agencies on aging licensing offices throughout the…
The licensing agency shall require all providers and resident managers to complete annually 12 hours of continuing education approved by the agency, related to: Care of the elderly and persons with disabilities; and Business operations of adult foster homes. Providers and resident managers may not fulfill the continuing education requirements described in…
As used in this section, “caregiver” means an individual who is responsible for providing care and services to residents of an adult foster home, including but not limited to a caregiver and a substitute caregiver. In addition to any other training required by law, all caregivers in an adult foster home licensed to serve older adults and persons with physic…
A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following: There exists a threat to the health, safety or welfare of any resident. There is reliable evidence of abuse, neglect or exploitation of any resident. The facility is not operated in compliance with ORS 443.705 to 443.825 …
The licensing agency staff shall be permitted access to enter and inspect all licensed adult foster homes. The licensing agency shall visit and inspect every adult foster home to determine whether the home is maintained and operated in accordance with ORS 443.002 and 443.705 to 443.825 and the rules of the licensing agency, and to consult with and advise the…
Adult foster homes that are certified as residential homes as defined in ORS 197.660 must 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 resid…
As used in this section, “adult foster home” means an adult foster home that is licensed to provide residential care to older adults or people with physical disabilities. Upon the admission of a resident to an adult foster home, the adult foster home shall provide the resident with information developed by the Long Term Care Ombudsman describing the availab…
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. The licensing agency shall prepare a notice which must be posted…
An adult foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the adult foster home, violations of licensing or certification requirements, criminal activity at the adult foster home, violations of state or federal laws or any practice that threatens the …
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 de…
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 un…
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 cont…
An adult foster home licensed by the Department of Human Services shall ensure that prescription drugs dispensed to residents of the adult foster home are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs. Subsection (1) of this section …
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. ORS 443.775 …
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.
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: Violation of any of the terms or conditions of a license issued under ORS 443.735. Violation of any rule or general order of the licensing agency that pertains to a facility. Violation of any …
Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745. 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. The licensing agency shall conduct the hearing and …
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.
All penalties recovered under ORS 443.790 to 443.815 shall be deposited: In the Quality Care Fund established in ORS 443.001 if paid by an adult foster home licensed to provide residential care to persons with physical disabilities. In the Long Term Care Ombudsman Account established in ORS 441.419 if paid by an adult foster home licensed to provide care t…
As used in this section and ORS 443.835: “Child” means a person for whom developmental disability services are planned and provided and who is: Under 18 years of age; or 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 child’s individual support plan te…
A person may not operate a developmental disability child foster home without having a certificate issued by the Department of Human Services. 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. Upon receipt of an application under…
As used in this section: “Child” means a person: For whom developmental disability services are planned and provided; Who resides in a developmental disability child foster home; and Whose needs, as determined by the child’s individual support plan team, are best met if services are provided in a developmental disability child foster home. “Developmenta…
As used in ORS 443.850 to 443.869: “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 in…
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. The authority: Shall adopt rules to carry out the provisions of ORS 443.850 to 443.869, including but not limited to rules for licensure that requi…
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.
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.
Notwithstanding ORS 443.305 to 443.350 requiring an in-home care agency to obtain a license to provide services that are necessary to assist an individual in meeting the individual’s daily needs but are not curative or rehabilitative, a hospice program licensed under ORS 443.860 is not required to be licensed as an in-home care agency under ORS 443.315 to pr…
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: Violation of any of the terms or conditions of a license issued under ORS 443.860 to a hospice program. Violation of any rule or general order …
RESIDENT PROTECTIONS
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. Upon receipt of the notice described in subsection (1) of this section, a facility shall provide written notice of the findings to the individu…
As used in this section: “Elderly person” means a person who is 65 years of age or older; “Person with a disability” has the meaning given that term in ORS 410.040; and “Psychotropic medication” has the meaning given that term in ORS 418.517. The Department of Human Services, in collaboration with the State Board of Pharmacy, the Oregon Medical Board, th…
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 a…
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. For the purposes of this section, “undue influence” means that an owner, employee or admi…
MEMORY CARE
If a facility intends to provide care for residents with Alzheimer’s disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration. The Department of Human Services, with the input from representatives of advocate groups and the long term care industry, sha…
As used in this section and ORS 443.886 and 443.889: “Acuity-based staffing tool” means the acuity-based staffing tool described in ORS 443.432 or an acuity-based staffing tool adopted by a facility that meets requirements established by the Department of Human Services by rule. “Endorsed memory care community” means a special care unit in a designated, se…
The Department of Human Services shall adopt rules: Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility’s staffing patterns with the acuity-based staffing tool. Establishing requirements for the design of an acuity-based staffing tool adopted by a facil…
As used in this section: “Facility” means a facility with a memory care endorsement under ORS 443.886. “Independent family council” means a group of residents, family members of residents or legal representatives of residents that meets privately, either in person or virtually. “Resident” means an individual residing in a facility. A resident has the rig…
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. The application shall be made after the close of the calendar year for which the averag…
PENALTIES
Violation of ORS 443.015 is punishable as a Class C misdemeanor. Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. The Department of Human Services may commence an action to enjoin operation of a residential care facility, residential training facility or residential training home: If the facility or home is operated without v…