309-040-0400 Inspections (1) The Division must conduct an inspection of an AFH: (a) Prior to issuance of a license; (b) Upon receipt of an oral or written complaint of violations that threaten the health, safety, or welfare of residents ; or (c) Anytime the Division has probable cause to believe that an AFH has violated a regulation or provision of these rules or is operating without a license. (2) The Division or CMHP may conduct inspections of an AFH: (a) Anytime such inspections are authorized by these rules and any other time the Division or CMHP considers it necessary to determine if an AFH is in compliance with these rules or with conditions placed upon the license; (b) To determine if cited deficiencies have been corrected; and (c) For the purpose of monitoring of the residents’ care. (3) State or local fire inspectors must be permitted access to enter and inspect the AFH regarding fire safety upon request of the Division or CMHP. (4) The Division, the CMHP, the Oregon Department of Human Services (ODHS), and the Centers for Medicare and Medicaid Services (CMS) have authority and must have full access to examine and copy AFH records and accounts, including resident records and accounts, and to inspect the physical premises, including the buildings, grounds, equipment, and any vehicles. (5) The Division, CMHP, ODHS, and CMS staff must be permitted to interview the provider, resident manager, caregiver, and residents . Interviews are confidential conducted in private and are confidential except as considered public record under ORS 430.763. (6) Providers must authorize resident managers and substitute caregivers to permit entrance by the Division, CMHP, ODHS, and CMS staff for the purpose of inspection and investigation. (7) The Division, CMHP, ODHS, and CMS staff may conduct inspections with or without advance notice to the provider, staff, or a resident of the AFH. Advanced notice of an inspection will not be provided if such notice might obstruct or seriously diminish the effectiveness of the inspection or enforcement of these rules. (8) If the Division, CMHP, ODHS, or CMS staff is not permitted access or inspection, a search warrant may be obtained. (9) The inspector must respect the private possessions and living area of residents , providers, and caregivers while conducting an inspection. (10) Completed reports on inspections, except for confidential information, must be available to the public upon written request to the Division or CMHP during business hours. (11) For residents receiving services authorized or funded by the Division, the Division, ODHS or their designee must investigate allegations of abuse as defined in ORS 430.735 to 430.765. (12) When abuse is alleged or death of a resident has occurred and a law enforcement agency or the Division, OTIS, ODHS or their designee has determined to initiate an investigation, the provider may not conduct an internal investigation without prior authorization from the Division. For the purposes of this section, an internal investigation is defined as conducting interviews of the alleged victim, witness, the alleged perpetrator, or any other persons who may have knowledge of the facts of the abuse allegation or related circumstances; reviewing evidence relevant to the abuse allegation, other than the initial report; or any other actions beyond the initial actions of determining: (a) If there is reasonable cause to believe that abuse has occurred; or (b) If the alleged victim is in danger or in need of immediate protective services; or (c) If there is reason to believe that a crime has been committed; or (d) What, if any, immediate personnel actions must be taken. (13) The Division, ODHS or their designee or must complete an abuse investigation and protective services report in accordance with OAR 943-045-0000. (14) When the provider has been notified of the completion of the abuse investigation, a provider may conduct an investigation without Division approval to determine if any other personnel actions are necessary. (15) Upon completion of the investigation report described in (13) of this rule, notification is provided to the designated provider. (a) The provider must implement the reports recommended actions within the deadlines listed to prevent further abuse as stated in the report and notify the Division of completion. (b) In accordance with ORS 443,87, upon being notified of substantiated abuse of a resident by staff, the AFH licensee or designated provider must provide written notice of the findings to: (A)The staff found to have committed abuse; (B) Residents of the AFH; (C) The residents’ case managers; and (D) The residents’ legal representative. (16) A provider may not retaliate against any person who reports in good faith suspected abuse or against the resident with respect to the report. (17) In accordance with ORS 430.755 any provider who retaliates against any person because of a report of suspected abuse or neglect may be liable in a private action to that person for actual damages and, in addition, a penalty in accordance with 443.775(10) not withstanding any other remedy provided by law. The authority of the director to impose civil penalties and the factors to be considered must be in accordance with 443.790. (18) In accordance with ORS 430.755, any adverse action creates a presumption of retaliation if taken within 90 days of a report of abuse. For purposes of this section, "adverse action" means any action taken by a facility, community program, or person involved in a report against the person making the report or against the adult with respect to whom the report was made because of the report and includes but is not limited to the following: (a) Discharge or transfer from the AFH except for clinical reasons; (b) Discharge from or termination of employment; (c) Demotion or reduction in remuneration for services; or (d) Restriction or prohibition of access to the facility or its residents. (19) Adverse action may also be evidence of retaliation after 90 days even though the presumption no longer applies. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0060, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85