411-058-0000 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 058: (1) "Applicant" means a person that has submitted an application and disclosure statement to register as a referral agent. (2) “Certificate of Registration” means the document a referral agent or agency receives when the agent has completed the Department approved Long Term Care Referral Registry requirements. A Certificate of Registration does not constitute recommendation or endorsement of the referral agent by the Oregon Department of Human Services, and a registration does not evidence the accuracy or completeness of the information set forth in the disclosure statement. (3) "Client" means an individual who seeks a long term care referral for the individual or for another individual. (4) "Compensation" means any substantive financial or material gain from one or more facilities in a total amount of $1,000 or more during a calendar year in exchange for providing long term care referral services to those facilities, including, but not limited to, gain by salary, benefits, commission, payment, gift cards, donations, discounts, and other items of value that result in financial or material gain to the person providing long term care referral services. (5) “Consent” means the person must act freely and voluntarily and have knowledge of the nature of the actor or transaction involved. (6) "Department" means the Oregon Department of Human Services, Aging and People with Disabilities Program (APD). (7) "Disclosure" means a written disclosure statement provided by the referral agent to the client as defined in OAR 411-058-0030. (8) "Employee" means an individual employed by a referral agent and who is compensated by an hourly wage, salary or commission. (9) "Facility" means: (a) A long term care facility as defined in ORS 442.015; (b) 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 memory care community; (c) An adult foster home as defined in ORS 443.705; or (d) A continuing care retirement community as defined in ORS 101.320. (10) "Independent Contractor" means an individual who is compensated for long term care referrals by a referral agent and is not otherwise compensated by an hourly wage or salary. (11) "Long Term Care Referral" means a referral to a facility for which the referral agent receives compensation from the facility. (12) "Person" means an individual, corporation, association, firm, partnership, limited liability company, and joint stock company, as well as any other entity defined in ORS 174.100. (13) "Placement Information" means any information a referral agent collects from a client or the subject of placement, including, but not limited to name, electronic mail address, phone number, zip code, medical history, income, financial, and information about necessary assistance for activities of daily living or the reasons for seeking long term care. (14) "Referral Agent" means a person as defined in section (12) of this rule that provides long term care referrals. A "Referral Agent" does not include: (a) A facility or its employees; (b) A resident or patron of a facility who refers a client to a facility and receives a discount or other remuneration from the facility; (c) A public body as defined in ORS 174.109; or (d) The employees of a referral agent. (15) "Registry" means a list of referral agents registered with the Department in accordance with OAR 411-058-0020. (16) "Subject of Placement" means the individual to be placed with a facility through a long term care referral. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.370 History: APD 44-2022, amend filed 09/06/2022, effective 09/15/2022 APD 18-2018, adopt filed 06/29/2018, effective 07/01/2018