justicedao/ipfs_state_laws huggingface dataset:
411-055-0350 Communication and Notification (1) The facility must notify the Department, the individual's case manager, legal representative, and the contract administrator immediately of: (a) Any use of Safeguarding Interventions. (b) An individual's change of condition that jeopardizes continued placement. (c) Any elopement or unanticipated absence from the service provider's facility. (d) Any report to APS. (2) Use of Safeguarding Interventions that resulted in, or could have resulted in, harm to the individual or others must be reported to APS. (3) Notification of other events. (a) The facility must immediately notify the Department, service provider, and Behavior Coordinator of any life-threatening health and safety concerns. This communication may occur in person or by telephone. (b) Behavior Coordinators must notify the case manager within 24 hours of the following: (A) Life threatening health and safety concerns of an individual must be reported immediately, by telephone or in person. (B) Concerns regarding the individual's placement. Concerns of this nature must be reported within one business day. The communication may occur by email or telephone. (C) Any permanent reassignment of a Behavior Coordinator must be reported within five business days prior to onsite service delivery. This communication may occur by email or telephone. (D) A service provider licensee or direct care staff person who is unwilling or unable to implement the Behavior Support Plan, after completion of coaching plans and service coordination activities. This communication may occur by email or telephone. (c) Case managers and Behavior Coordinators are required to exchange information regarding changes in the individual's eligibility status, service location, or service needs during the duration of eligibility for IIC as soon as possible. (d) All employees and contractors, including Behavior Coordinators, must report suspected abuse immediately as required by OAR 411-020-0002(1) to the APD or AAA office or by calling the Department's toll-free abuse reporting hotline. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0355 Admittance Criteria Intensive Intervention Services (IIS) may be provided to individuals who meet all the following requirements: (1) The individual is at least age 18 prior to admission. (2) The individual has been assessed by the IDT as needing Intensive Intervention Services during the person-centered service planning process. (3) An individually-based limitation, specific to the individual, has been justified and documented in the individual's person-centered service plan by the person-centered service plan coordinator, as outlined in OAR 411-004-0030. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-055-0360 Approval for Services (1) Each individual's IDT must authorize IIS. (a) The IDT must review the appropriateness of continued IIS to ensure the service plan is working to meet the needs of the individual. This review must occur weekly for one month after initial admission into the program, then monthly for the next three months, and then quarterly, unless there's a change of condition as defined in 411-054-0005(14), to facilitate the individual's stabilization period. (b) Frequency of the IDT reviews may be increased depending on the individual's response to the current Behavior Support Plan. (2) IIS must be provided by direct care staff who meet the training requirements in 411-055-0340. (3) For Medicaid-eligible individuals, service authorization and payment are defined in OAR Chapter 411, Division 27. Statutory/Other Authority: ORS 409.050, 410.070, 443.450 Statutes/Other Implemented: ORS 409.050, 410.070, 443.400 - 443.455, 443.991 History: APD 20-2019, adopt filed 06/26/2019, effective 06/28/2019
411-057-0100 Statement of Purpose The purpose of the rules in OAR chapter 411, division 057 is to establish standards for the endorsement of memory care communities. Memory care communities provide specialized services in a secured environment for individuals with dementia. These rules are designed to ensure that residents living in memory care communities have positive quality of life, consumer protection, and person directed care. Resident’s rights, dignity, choice, comfort, and independence are promoted in this setting. The endorsement does not constitute a recommendation of any endorsed memory care community by the Department of Human Services, Aging and People with Disabilities Program. Statutory/Other Authority: ORS 410.070 & 443.886 Statutes/Other Implemented: ORS 443.886 History: APD 24-2020, amend filed 06/20/2020, effective 06/24/2020 APD 52-2019, temporary amend filed 12/20/2019, effective 01/01/2020 through 06/28/2020 SPD 23-2010, f. 9-14-10, cert. ef. 11-1-10
411-057-0130 Advertising of a Memory Care Community (1) An applicant may not advertise as a memory care community until the applicant has obtained an endorsement from the Department. A prospective memory care community may advertise if they have stated their intent to be endorsed and are in the initial endorsement process. (2) A memory care community with a valid endorsement may advertise that it has an endorsement. However, the advertising materials may not imply or state that the Department recommends or supports a specific memory care community. (3) All advertising material must be truthful and must not include or use coercive or misleading information about the endorsement of the memory care community. (4) Upon the determination that a non-endorsed memory care community implies or advertises that they have an endorsement, the Department shall send a notice to the licensee to cease the advertising immediately. Failure to comply may result in a civil penalty as outlined in OAR 411-057-0190. Statutory/Other Authority: ORS 410.070 & 443.886 Statutes/Other Implemented: ORS 443.886 History: APD 24-2020, amend filed 06/20/2020, effective 06/24/2020 APD 52-2019, temporary amend filed 12/20/2019, effective 01/01/2020 through 06/28/2020 SPD 23-2010, f. 9-14-10, cert. ef. 11-1-10
411-057-0140 Responsibilities of Administration (1) The licensee is responsible for the operation of the memory care community and the provision of person centered care that promotes each resident’s dignity, independence, and comfort. This includes the supervision, training, and overall conduct of the staff. (2) The licensee of a memory care community must comply with both the licensing rules for the facility and Chapter 411, Division 57. (3) The administrator of the memory care community must complete and document that at least 10 hours of their required annual continuing educational requirements, as required by the licensing rules of the facility, relate to the care of individuals with dementia. Continuing education credits must be obtained through Department approved sources which may include college courses, preceptor credits, self-directed activities, course instructor credits, corporate training, in-service training, professional association trainings, web-based trainings, correspondence courses, telecourses, seminars, and workshops. (4) The endorsed memory care community must provide a Department designated Memory Care Community Uniform Disclosure Statement (form APD 9098 MC) to each person who requests information about the memory care community. (5) In addition to the policies and procedures required in the licensing rules for the facility, the memory care community licensee must develop and implement policies and procedures that address: (a) Philosophy of how services are provided based upon the memory care community’s values, mission, and the promotion of person centered care and how it shall be implemented; (b) Evaluation of behavioral symptoms and design of person centered supports for intervention plans; (c) Wandering and egress prevention that provides detailed instructions to staff in the event a resident elopes; (d) Assessment of residents for the use and effects of medications including psychotropic medications; (e) Use of supportive devices with restraining qualities; (f) Staffing plan for the memory care community; (g) Staff training specific to dementia care; (h) Description of the community’s life enrichment program and how activities are implemented; (i) Description of family support programs and efforts on how the community will assist the family to remain engaged; (j) Limiting use of public address and intercom systems for emergencies and evacuation drills only; (k) Transportation coordination and assistance to and from outside medical appointments; and (l) Safekeeping of residents’ possessions. This policy must be provided to each resident and the resident's representative at the time of move-in and quarterly as needed. Statutory/Other Authority: ORS 410.070 & 443.886 Statutes/Other Implemented: ORS 443.886 History: APD 24-2020, amend filed 06/20/2020, effective 06/24/2020 APD 52-2019, temporary amend filed 12/20/2019, effective 01/01/2020 through 06/28/2020 SPD 23-2010, f. 9-14-10, cert. ef. 11-1-10
411-057-0150 Staffing Requirements STAFFING REQUIREMENTS. The facility must provide residents with dementia trained staff who have been instructed in the person centered care approach. Prior to providing care and services to residents all staff must receive training as required in OAR 411-057-0155. (1) Staffing levels must comply with the licensing rules of the facility and be sufficient to meet the scheduled and unscheduled needs of residents. Staffing levels during nighttime hours shall be based on the sleep patterns and needs of residents. (2) In an emergency situation when trained staff are not available to provide services, the facility may assign staff who have not completed the required training in accordance with this rule. The particular emergency situation must be documented and must address: (a) The nature of the emergency; (b) How long the emergency lasted; and (c) The names and positions of staff that provided coverage. Statutory/Other Authority: ORS 410.070 & 443.886 Statutes/Other Implemented: ORS 443.886 History: APD 24-2020, amend filed 06/20/2020, effective 06/24/2020 APD 52-2019, temporary amend filed 12/20/2019, effective 01/01/2020 through 06/28/2020 SPD 23-2010, f. 9-14-10, cert. ef. 11-1-10
411-057-0180 Exceptions Exceptions to these rules shall be reviewed by the Department and processed in accordance with the licensing rules of the facility. Statutory/Other Authority: ORS 410.070 & 443.886 Statutes/Other Implemented: ORS 443.886 History: APD 24-2020, amend filed 06/20/2020, effective 06/24/2020 APD 52-2019, temporary amend filed 12/20/2019, effective 01/01/2020 through 06/28/2020 SPD 23-2010, f. 9-14-10, cert. ef. 11-1-10
411-057-0190 Complaints, Inspections, and Sanctions (1) COMPLAINTS AND INVESTIGATIONS. The Department shall investigate complaints regarding an endorsed memory care community in accordance with the complaint and investigation procedures in the licensing rules of the facility. Complaints and investigations may include alleged violations of ORS 443.886 or violations of these rules. When the Department requests documents or records during an investigation, the licensee must make the information available to the investigator promptly for review and copying. (2) INSPECTIONS. At the time of the memory care community’s regular license renewal, the Department shall inspect the memory care community to determine compliance with these rules. (3) SANCTIONS. Sanctions for failure to comply with these rules may include the imposition of civil penalties, licensing conditions, suspension, denial, non-renewal, or revocation of the endorsement. Sanction involving the endorsement shall be in accordance with the licensing rules of the facility type applicable to the type of sanction imposed. (a) SUSPENSION. The Department may immediately suspend a memory care community’s endorsement if the Division finds a serious threat to the public health and safety and sets forth specific reasons for such findings. (b) DENIAL AND NON-RENEWAL OF ENDORSEMENT APPLICATION. The Department may deny or refuse to renew an endorsement under the following circumstances: (A) Failure to demonstrate capacity as required in OAR 411-057-0120(5); (B) Substantial failure to comply with Department rules; (C) Failure to provide complete and accurate information on the application; (D) When the State Fire Marshal or authorized representative certifies there is failure to comply with all applicable ordinances and rules pertaining to safety from fire; and (E) Failure to implement a plan of correction or comply with a licensing or endorsement condition that ensures the safety and security of residents or fails to provide the required dementia care programming to residents living within the memory care community. (c) REVOCATION. The Department may issue a notice of revocation of endorsement upon finding that there is substantial failure to comply with these rules such that the health, safety, or welfare of residents is jeopardized, or any substantial failure to comply with one or more of these rules. (4) The licensee is entitled to a hearing in accordance with the provisions of ORS chapter 183 when the Department takes enforcement action on the endorsement of a memory care community. Statutory/Other Authority: ORS 410.070 & 443.886 Statutes/Other Implemented: ORS 443.886 History: APD 24-2020, amend filed 06/20/2020, effective 06/24/2020 APD 52-2019, temporary amend filed 12/20/2019, effective 01/01/2020 through 06/28/2020 SPD 23-2010, f. 9-14-10, cert. ef. 11-1-10
411-058-0010 Registration Required (1) A referral agent who provides long term care referrals to clients must be registered with the Department and obtain a Certificate of Registration with the Department before: (a) Entering into an agreement to provide long term care referral services to a client. (b) Soliciting prospective clients and facilities, or (c) Collecting compensation from a facility for placement of a client. (2) If a referral agent maintains a website it must contain a link to the Oregon Licensed Long Term Care Settings Search website https://ltclicensing.oregon.gov/ listing complaints and regulatory actions by facility. (3) If the referral agent does not maintain a website, the referral agent shall notify clients in writing of the Oregon Licensed Long Term Care Settings Search website https://ltclicensing.oregon.gov/, as listed above in (2). (4) The Department will notify the applicant of receipt of the application for Certificate of Registration within 10 calendar days. (5) The Department will notify the applicant within 60 calendar days after receiving the completed application of the decision to approve or deny a Certificate of Registration. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.373 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
411-058-0020 Registration (1) APPLICATION FOR REGISTRATION: (a) Application for registration must be made to the Department and must include: (A) The registration fee as described in section (2) of this rule; (B) The disclosure statement as described in OAR 411-058-0030; (C) General Liability Insurance requirements, as described in OAR 411-058-0070; and (D) Background Check Requirements, as described in OAR 411-058-0080. (b) The application is not considered to be complete until the Department receives all required information and the registration fee. (c) The referral agent disclosure statement must be signed by the referral agent, submitted to the Department for approval, and maintained on record with the Department. (d) The referral agent must renew their registration with the Department every two years. (2) REGISTRATION FEE: (a) The initial application for registration must be accompanied by a fee of $750. (b) After the initial registration, the subsequent renewal fee shall be $500. (3) ISSUANCE OF REGISTRATION: (a) The Department shall issue a Certificate of Registration once the applicant has complied with (1) and (2) above. (b) The Certificate of Registration shall identify the person or entity as a referral agent and includes: (A) Name, doing business as (DBA) and address of the person or entity. (B) Certificate of Registration date of issue and expiration. (C) A certificate that states the following: "A Certificate of Registration does not constitute recommendation or endorsement of the referral agent by the Oregon Department of Human Services, and this registration does not evidence the accuracy or completeness of the information set forth in the disclosure statement." (4) If any person or referral agent who has not been issued a Certificate of Registration in compliance with this rule receives compensation as defined by 411-058-0000(4), then that person must apply for registration as prescribed by Section (1) of this rule within 30 calendar days of receiving such compensation. Statutory/Other Authority: ORS 409.050, 410.070, 443.373, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.373 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
411-058-0030 Disclosure Statement (1) All applicants must file a disclosure statement with the Department when submitting a new registration or initial application, with every registration renewal, and when amended. (2) The disclosure statement must be written in clear language, be prepared in a minimum 12-point font, and include the following elements: (a) A description of the long term care referral to be provided by the referral agent, including the length of any contract the referral agent has with a facility regarding placement information about the client. (b) The referral agent's contact information, including, agent name, address, phone number, email address and website. (c) The referral agent's privacy policy or a link thereto. (d) A statement of whether the referral agent provides referrals only to facilities with which the agent has an existing business contract. (e) A statement of whether the referral fees for the long term care referral will be paid to the referral agent by the facility. (3) If the referral agent does not have a website, the disclosure statement must include information providing the Oregon Licensed Long Term Care Settings Search website https://ltclicensing.oregon.gov/ listing complaints concerning facilities. (4) Prior to amending a disclosure statement, a referral agent must submit all amended documents and new materials to the Department for review and approval. (5) The disclosure may be made orally first if the referral agent makes an audio recording of the disclosure with consent of the client and thereafter provides the client with a written disclosure. Proof of disclosure either oral or written must be retained and available to the Department. Statutory/Other Authority: ORS 409.050, 410.070, 443.373, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.376 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
411-058-0040 Prohibited Activities (1) A referral agent may not share a client's placement information with or sell a client's placement information to a facility or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information. (2) A referral agent may not refer a client to a facility in which the referral agent or an immediate family member of the referral agent has an ownership interest. (3) A referral agent may not contact a client who has requested in writing via facsimile, letter, electronic mail, or other electronic means of written communication that the referral agent stop contacting the client. Statutory/Other Authority: ORS 409.050, 410.070, 443.373, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.376 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
411-058-0050 Client Records A referral agent shall maintain client records sufficient to document compliance with ORS 443.370 to 443.376 for a period of three years from the date of any disclosure statement given to a client. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050 & 410.070 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
411-058-0060 Subsequent Facility (1) If a client is referred to a facility and the referral agent has received compensation from the facility for the referral, the client may notify the referral agent in writing that the client wishes to use the services of another referral agent in the future for referral to another facility in a subsequent move. After receiving this notice described in this section, the first referral agent may not receive compensation from another facility in a subsequent move for any referral made before receiving the notice. (2) A referral agent must include in any contract with a facility provisions prohibiting the referral agent from collecting compensation from a facility when the facility is a subsequent facility as described in this section. A facility is a subsequent facility if: (a) The subject of placement enters a facility to which the subject of placement is referred by a first referral agent, but subsequently leaves that facility; and (b) A new referral agent refers the subject of placement to a subsequent facility. (3) When a referral is made to a subsequent facility for a subject of placement by a new referral agent as described in section (2) of this rule, the new referral agent must present evidence to the subsequent facility that the first referral agent is not entitled to compensation. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.376 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
411-058-0070 General Liability Insurance Requirements (1) An applicant must demonstrate that it maintains at least $1,000,000 per occurrence in general liability insurance, as described in OAR 411-058-0020. (2) A referral agent must maintain a commercial general liability insurance policy in an amount of at least $1,000,000 per occurrence throughout the entire period of registration on an uninterrupted basis as described in OAR 411-058-0020. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.373 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