justicedao/ipfs_state_laws huggingface dataset:
411-058-0085 Mandatory Abuse Reporting (1) Referral agents are mandatory reporters under ORS 124.050 and subject to the abuse reporting requirements of ORS 124.060. (2) A mandatory reporter must report if they have reasonable cause to believe that an elderly person in any setting has suffered abuse, as described in ORS 124.050 and listed below: (a) Any physical injury to an elderly person caused by other than accidental means. (b) Neglect. (c) Abandonment. (d) Willful infliction of physical pain or injury. (e) Crimes listed in ORS 124.050. (f) Verbal abuse. (g) Financial exploitation. (h) Sexual abuse. (i) Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person. (j) A wrongful use of a physical or chemical restraint. (3) Mandatory reporters must immediately report abuse and suspected abuse to 1-855-503-7233, as required by ORS 124.065. (4) Anyone who, in good faith and with reasonable grounds, reports abuse or suspected abuse shall have immunity from any criminal or civil liability, as stated in ORS 124.075. Statutory/Other Authority: ORS 124.050, 124.060, 124.072 & 124.075 Statutes/Other Implemented: ORS 124.050, 124.060, 124.072 & 124.075 History: APD 44-2022, adopt filed 09/06/2022, effective 09/15/2022
411-058-0110 Notice and Hearing Rights (1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 “Civil Penalty Procedures” and be sent by mail, certified mail or electronic mail. (2) HEARINGS. Right to Hearing. If the Department imposes an Order, the licensee is entitled to a contested case hearing pursuant to ORS chapter 183. (3) REQUEST FOR HEARING. A referral agent who wishes to contest the proposed civil penalty must request a hearing within 20 calendar days of the date of mailing of the notice. The request must be made in writing and mailed or emailed to the address in the notice. If mailed by First Class Mail, the date of postmark shall be the date of request. (4) INFORMAL REVIEW. As part of this contested case hearing process, the referral agent may request that an informal review be held to discuss the merits of the case before the contested case hearing. (a) The Department has discretion on whether to grant an informal review. If the Department grants the informal review, the referral agent will be contacted, and an informal review will be scheduled. (b) If the referral agent and the Department resolve the issues to the satisfaction of the referral agent, then the Department will contact the Office of Administrative Hearings (OAH) and inform OAH the contested case hearing will not need to proceed. (5) FINAL DECISION IF NO REQUEST. If a referral agent fails to submit a written request for a contested case hearing within 20 calendar days of receipt of the notice described in paragraph (2) of this section, the Department’s original decision to assess a civil penalty shall become a final order of the Department by default. (6) CIVIL PENALTIES. Civil penalties are due within 10 calendar days after an order becomes final, either by default or after hearing. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.373 History: APD 44-2022, adopt filed 09/06/2022, effective 09/15/2022
411-059-0010 Registration Required (1) Except as provided in OAR 411-059-0030, all entities that coordinate two or more health or social services for older adults and people with disabilities who live in publicly subsidized or private congregate settings must register with the Department as a housing with services project. (2) The Department shall send a certificate of registration to the housing with services project within 90 days of receipt of the registration form. The Department shall notify the housing with services project within 60 days of receipt of the form if the form is incomplete or otherwise needs to be corrected. (3) The Department shall enter the project's information on its registry if the Department determines the requirements of these rules and ORS 443.378 are met. Statutory/Other Authority: ORS 410.070 & ORS 443.378 Statutes/Other Implemented: ORS 410.070 & ORS 443.378 History: APD 13-2018, adopt filed 06/18/2018, effective 07/01/2018 APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018
411-059-0020 Registration (1) HOUSING WITH SERVICES PROJECT REGISTRATION: (a) A Housing with Services project must register with the Department on forms prescribed by the Department. The registration form must include the housing with services project's: (A) Name; (B) Address; and (C) Primary contact person and contact information (such as phone, email, mailing address, or FAX number). (b) The registration form is not considered to be complete until the Department receives all required information. (2) ISSUANCE OF REGISTRATION: (a) The Department shall issue a certificate of registration to the housing with services project once the registrant: (A) Submits a registration form that has all required fields on the form completed; and (B) Meets all other requirements described in ORS 443.378 and these rules. (b) The certificate of registration shall identify the housing with services project's name, address, and primary contact person for the housing with services project. Statutory/Other Authority: ORS 410.070 & ORS 443.378 Statutes/Other Implemented: ORS 410.070 & ORS 443.378 History: APD 13-2018, adopt filed 06/18/2018, effective 07/01/2018 APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018
411-059-0030 Registration Required - Exceptions (1) A housing with services project is not required to register with the Department under these rules and ORS 443.378 if the housing with services project is regulated by the Housing and Community Services Department or the federal Department of Housing and Urban Development. (2) No later than December 31 of each calendar year, the Housing and Community Services Department shall provide the Department a list of housing with services projects regulated by the Housing and Community Services Department that serve older adults, people with disabilities, or both. (3) No later than December 31 of each calendar year, the Department shall obtain a list of housing with services projects in Oregon that are regulated by the federal Department of Housing and Urban Development and not regulated by the Housing and Community Services Department that serve older adults, people with disabilities, or both. (4) The lists in sections (2) and (3) of this rule shall include, at a minimum, the following information, the housing with services project's: (a) Name; (b) Address; and (c) Primary contact person and contact information. (5) All housing with services projects provided to the Department in the process described in this rule shall be considered registered with the Department as a housing with services project. Statutory/Other Authority: ORS 410.070 & ORS 443.378 Statutes/Other Implemented: ORS 410.070 & ORS 443.378 History: APD 13-2018, adopt filed 06/18/2018, effective 07/01/2018 APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018
411-059-0040 Department Information for Tenants (1) Upon entering a project on the registry, as stipulated in OAR 411-059-0020 through 411-059-0030, the Department shall provide housing with services projects with information on resources available to tenants within 30 business days, including, but not limited to, information about: (a) The Aging and Disability Resource Connection; and (b) Hotlines for reporting abuse. (2) The Department will respond to any written request for information identified in section (1) of this rule by a registered housing with services project within 30 business days of receipt of the request. Statutory/Other Authority: ORS 410.070 & ORS 443.378 Statutes/Other Implemented: ORS 410.070 & ORS 443.378 History: APD 13-2018, adopt filed 06/18/2018, effective 07/01/2018 APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018
411-059-0050 Administrative Sanctions (1) If the Department has reasonable cause to believe an entity is a housing with services project subject to the registration requirements of OAR 411-059-0010 through OAR 411-059-0020 and is operating without registration, the Department may contact or enter the housing with services project to determine whether it is subject to registration requirements under ORS 443.378. (2) If the Department determines a project should have registered under these rules, the Department may issue a demand to register. (3) The Department shall serve the demand to register upon the operator personally or by certified mail. The demand to register shall include: (a) A reference to the particular sections of statute or rule involved; (b) A short and plain statement of the matters asserted or charged; and (c) A statement of the right to request a hearing. (4) A project that disagrees with the Department's determination of registration requirements shall have 10 days from the date of receipt in which to make a written application for a hearing. (5) All hearings shall be conducted according to the applicable provisions of ORS 183.310 to 183.550. (6) If the project notified fails to request a hearing within the time frame specified, or if after a hearing the project should have been registered under these rules or statute, an order may be entered demanding that the project be registered with the Department. (7) If the housing with services project fails to register with the Department after being served notice pursuant section (3) of this rule within 60 calendar days, or 30 calendar days after a hearing determination described in section (6) of this rule, the Department shall refer the entity to the Oregon Department of Justice's Civil Enforcement Division. Statutory/Other Authority: ORS 410.070, ORS 443.378 & ORS 183 Statutes/Other Implemented: ORS 410.070 & ORS 443.378 History: APD 13-2018, adopt filed 06/18/2018, effective 07/01/2018 APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018
411-060-0000 Purpose The purpose of these rules in OAR chapter 411, division 060 is to establish requirements for Nursing Facilities, Assisted Living Facilities and Residential Care Facilities to ensure all residents, Facility Staff and Associated Staff are tested for COVID-19. The scope of these rules includes requirements for admission testing, routine testing of staff, and ongoing outbreak-associated testing. The standards are designed to protect vulnerable Residents, prevent transmission among Residents, Facility Staff and Associated Staff, and improve prevention efforts during the COVID-19 pandemic. Statutory/Other Authority: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021 APD 34-2020, temporary adopt filed 08/10/2020, effective 08/10/2020 through 01/10/2021 APD 29-2020, temporary adopt filed 07/14/2020, effective 07/15/2020 through 01/10/2021
411-060-0010 Admission and Readmission Testing (1) A Facility shall implement quarantine measures for newly admitted or readmitted Residents for a period of 14 days, except residents who have recovered from COVID-19 within 90 days of admission or readmission and are asymptomatic. Quarantine measures can include placement of Resident in a private room, or cohorted area and use of personal protective equipment for Resident care as prescribed by the Authority, and monitoring for signs and symptoms associated with COVID-19 at least daily. (2) A Facility shall conduct risk-based COVID-19 screenings of all Residents prior to admission or re-admission, based on OHA guidance for identifying people with symptoms consistent with having the COVID-19 virus and/or with having known contacts with a person(s) with COVID-19 or Suspect COVID-19. Negative tests obtained during the quarantine period do not supplant quarantine requirements in section (1) of this rule. (3) A Facility may not admit or readmit a Resident that presents with any COVID like symptoms and/or has had known contacts with a person(s) with COVID-19, as determined by the risk-based screening described in section (2) of this rule, regardless of symptom severity, unless Testing has been administered to the Resident and test results have been received by the Facility prior to admission. Testing should be performed no more than three days prior to the proposed admission date. Negative test results from pre-admission testing are in supplement to, and do not supplant, quarantine requirements in section (2) of this rule. (4) A Facility shall obtain written approval from the Department prior to admitting Residents known to have COVID-19. (5) A Facility shall follow OHA COVID-19 clinical guidelines as published on the OHA website. Statutory/Other Authority: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021 APD 34-2020, temporary adopt filed 08/10/2020, effective 08/10/2020 through 01/10/2021 APD 29-2020, temporary adopt filed 07/14/2020, effective 07/15/2020 through 01/10/2021
411-060-0025 Ensuring Trauma-Informed and Culturally Responsive Testing (1) Facilities and Associated Staffing Providers must adopt trauma-informed approaches to testing in accordance with Department guidance and professional standards of practice. Such approaches must account for the experiences and preferences of the person being tested to eliminate or mitigate triggers that may cause re-traumatization of the resident. (2) Facilities and Associated Staffing Providers must ensure that all communications and testing-related support services for Residents, Facility Staff, and Associated Staff, such as mediation, decision-making support, and mental health services, are delivered in a linguistically and culturally appropriate manner and are in accordance with Department guidance and professional standards of practice. Medicaid enrolled members who require the use of certified health care interpreters shall be afforded that opportunity consistent with relevant OARs. Statutory/Other Authority: ORS 441.612, 443.450 Statutes/Other Implemented: ORS 441.612, 443.450 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021 APD 34-2020, temporary adopt filed 08/10/2020, effective 08/10/2020 through 01/10/2021 APD 29-2020, temporary adopt filed 07/14/2020, effective 07/15/2020 through 01/10/2021
411-060-0027 Routine Staff Testing Requirements Every Assisted Living Facility and Residential Care Facility shall: (1) Ensure that all Facility Staff and Associated Staff are tested routinely for COVID-19 on an interval that considers the published county positivity rate, the availability of testing resources and at the frequency outlined in the Department guidance. Nursing Facilities will follow the standards set forth in the interim rules issued by the US Centers for Medicare and Medicaid Services (CMS) in 85 Federal Register 54820 (September 2, 2020). Nursing Facilities will also follow any guidance issued by CMS related to these rules. (2) If a Facility is unable to comply with the required testing interval due to lack of access to molecular testing services that can reliably process tests within 48 hours or lack of access to antigen tests, the Facility may request an exception and alternate testing schedule from the Department. (3) Conduct testing in a manner that is consistent with current standards of practice for conducting COVID-19 tests as defined in OHA clinical guidance. (4) For each instance of Facility Staff and Associated Staff testing, document or obtain copies of documentation that testing was completed and the results of each test. (5) Upon the identification of an individual specified in this paragraph with symptoms consistent with COVID-19, or who tests positive for COVID-19, take actions to prevent the transmission of COVID-19. (6) Have procedures for addressing Facility Staff and Associated Staff who refuse testing or are unable to be tested. Serial testing of all Facility Staff and Associated Staff is mandatory, except for those Facility Staff and Associated Staff who provide medical justification for declining testing from a licensed health care provider. If any Facility Staff or Associated Staff refuses testing that is required under this rule, the Facility or Associated Staffing Provider is required to address a refusal as a personnel matter with the individual employee. Personnel consequences for refusals to test shall be consistent with requirements under federal and state employment laws and collective bargaining agreements, if applicable. Statutory/Other Authority: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021
411-060-0030 Outbreak Prevention Testing Effective November 1, 2020, a Facility must coordinate or complete specimen collection for COVID-19 testing of all Residents, Facility Staff and Associated Staff within 72 hours of identification of a new case of COVID-19 in either a Resident, Facility Staff or Associated Staff. Statutory/Other Authority: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021 APD 34-2020, temporary adopt filed 08/10/2020, effective 08/10/2020 through 01/10/2021 APD 29-2020, temporary adopt filed 07/14/2020, effective 07/15/2020 through 01/10/2021
411-060-0040 Consent for Testing (1) A Facility must obtain consent from a Resident, or their representative, and Facility Staff prior to COVID-19 testing. The Facility shall develop a protocol to obtain consent from Residents and a separate protocol to obtain consent from Facility Staff. (2) Prior to obtaining consent pursuant to section (1) of this section, a Facility shall provide communication to a Resident or their representative, and the Resident family as applicable, regarding upcoming testing. Where possible and feasible, the Facility shall provide this communication at least one week prior to obtaining consent from the Resident. (3) Facilities must ensure that Associated Staffing Providers obtain consent from Associated Staff prior to COVID-19 testing. The Facility shall develop a protocol to document consent for any Associated Staff. (4) Prior to obtaining consent pursuant to section (3) of this section, an Associated Staffing Provider shall provide communication to Associated Staff regarding upcoming testing. Where possible and feasible, the Associated Staffing Provider shall provide this communication at least one week prior to obtaining consent from the Associated Staff. Statutory/Other Authority: ORS 441.612, 443.450 Statutes/Other Implemented: ORS 441.612, 443.450 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021 APD 34-2020, temporary adopt filed 08/10/2020, effective 08/10/2020 through 01/10/2021 APD 29-2020, temporary adopt filed 07/14/2020, effective 07/15/2020 through 01/10/2021
411-060-0050 Reporting All Facilities with Clinical Laboratory Improvement Amendments (CLIA) waivers must follow the reporting requirements contained in OARs 333-018-0000 thru 333-018-0145. This includes the requirements contained in OAR 333-018-0011 for reporting race, ethnicity, language and disability data. Statutory/Other Authority: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991 History: APD 54-2020, adopt filed 12/30/2020, effective 01/06/2021 APD 45-2020, temporary adopt filed 10/21/2020, effective 11/01/2020 through 01/10/2021 APD 34-2020, temporary adopt filed 08/10/2020, effective 08/10/2020 through 01/10/2021 APD 29-2020, temporary adopt filed 07/14/2020, effective 07/15/2020 through 01/10/2021
411-062-0000 Purpose The purpose of this rule is to establish requirements and criteria for the application, approval, distribution, and oversight of the Long-Term Care Capital Improvement and Emergency Preparedness Program (LTCCIEP). This Program provides financial assistance to long term-care providers that are preparing for, responding to, or recovering from a public health emergency. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0010 Definitions (1) “Air Quality and HVAC Improvement” means systems, system improvements, or equipment that reduce air pollutants, prevent or control the spread of infectious disease, and regulate temperature in indoor spaces including air conditioning. (2) “Emergency System Sources” mean for the purposes of this rule, a backup power source, which need not be installed or integrated into a facility’s infrastructure, that the provider may use during a power outage for the purpose of operating critical systems and appliances including refrigeration, portable heating and cooling devices necessary to preserve medications, supplies, or other equipment critical to a resident’s care or immediate safety on a temporary basis. Upgrading fire suppression systems is included in this rule. Licensed facilities are subject to all applicable state and federal licensing standards, i.e., Centers for Medicare and Medicaid. (3) “Long-Term Care Facility” means: (a) An Assisted Living Facility licensed under rules contained in Oregon Administrative Rule chapter 411, division 054; or (b) A Residential Care Facility licensed under rules contained in Oregon Administrative Rule chapter 411, division 054; or (c) A Nursing Facility licensed by the Department pursuant to Oregon Administrative Rule chapter 411, divisions 085 to 089. (4) “Infectious Disease Prevention Strategies” means infection control devices or equipment, including technological upgrades that support infection prevention and control. (5) “Room configurations” means development of negative pressure isolation rooms that prevent the spread of viruses. This may include site-level construction or remodel of resident rooms to reduce per room bed capacity and reduce the spread of infectious diseases. (6) “Technology and Telehealth” means electronic or virtual means or methods, including but not limited to computer technology, web or internet access, social media, videoconferencing or other technological means or methods to improve resident social isolation and allow for the provision of virtual health care. (7) “Project” means an effort to promote emergency preparedness, air quality, heating, ventilation, air conditioning, infectious disease prevention, and technology to support virtual visitation for which a grant is sought pursuant to these rules. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022