ORS 410.530 Department authority; delegation; advisory committee; rules

The Department of Human Services has the following authority which it may delegate to any program certified by the department to provide assessment services:

To provide information and education to the general public, hospitals, nursing facilities, physicians, physician associates, naturopathic physicians and nurses regarding availability of the assessment program.

To accept referrals from individuals, families, physicians, naturopathic physicians, human service professionals, nursing home professionals, social service agencies or other organizations.

To assess the long term care needs of referred persons.

To identify available noninstitutional services to meet the needs of referred persons, including public and private case management services.

To prepare, explain and document recommendations for persons receiving assessment program services as to the need for skilled nursing care, for intermediate care as provided in a facility or for other care which is available in the community.

To inform referred persons of the extent to which home and community-based services are available, and of their right to choose among the appropriate alternatives that may be available, in consultation with an attending physician and a family member.

To provide public education targeted at older persons, caregivers and families regarding alternative long term care services.

To determine and publish minimum qualifications for members of the admission assessment team.

After consultation with the committee appointed under subsection (3) of this section, the Department of Human Services shall adopt by rule criteria and procedures for certifying and decertifying public or private admission assessment programs and contracting with certified programs. The department shall establish a maximum fee that a certified program may charge for assessment services. The rules shall specify that a certified program may not charge the person receiving assessment services for any portion of the fee associated with the services necessary to meet the minimum federal criteria.

In certifying a program, the department shall determine that the program includes:

Adequately trained personnel;

Information regarding appropriate service and placement alternatives, including nursing facilities and community-based options;

Provisions to the applicant of information about appropriate options; and

Prohibition of an assessment being provided by any certified program which has any financial interest in the facility to which placement is recommended.

The program shall not require the recommendation of the admission team be binding and the applicant has the right to choose from any options that are available.

The Director of Human Services shall appoint an advisory committee to advise the department in certifying and decertifying programs that provide or fail to provide the service described in this section. The director shall appoint representatives from trade associations in Oregon for hospitals and health systems, nursing facilities and residential facilities and from an organization in Oregon representing the interests of senior citizens.