justicedao/ipfs_state_laws huggingface dataset:
333-027-0015 Review of License Application In reviewing an application for a home health agency license, the Authority shall: (1) Confirm receipt of required fee and determine the application is complete; (2) Verify that the agency is primarily engaged in providing skilled nursing and at least one of the following other services: (a) Physical therapy, occupational therapy, speech therapy, medical social services, or home health aide services; (b) Other therapeutic services such as in-home care services as defined in ORS 443.305 or palliative care as defined in ORS 413.273 may be provided in addition to a service required under subsection (2)(a). (3) Verify that the agency has policies established by a professional policy-making committee ; (4) Assess compliance with 42 CFR Part 484 and the Conditions of Participation specified by the CMS for purposes of state licensure. (5) Assess compliance with ORS 443.014 through 443.105 and these rules; (6) Conduct a survey of an agency in accordance with OAR 333-027-0036, which may include branch locations to determine if the agency is in compliance with ORS chapter 443 and these rules. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.015 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 71-2020, amend filed 10/06/2020, effective 10/06/2020 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 9-2002, f. & cert. ef. 7-2-02 OHD 13-1998, f. & cert. ef. 11-6-98 HD 20-1993, f. & cert. ef. 10-28-93 HD 3-1989, f. & cert. ef. 5-24-89 HD 19-1987, f. 11-10-87, ef. 12-1-87 HD 1-1982, f. & ef. 2-4-82 HD 151, f. & ef. 12-30-77
333-027-0017 Approval of License Application (1) The Authority shall notify an applicant in writing if a license application is approved. (2) A license shall be issued only for the agency and person(s) named in the application and may not be transferred or assigned. (3) The license shall be conspicuously posted in an office that is viewable by the public. (4) A licensed home health agency that also provides personal care services that are necessary to assist an individual’s daily needs, but do not include curative or rehabilitative services is not required to be licensed as an in-home care agency. Such agencies shall comply with ORS 443.305 through 443.355 and OAR 333-536-0000 through 333-536-0125 with the exception of the licensing requirements. (5) No person or home health agency licensed pursuant to the provisions of ORS chapter 443 and these rules, shall in any manner or by any means assert, represent, offer, provide or imply that such person or agency is or may render care or services other than that which is permitted by or which is within the scope of the license issued to such person or agency by the Authority nor shall any service be offered or provided which is not authorized within the scope of the license issued to such person or facility. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.015, 443.085 & 443.090 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0018 Denial of License Application If the Authority intends to deny a license application, it shall issue a Notice of Intent to Deny in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.045 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0020 Expiration and Renewal of License (1) Each license to operate a home health agency shall expire on December 31 of each calendar year following the date of issue. (2) An agency shall submit a completed application for renewal on a form prescribed by the Authority, accompanied by the required fee, to the Authority not less than 30 days prior to the license expiration date. (3) The Authority may issue a renewal license contingent upon evidence of the agency's compliance with ORS chapter 443 and these rules; attestation to the delivery of agency services to patient(s) during the last calendar year; and, if requested, receipt of an annual statistical report containing such information as may be prescribed by the Authority. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.015 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 9-2002, f. & cert. ef. 7-2-02 OHD 13-1998, f. & cert. ef. 11-6-98, Renumbered from 333-027-0095 HD 20-1993, f. & cert. ef. 10-28-93 HD 19-1987, f. 11-10-87, ef. 12-1-87 HD 151, f. & ef. 12-30-77
333-027-0029 Denial, Suspension, or Revocation of License (1) The Authority may impose a civil penalty or deny, suspend or revoke an agency's license for failure to comply with ORS 443.004, 443.014 through 443.095 or these rules. (2) If the Authority intends to impose a civil penalty or deny, suspend or revoke an agency license, it shall do so in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.045 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0033 Return of Agency License and Agency Closure (1) If an agency license is suspended, revoked, or if the facility decides to discontinue operations, the license certificate in the licensee’s possession shall be returned to the Authority immediately. (2) An agency that discontinues operations must: (a) Inform patients or the patient's representative about the closure at least 14 calendar days prior to closure; (b) Provide information about how an individual may obtain their clinical records; (c) Notify the Authority at least 14 calendar days prior to closure and submit plans for the transfer, storage and disposal of clinical records. (3) Clinical records not claimed that are less than seven years old from the last date of discharge shall be stored until they are more than seven years old from last date of discharge. Clinical records that are greater than seven years old from last date of discharge may be destroyed. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0036 Surveys (1) The Authority shall, in addition to any investigations conducted pursuant to OAR 333-027-0038, conduct at least one in-person inspection of each agency prior to licensure and once every three years thereafter as requirement of licensing and at such other times as the Authority deems necessary. (2) In lieu of the in-person inspection required by section (1) of this rule, the Authority may accept: (a) CMS certification by a federal agency or an approved accrediting organization; or (b) A survey conducted within the previous three years by an accrediting organization approved by the Authority if: (A) The certification or accreditation is recognized by the Authority as addressing the standards and Condition for Participation requirements of the CMS and other standards set by the Authority; (B) The agency notifies the Authority to participate in any exit interview conducted by the federal agency or accrediting body; and (C) The agency provides copies of all documentation concerning the certification or accreditation requested by the Authority including: (i) Written evidence of all corrective actions underway, or completed, in response to approved accrediting organizations recommendations; (ii) All progress reports; and (iii) The letter from CMS indicating the agency's deemed status. (3) If the deemed status of an agency changes, the agency administrator must notify the Authority within 30 calendar days. (4) An agency shall permit Authority staff access to any location from which it is operating its agency or providing services during a survey. (5) A survey may include but is not limited to: (a) Interviews of patients, patient family members, agency management and staff; (b) On-site observations of patients and staff performance; (c) Review of documents and records; and (d) Patient audits. (6) An agency shall make all requested documents and records available to the surveyor for review and copying. (7) Following a survey, Authority staff may conduct an exit conference with the agency owner or their designee. During the exit conference, Authority staff shall: (a) Inform the agency representative of the preliminary findings of the inspection; and (b) Give the person a reasonable opportunity to submit additional facts or other information to the surveyor in response to those findings. (8) Following the survey, Authority staff shall prepare and provide the agency owner or their designee specific and timely written notice of the findings. (9) If the findings result in a referral to another regulatory agency, Authority staff shall submit the applicable information to that referral agency for its review and determination of appropriate action. (10) If no deficiencies are found during a survey, the Authority shall issue written findings to the agency owner indicating that fact. (11) If deficiencies are found, the Authority shall take informal or formal enforcement action in accordance with OAR 333-027-0180 or 333-027-0185. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.019 & ORS 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0037 Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation as to the care or services provided by a home health agency or violations of home health agency laws or regulations. (2) The identity of a person making a complaint and any personally identifiable information, as that is defined in ORS 432.005 is confidential and not subject to disclosure under ORS 192.311 to 192.478. (3) An investigation may be carried out after receipt of a complaint in accordance with OAR 333-027-0038. (4) An employee or contract provider with knowledge of a violation of ORS chapter 443 or these rules, shall use the reporting procedures established by the home health agency before notifying the Authority or other state agency of the inappropriate care or violation, unless the employee or contract provider: (a) Believes a patient’s health or safety is in immediate jeopardy; or (b) Files a complaint in accordance with section (1) of this rule. (5) If the complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Authority will refer the matter to that agency. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.355 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0038 Investigations (1) An unannounced complaint investigation will be carried out as soon as practicable of the receipt of the complaint and may include, but is not limited to: (a) Interviews of the complainant, caregivers, patients, a patient’s representative, a patient’s family members, witnesses, and agency management and staff; (b) On-site observations of the patient(s), staff performance, patient environment; and (c) Review of documents and records. (2) Should the complaint allegation represent an immediate threat to the health or safety of a patient, the Authority will notify appropriate authorities to ensure a patient's safety, and an investigation will be commenced within two working days. (3) An agency shall permit Authority staff access to the agency during an investigation. (4) The agency shall cooperate with investigations of allegations of patient abuse and neglect conducted by the Oregon Department of Human Services (ODHS), Oregon Health Authority, Adult Protective Services, and other agencies such as law enforcement. (5) Information obtained by the Authority during an investigation of a complaint or reported violation under this rule is confidential and not subject to public disclosure under ORS 192.311 to 192.478. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any patient of a home health agency. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a home health agency and may report information obtained during an investigation to a health professional licensing regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.355 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0046 Geographic Service Area (1) As used in this rule, "underserved area or population" means an area in which residents have a shortage of available home health services or a group of persons who face economic, racial, cultural, linguistic, religious, sexual orientation, gender-identity, or age-related barriers to home health services. (2) A home health agency serves a geographic service area that is equal to or less than 60 miles from the physical location of the agency. (3) A branch office provides services to the parent agency's location within a portion of the total geographic area served by the parent agency. (4) The Oregon Health Authority (Authority) may permit a home health agency providing care at branch offices, if: (a) All branch offices are operating under the same Medicare Certification number; (b) All branch offices provide the same level of care and range of care and services offered by the parent home health agency certified by the Centers for Medicare and Medicaid Services (CMS); and (c) The branch offices are located within a 60-mile radius of the parent home health agency applying for licensure. (5) The Authority may waive the geographical restrictions specified in this rule in accordance with OAR 333-027-0170, including but not limited to, if the parent home health agency proposes to provide home health services to an underserved area or population of the state and adequately demonstrates the ability to manage and control the services. (6) A home health agency that moves its physical location must: (a) Apply for a new license in accordance with OAR 333-027-0010; and (b) Ensure that the services it provides to patients is within 60 miles from the new physical location. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.075 History: PH 16-2026, amend filed 01/29/2026, effective 02/01/2026 PH 3-2022, adopt filed 01/11/2022, effective 01/13/2022
333-027-0050 Changes in Services Provided (1) An agency must obtain written approval from the Authority prior to the implementation of the provision of additional services. When an agency applies for approval of additional services, the agency must provide evidence of: (a) Governing body approval of addition of the services and all revisions in agency policies pertaining to the new services; (b) Governing body approval of the agency's policies and procedures pertaining to the new services; and (c) Adherence to agency personnel policies and ORS chapter 443 and these rules by all individuals providing services through the agency. (2) An agency must notify the Authority within 30 calendar days if it discontinues providing a service listed on its current license. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 9-2002, f. & cert. ef. 7-2-02 OHD 13-1998, f. & cert. ef. 11-6-98 HD 20-1993, f. & cert. ef. 10-28-93 HD 19-1987, f. 11-10-87, ef. 12-1-87 HD 1-1982, f. & ef. 2-4-82 HD 151, f. & ef. 12-30-77
333-027-0080 Advance Directives (1) An agency shall maintain written policies and procedures, applicable to any person 18 years of age or older, or to any adult as defined under ORS 127.505, who is receiving health care by, or through, the agency relating to advance directives and appointing a health care representative. The policy shall include provisions for the education of agency personnel and the community on issues relating to advance directives. (2) An agency shall ensure that each patient receives the following information and materials, in written form, without recommendation: (a) Information on the rights of the individual under Oregon law to make health care decisions, including the right to accept or refuse medical treatment and the right to execute an advance directive or appoint a health care representative; (b) Information on the policies of the agency with respect to the implementation of the rights of the individual under Oregon law to make health care decisions; (c) A copy of the advance directive set forth in ORS chapter 127; and (d) The name of a person who can provide additional information concerning the forms for advance directives or appointing a health care representative. (3) An agency shall place documentation prominently in the patient's clinical record reflecting whether the patient has executed an advance directive or appointed a health care representative. (4) An agency shall provide the written information described in section (1) to the patient not later than 15 days after the initial provision of care by the agency, but in any event before discharge of the patient; (5) An agency need not furnish a copy of an advance directive to a patient or the patient's representative if it has reason to believe that the patient has received a copy of an advance directive in the form set forth in ORS chapter 127 within the preceding 12-month period or has previously executed an advance directive or a form appointing a health care representative. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.085, ORS 127.649 & ORS 127.652 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 13-1998, f. & cert. ef. 11-6-98 HD 19-1987, f. 11-10-87. cert. ef. 12-1-87 HD 151, f. & cert. ef. 12-30-77
333-027-0110 Conformance with Physician's or Allowed Practitioner’s Orders (1) Agency personnel shall administer drugs and treatments only as ordered by the patient's physician or allowed practitioner in accordance with 42 CFR 484.60 or by other providers as authorized by Oregon law. (2) The nurse or therapist who receives a verbal order shall immediately record the order and transmit it to the physician or allowed practitioner within 72 hours. (3) The physician's or allowed practitioner's countersignature shall be obtained within 30 calendar days of the verbal order. (4) Agency professional personnel shall check all medicines that a patient may be taking to identify possible ineffective drug therapy, adverse reactions, significant side effects, drug allergies, and contraindicated medication. (5) Agency professional personnel shall promptly report any problems to the patient's physician or allowed practitioner. (6) Only medications and treatments that must be administered to the patient by agency personnel need to be on a written order form from the physician or allowed practitioner. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.075 & 443.085 History: PH 86-2021, minor correction filed 11/24/2021, effective 11/24/2021 PH 71-2020, amend filed 10/06/2020, effective 10/06/2020 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 9-2002, f. & cert. ef. 7-2-02 OHD 13-1998, f. & cert. ef. 11-6-98
333-027-0130 Nursing Services (1) The agency shall provide skilled nursing service by or under the supervision of a registered nurse in accordance with agency policies and the plan of care. (2) The registered nurse is responsible for supervising for quality and appropriateness of care provided by the home health aide service. The registered nurse shall be readily available to the home health aide by telephone at all hours services are provided. (3) A home health aide must have the following minimum qualifications: (a) An Oregon Certified Nursing Assistant (CNA) certification and inclusion on the Oregon State Board of Nursing OBRA Federal CNA Registry; and (b) Successful completion of a competency evaluation program. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.065 & 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 71-2020, amend filed 10/06/2020, effective 10/06/2020 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 9-2002, f. & cert. ef. 7-2-02 OHD 13-1998, f. & cert. ef. 11-6-98
333-027-0140 Therapeutic Services (1) Pursuant to ORS 443.075, an agency must have an order for a plan of care from a physician or allowed practitioner for at least one of the following services and supplies for each patient: (a) Skilled nursing; (b) Physical therapy services; (c) Occupational therapy services; (d) Speech therapy services; (e) Medical social services; (f) Home health aide services; or (g) Medical supplies, other than drugs and biologicals, and medical devices; (2) The plan of care shall be reviewed by the physician or allowed practitioner in accordance with CMS Conditions of Participation. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.065, ORS 443.085 & ORS 443.075 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 Renumbered from 333-027-0055, OHD 13-1998, f. & cert. ef. 11-6-98 HD 20-1993, f. & cert. ef. 10-28-93 HD 19-1987, f. 11-10-87, ef. 12-1-87 HD 151, f. & ef. 12-30-77
333-027-0150 Clinical Records (1) An agency shall maintain, for each patient, a clinical record that covers the service(s) the agency provides directly, or through contract with another agency. (2) An agency shall keep all clinical records for a period of seven years after the date of the patient's last discharge from the agency. (3) If an agency changes ownership, the agency shall retain all clinical records in original or digital form and it shall be the responsibility of the successor agency to protect and maintain these records. (4) In the event of dissolution of an agency, the agency administrator shall notify the Authority where the clinical records will be stored in accordance with OAR 333-027-0033. (5) The agency shall retain non-medical records according to the policy of the individual agency. (6) An agency shall comply with ORS 192.553 through 192.581, which governs the use and disclosure of patient’s protected health information. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.065 & 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 13-1998, f. & cert. ef. 11-6-98
333-027-0155 Infection Prevention and Control An agency shall develop an infection control program to prevent and control infections and communicable diseases. The program shall include at a minimum: (1) A tuberculosis infection control plan in accordance with OAR 333-019-0041; (2) Appropriate disposal of sharp instruments in accordance with OAR 333-056-0050; (3) Development of policies and procedures that include, at a minimum: (a) Standard precautions such as hand hygiene, respiratory hygiene and cough etiquette, and personal protective equipment; (b) Availability of personal protective equipment and other equipment necessary to implement plan of care; and (c) Exposure to bloodborne pathogens such as Hepatitis B and HIV and other potentially infectious agents. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.085 & ORS 443.065 History: PH 3-2022, adopt filed 01/11/2022, effective 01/13/2022