justicedao/ipfs_state_laws huggingface dataset:
411-068-0080 Administrative Sanctions (1) An administrative sanction may be imposed for non-compliance with these rules. An administrative sanction includes one or more of the following actions: (a) A civil penalty. (b) A denial, suspension, revocation, or non-renewal of a registration. (2) If the Department imposes an administrative sanction, it shall serve a notice of administrative sanction upon the operator personally or by certified mail. (3) The notice of administrative sanction shall state all elements required by ORS 183.415 including but not limited to: (a) Each sanction imposed; (b) A short and plain statement of each condition or act that constitutes a violation; (c) Each statute or rule allegedly violated; (d) A statement of the operator's right to a contested case hearing; (e) A statement of the authority and jurisdiction under which the hearing is to be held; (f) A statement that the Department’s files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; (g) A statement that the notice becomes a final order upon default if the operator fails to request a hearing within the specified time; and (h) A statement of the operator’s right to request an informal conference in addition to, or in-lieu of, a contested case hearing. An operator may request an informal conference with the Department to discuss sanctions imposed. (4) If an administrative sanction is imposed for reasons other than abuse, it shall be preceded by a hearing if the operator requests the hearing in writing within 60 calendar days after receipt of the notice. (5) If an operator fails to request the hearing within the 60 calendar days, the notice of administrative sanction shall become a final order of the Department by default. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0085 Denial, Suspension, Revocation or Refusal to Renew Registration (1) The Department may immediately suspend, revoke, or non-renew a registration for reason of abuse, neglect or exploitation of a tenant as defined in OAR 411-020-0002. The operator may request a review of the decision by submitting a request, in writing, within 10 calendar days of the notice and order of suspension, revocation or non-renewal. (2) Within 10 calendar days of receipt of the operator's request for a review, the Department administrator or designee shall review all material relating to the allegation of abuse and to the suspension, revocation or non-renewal, including any written documentation submitted by the operator within that time frame. The administrator or designee shall determine, based on a review of the material, whether to sustain the decision. If the administrator or designee does not sustain the decision, the suspension, revocation or non-renewal shall be rescinded immediately. The decision of the administrator or designee is subject to a contested case hearing under ORS 183 if requested within 90 calendar days. (3) The Department may also deny, suspend, revoke, or non-renew a registration where it finds: (a) An operator has failed to provide an approved background check in accordance with OAR 411-068-0008(1). (b) There has been substantial failure to comply with these rules or where there is substantial non-compliance with local codes and ordinances or any other state or federal law or rule applicable to the health and safety of the tenants in a RB facility. (c) An operator or employee refuses to allow access and inspection by an authorized representative of the Department. (d) The application or renewal for the registration contains fraudulent information or material misrepresentations. (e) An operator has failed to comply with a final order of the Department to correct a violation of these rules for which an administrative sanction has been imposed. (f) An operator has failed to comply with a final order of the Department imposing an administrative sanction. (4) If registration is suspended, revoked, or non-renewed, the Department or an authorized representative may arrange for tenants to voluntarily move for their protection. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0090 Civil Penalties (1) Civil penalties, not to exceed $200 per violation per day, may be assessed for a facility operating without a current registration. (2) Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing from the Department. The notice shall be sent by registered or certified mail and shall include all elements required by ORS 183.415 including but not limited to: (a) A reference to applicable sections of the statute, rule, standard, or order involved; (b) A short and plain statement of the matters asserted or charged; (c) A statement of the amount of the penalty or penalties imposed; and (d) A statement of the right to request a hearing. (3) The person to whom the notice is addressed shall have 10 calendar days from the date of service in which to make written application for a contested case hearing. (4) All hearings shall be conducted according to the applicable provisions of ORS 183 relating to contested cases before the Department. (5) If the person notified fails to request a hearing within the time specified; or if after a hearing the person is found to be in violation of a statute, rule, or order, an order may be entered assessing a civil penalty. (6) Unless the penalty is paid within 10 calendar days after the order becomes final, the order constitutes a judgment and may be recorded by the County Clerk which becomes a lien upon the title to any interest in real property owned by the operator. (7) Civil penalties are subject to judicial review under ORS 183.480, except that the court may, at its discretion, reduce the amount of the penalty. (8) All penalties recovered under ORS 443.480 to 443.500 shall be paid into the State Treasury and credited to the General Fund. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-069-0000 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 069: (1) "Assessment Rate" means the rate established by the Director of the Department of Human Services. (2) "Assessment Year" means a 12-month period, beginning July 1 and ending the following June 30, for which the assessment rate being determined, is to apply. (3) "Deficiency" means the amount by which the assessment as correctly computed exceeds the assessment, if any, reported by the facility. If, after the original deficiency has been assessed, subsequent information shows the correct amount of assessment to be greater than previously determined, an additional deficiency arises. (4) "Delinquency" means the facility failed to pay the assessment as correctly computed when the assessment was due. (5) "Department" means the Department of Human Services. (6) "Director" means the Director of the Department of Human Services. (7) "Gross Revenue" means the revenue paid to a long term care facility for patient care, room, board, and services, less contractual adjustments. It does not include: (a) Revenue derived from sources other than long term care facility operations, including but not limited to donations, interest, guest meals, or any other revenue not attributable to patient care; and (b) Hospital revenue derived from hospital operations. (8) "Long Term Care Facility" means a facility with permanent facilities that includes inpatient beds and provides medical services, including nursing services but excluding surgical procedures except as may be permitted by the rules of the Director. A long term care facility provides treatment for two or more unrelated patients and includes licensed skilled nursing facilities and licensed intermediate care facilities, but does not include facilities licensed and operated pursuant to ORS 443.400 to 443.455. A long term care facility does not include any intermediate care facility for individuals with intellectual or developmental disabilities. (9) "Medicaid Patient Days" means patient days attributable to patients who receive medical assistance under a plan described in 42 U.S.C. 1396. (10) "Patient Days" means the total number of patients occupying beds in a long term care facility for all days in the calendar period for which an assessment is being reported and paid. For purposes of this subsection, if a long term care facility patient is admitted and discharged on the same day, the patient shall be deemed to occupy a bed for one day. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750 & OL 2003 Ch. 736 History: APD 17-2018, amend filed 06/28/2018, effective 07/01/2018 APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0401, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0010 General Administration (1) The purpose of these rules is to implement the long term care facility assessment imposed on long term care facilities in Oregon. (2) The Department shall administer, enforce, and collect the long term care facility assessment. (3) The Department may assign employees, auditors, and other agents as designated by the Director to assist in the administration, enforcement, and collection of the assessments. (4) The Department may establish rules and regulations, not inconsistent with legislative enactments, that it considers necessary to administer, enforce, and collect the assessments. (5) The Department may prescribe forms and reporting requirements and change the forms and reporting requirements, as necessary, to administer, enforce, and collect the assessments. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750 & OL 2003 Ch. 736 History: APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0411, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0020 Disclosure of Information (1) Except as otherwise provided by law, the Department may not publicly divulge or disclose the amount of income, expense, or other particulars set forth or disclosed in any report or return required in the administration of the assessments. Particulars include but are not limited to social security numbers, employer numbers, or other facility identification numbers, and any business records required to be submitted to or inspected by the Department or its designee to allow it to determine the amounts of any assessments, delinquencies, deficiencies, penalties, or interest payable or paid, or otherwise administer, enforce, or collect a health care assessment to the extent that such information shall be exempt from disclosure under ORS 192.501(5). (2) The Department may: (a) Furnish any facility, or its authorized representative, upon request of the facility or representative, with a copy of the facility's report filed with the Department for any quarter, or with a copy of any report filed by the facility in connection with the report, or with a copy with any other information the Department considers necessary; (b) Publish information or statistics so classified as to prevent the identification of income or any particulars contained in any report or return; and (c) Disclose and give access to an officer or employee of the Department or its designee, or to the authorized representatives of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), the Controller General of the United States, the Oregon Secretary of State, the Oregon Department of Justice, the Oregon Department of Justice Medicaid Fraud Control Unit, and other employees of the state or federal government to the extent the Department deems disclosure or access necessary or appropriate for the performance of official duties in the Department's administration, enforcement, or collection of these assessments. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.225, 409.230, 410.140, 410.150, 411.300 & 411.320 History: APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0421, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0030 Entities Subject to the Long Term Care Facility Assessment Each long term care facility in Oregon is subject to the long term care facility assessment except for long term care facilities operated by the Oregon Department of Veterans' Affairs. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750, OL 2003 Ch. 736 & OL 2013 ch. 608 History: APD 17-2018, amend filed 06/28/2018, effective 07/01/2018 APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0431, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 Reverted to OMAP 3-2005, f. & cert. ef. 2-1-05 OMAP 31-2006(Temp), f.& cert. ef. 8-7-06 thru 2-2-07 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0050 Filing an Amended Report (1) Claims for refunds or payments for additional assessment must be submitted by the facility on a form approved by the Department. The facility must provide all information required on the report. The Department may audit the facility, request additional information, or request an informal conference prior to granting a refund or as part of its review of a payment of a deficiency. (2) Claim for refund. (a) If the amount of the assessment due is less than the amount paid by the facility and the facility does not then owe an assessment for any other calendar period, the overpayment may be refunded by the Department to the facility. The facility may request a refund by amending their quarterly report and submitting a written request for refund to the Department, or the facility may request a refund when filing their nursing facility financial statement or revenue report. (b) If there is an amount due from the facility for any past due assessments or penalties, the refund otherwise allowable shall be applied to the unpaid assessments and penalties and the facility so notified. (3) Payment of deficiency. (a) If the amount of the assessment is more than the amount paid by the facility, the facility may file a corrected report on a form approved by the Department and pay the deficiency at any time. The penalty under OAR 411-069-0080 shall stop accruing after the Department receives payment of the total deficiency for the calendar quarter; and (b) If there is an error in the determination of the assessment due, the facility may describe the circumstances of the late additional payment with the late filing of the amended report. The Department, at its sole discretion, may determine that a late additional payment does not constitute a failure to file a report or pay an assessment giving rise to the imposition of a penalty. In making this determination, the Department shall consider the circumstances, including but not limited to nature and extent of error, facility explanation of the error, evidence of prior errors, and evidence of prior penalties (including evidence of informal dispositions or settlement agreements). This provision only applies if the facility has filed a timely original return and paid the assessment identified in the return. (4) If the Department discovers or identifies information in the administration of these assessment rules that it determines may give rise to the issuance of a notice of proposed action or the issuance of a refund, the Department shall issue notification pursuant to OAR 411-069-0100. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750 & OL 2003 Ch. 736 History: APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0461, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0060 Determining the Date Filed For the purpose of these rules, any reports, requests, appeals, payments, or other response by the facility must be either received by the Department before the close of business on the date due, or if mailed, postmarked before midnight of the due date. When the due date falls on a Saturday, Sunday, or legal holiday, the return is due on the next business day following the Saturday, Sunday, or legal holiday. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750 & OL 2003 Ch. 736 History: APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0471, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0070 Assessment on Failure to File In the case of a failure by the facility to file a report or to maintain necessary and adequate records, the Department shall determine the assessment liability of the facility according to the best of its information and belief. Best of its information and belief means the Department shall use evidence on which a reasonable person may rely in determining the assessment, including but not limited to estimating the days of patient days based upon the number of licensed beds in the facility. The Department's determination of assessment liability shall be the basis for the assessment due in a notice of proposed action. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750 & OL 2003 Ch. 736 History: APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0481, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0080 Consequence of Failure to File a Report or Failure to Pay Assessment When Due (1) A long term care facility that fails to file a quarterly report or pay a quarterly assessment when due under OAR 411-069-0040 is subject to a penalty of $500 per day of delinquency. The penalty accrues from the date of deficiency, notwithstanding the date of any notice under these rules. (2) A long term care facility that is exempt from paying provider assessments is not required to file a quarterly report, but is required to file an annual cost or revenue report. Even if exempt, a long term care facility that fails to file annual cost or revenue reports when due under OAR 411-069-0040 is subject to a penalty of up to $500 per day of delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules. (3) A long term care facility that fails to file an annual cost report or revenue report when due under OAR 411-069-0040 is subject to a penalty of up to $500 per day of delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules. (4) A long term care facility that files a cost report or annual revenue report, but fails to pay a fiscal year reconciliation assessment payment when due under OAR 411-069-0040 is subject to a penalty of up to $500 per day of delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules. (5) Penalties imposed under this section shall be collected by the Department and deposited in the Department's account established under ORS 409.060. (6) Penalties paid under this section are in addition to the long term care facility assessment. (7) If the Department determines that a facility is subject to a penalty under this section, the Department shall issue a notice of proposed action as described in OAR 411-069-0100. (8) If a facility requests a contested case hearing pursuant to OAR 411-069-0120, the Director, at the Director's sole discretion, may waive or reduce the amount of penalty assessed. (9) If a facility fails to report or pay the provider assessment after the Department issues a final order described in OAR 411-069-0130, then the Department shall pursue remedies described in OAR 411-069-0140 that may include: (a) A final order leading to collection activities; (b) Nursing facility license denial, suspension, or revocation; (c) Admission restrictions; or (d) Terminating provider contracts. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: OL 2003 Ch. 736 & ORS 409.750 History: APD 17-2018, amend filed 06/28/2018, effective 07/01/2018 APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0491, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 29-2008, f. 8-29-08, cert. ef. 9-1-08 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05
411-069-0090 Departmental Authority to Audit Records (1) The facility must maintain clinical and financial records sufficient to determine the actual number of patient days for any calendar period for which an assessment may be due. (2) The Department or its designee may audit the facility's records at any time for a period of three years following the date the assessment is due to verify or determine the number of patient days at the facility. (3) The Department may issue a notice of proposed action or issue a refund based upon its findings during the audit. (4) Any audit, finding, or position may be reopened if there is evidence of fraud, malfeasance, concealment, misrepresentation of material fact, omission of income, or collusion either by the facility or by the facility and a representative of the Department. (5) The Department may issue a refund and otherwise take such actions as it deems appropriate based upon the audit findings. Statutory/Other Authority: ORS 409.050, 410.070 & 411.060 Statutes/Other Implemented: ORS 409.750 & OL 2003 Ch. 736 History: APD 7-2014, f. & cert. ef. 4-1-14 SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14 Renumbered from 410-050-0501, SDP 3-2011, f. & cert. ef. 2-1-11 DMAP 29-2008, f. 8-29-08, cert. ef. 9-1-08 DMAP 2-2008, f. & cert. ef. 1-25-08 OMAP 3-2005, f. & cert. ef. 2-1-05