411-073-0010 Definitions As used in these rules (OAR 411, division 73) unless the context requires otherwise, the definitions in OAR 411-070-0005, 411-085-0005, and following definitions apply: (1) “Deficiency” means a facility’s failure to meet a requirement of participation as specified in 42 CFR Part 483 et seq. (Subpart B). (2) “Directed Plan of Correction” means a course of action specified by the federal Health Care Financing Administration (HCFA), the Division or person designated by the Division which requires a facility to take specific actions to correct deficiencies within specified timeframes. (3) “Facility” means a nursing facility licensed by the Division pursuant to OAR 411-085-0010 and certified for Medicaid, Medicare or both, or, if the context suggests, an owner, employee or other party acting (or failing to act) in behalf of the facility. (4) “HCFA” means the federal Health Care Financing Administration. (5) “Immediate Family” means a husband or wife; natural or adopted parent, child or sibling; stepparent, stepchild, stepbrother or stepsister; father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law; grandparent or grandchild. (6) “Immediate Jeopardy” means a situation in which a facility’s non-compliance with one or more requirements of participation or conditions of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to an individual receiving care in the facility. (7) “New Admission” means a person admitted on or after the effective date of a denial of payment remedy. A resident temporarily absent from the facility to go to a general hospital, other health care setting, or home, etc. and was not discharged from the facility, shall not be considered to be a new admission. (8) “Noncompliance” means any deficiency that causes a facility to not be in substantial compliance. (9) “Plan of Correction” means a written description of the actions to be taken by a facility in order to correct deficiencies, and which has been approved by the Division or HCFA. The Plan shall include the dates by which the deficiencies will be corrected. Unless otherwise provided by these rules, the Plan of Correction is prepared by the facility. (10) “Requirement of Participation” means a provision under the Code of Federal Regulations, Title 42, Part 483 or 488, or provision of the Social Security Act. (11) “Standard Survey” means a periodic, resident-centered inspection which gathers information about the quality of service furnished in a facility to determine compliance with the requirements for participation. (12) “Statement of Deficiencies” means a written description of deficiencies prepared by HCFA or the Division. (13) “Substandard Quality of Care” means one or more deficiencies in 42 CFR §483.13 Resident Behavior and Facility Practices, 42 CFR §483.15 Quality of Life, or in 42 CFR §483.25 Quality of Care, that constitutes either immediate jeopardy to resident health and safety; or a pattern of or widespread actual harm that is not immediate jeopardy; or a widespread potential for more than minimal harm that is not immediate jeopardy and with no actual harm. NOTE: See Exhibit 1 (OAR 411-073-0040). (14) “Survey Exit Date” means the last day of a standard survey by the Division or HCFA. (15) “Work Day” means Monday, Tuesday, Wednesday, Thursday or Friday, excluding State holidays. [ED NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95