justicedao/ipfs_state_laws huggingface dataset:
411-087-0490 Elevator Systems All buildings having residents’ facilities (such as bedrooms, dining rooms, or recreation areas) or resident services (such as diagnostic or therapy) located on a floor other than the main entrance floor shall have electric or electro-hydraulic elevators. Installation and testing of elevators shall comply with requirements of the Oregon Building Codes Division Elevator Safety Section: (1) Number: (a) Buildings required to have elevators under this rule shall have at least one hospital-type elevator; (b) Buildings with 60 to 200 beds located on floors other than the main entrance floor or where the major inpatient services are located on a floor other than those containing resident beds shall have at least two elevators; (c) Buildings with more than 200 beds located on floors other than the main entrance floor shall have at least three elevators. (2) Cars and Platforms: (a) Dimensions. Cars of hospital-type elevators shall have inside dimensions that will accommodate a resident bed and attendants and shall be at least five feet (1.52 m) wide by seven feet six inches (2.29 m) deep. The car door shall have a clear opening of not less than three feet eight inches (1.12 m); (b) Leveling. Elevators shall be equipped with an automatic leveling device on the two-way automatic maintaining type with an accuracy of 1/2 inch (1.3 cm); (c) Operation. Elevators, except freight elevators, shall be equipped with a two-way special service switch to permit cars to bypass all landing button calls and be dispatched directly to any floor. Elevator call buttons, controls, and door safety stops shall be of a type that will not be activated by heat or smoke; (d) Disabled Access. Elevator controls, alarm buttons, signals and telephones shall be accessible to wheelchair occupants and usable by the blind. (3) Exceptions. Facilities continuously licensed since January 1, 1992 shall be exempt from this rule unless otherwise provided by OAR 411-087-0010. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055 & 441.615 History: SSD 22-1991, f. 12-31-91, cert. ef. 1-1-92
411-088-0000 Purpose These Oregon Administrative Rules, OAR 411-088-0000 – 411-088-0080, shall be known as the “Transfer Rules.” The purpose of these rules is to ensure that: (1) Unnecessary transfers do not occur; (2) When transfers are necessary, precautions are taken by the facility to minimize risk to the resident and to help ensure the transfer will result in an environment that is suited to meet the resident’s needs; and (3) Residents who leave to go to a hospital, or who choose to go to any other environment (except another nursing facility), may return; and (4) Residents are provided with information on their rights relative to the transfer process prior to a voluntary or involuntary transfer. Statutory/Other Authority: ORS 410 & 411.055 Statutes/Other Implemented: ORS 441.055, 441.600 & 441.615 History: SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-088-0007 Voluntary Transfer (1) Written Consent Required. Written consent for a voluntary transfer is required. Consent must be in writing on the form provided by the Division on the back page of the brochure, “Leaving the Nursing Facility.” If a resident has substantially impaired cognitive powers, consent may only be given by a person designated by the resident to receive notice or, if none, the resident’s legal representative. (2) Documentation. The completed consent form must be kept in the resident’s clinical record. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 410 & 441.055 Statutes/Other Implemented: ORS 441.055, 441.600 & 441.615 History: SSD 8-1993, f. & cert. ef. 10-1-93
411-088-0010 Involuntary Transfer Unless a transfer is voluntary, no resident may be transferred from a facility except for the reasons and according to the procedures described in these Transfer Rules. These rules shall only apply to residents in nursing facility beds or persons returning to nursing facility beds. Statutory/Other Authority: ORS 410 & 441 Statutes/Other Implemented: ORS 441.055, 441.600 & 441.615 History: SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-088-0030 Considerations Required Prior to Involuntary Transfer Prior to issuing a notice for an involuntary transfer, in order to determine the appropriateness of transfer, the facility shall consider the following: (1) The availability of alternatives to transfer. (2) The resident’s ties to family and community. (3) The relationships the resident has developed with other residents and facility staff. (4) The duration of the resident’s stay at the facility. (5) The medical needs of the resident and the availability of medical services. (6) The age of the resident and degree of physical and cognitive impairment. (7) The availability of a receiving facility that would accept the resident and provide service consistent with the resident’s need for care. (8) The consistency of the receiving facility’s services with the activities and routine with which the resident is familiar, and the receiving facility’s ability to provide the resident with similar access to personal items significant to the resident and enjoyed by the resident at the transferring facility. (9) The probability that the transfer would result in improved or worsened mental, physical, or social functioning, or in reduced dependency of the resident. (10) The type and amount of preparation for the move, including but not limited to: (a) Solicitation of the resident’s friends and/or family in preparing the resident for the move; (b) Visitation by the resident to (prior to actual transfer) or familiarity of the resident with the place to which the resident is to be transferred. (11) On-site consultation by an individual with specific expertise in mental health services if the basis for considering transfer is behavioral, e.g., gero-psychiatric consultation. Statutory/Other Authority: ORS 410 & 441.055 Statutes/Other Implemented: ORS 441.055, 441.600 & 441.615 History: SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-088-0040 Involuntary Transfer Prohibited (1) The facility shall not involuntarily transfer a resident for medical or welfare reasons under OAR 411-088-0020(1)(a) through (f) if the risk of physical or emotional trauma significantly outweighs the risk to the resident and/or to other residents if no transfer were to occur. (2) The facility shall not involuntarily transfer a resident for any other reasons under OAR 411-088-0020 if the transfer presents a substantial risk of morbidity or mortality to the resident. (3) The facility shall not transfer, discharge or evict a resident from a facility based in whole or in part on a resident’s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status as defined in OAR 411-085-0005. Statutory/Other Authority: ORS 410.070, 441.122, 441.373 & 441.615 Statutes/Other Implemented: ORS 441.055, 441.112, 441.600 & 441.615 History: APD 57-2024, amend filed 09/23/2024, effective 09/25/2024 APD 18-2024, temporary amend filed 03/29/2024, effective 04/01/2024 through 09/27/2024 SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-088-0050 Right to Return from Hospital (1) If a resident is transferred to a hospital, the facility may not fill the resident's bed with another person if the resident or the resident's legal representative offers payment, or reimbursement is available from the Department, for the period of the hospital stay. If payment or reimbursement is offered or available, from or on behalf of the resident, the Department, or a combination thereof, or if the facility has not complied in full with section (2) of this rule, the resident shall have the right of return to his or her bed immediately after the period of hospital stay. (2) The Administrator, or his or her designee, is responsible for notifying the resident or legal representative and any agency responsible for the welfare or support of the resident of the option to offer payment to hold the bed prior to filling the bed with another person. This notification shall be documented in the resident's record by either the resident's or legal representative's written agreement to pay or rejection of the option to pay. (3) If the resident is unable, due to physical or mental incapacity, to enter such agreement and there is no legal representative known to the facility, this fact shall be documented in the resident's record and the resident's bed may thereafter be filled upon issuance of the notice (SDS 0510). (4) If the resident's bed has been given to another person because payment was not offered, the resident shall have priority for readmission over all other persons with a right to readmission and over any waiting list. (5) If a former resident or his or her legal representative requests right of return and the facility denies right of return, then the facility shall give written notice (SDS 0510). (6) Persons with right of return have priority over all persons with right of readmission. (7) Residents with a right of return are entitled to return to the facility immediately upon discharge from the hospital unless the resident's bed has been filled in compliance with this rule and there is no available bed in the facility. Statutory/Other Authority: ORS 410 & 441.055 Statutes/Other Implemented: ORS 441.055, 441.600 & 441.615 History: APD 17-2015, f. 7-31-15, cert. ef. 8-10-15 APD 5-2015(Temp), f. 2-27-15, cert. ef. 3-2-15 thru 8-28-15 SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-088-0060 Right to Readmission (1) Any person transferred from a facility voluntarily or involuntarily shall have the right of readmission to the facility from which the person was transferred, provided that: (a) A request for readmission is made within 180 days of the date of transfer; (b) The person is eligible by means of payment and requires nursing facility care; and (c) No determination was made at informal conference or hearing that the person does not have the right of readmission. (2) Section (1) of this rule does not require a facility to accept a person in a bed located in a room which is occupied by a resident of the opposite sex at the time of the request. EXCEPTION: A facility is required to accept a person to a room occupied by a resident of the opposite sex if the respective resident previously shared a room in the facility and if neither resident objects to the admission. (3) Section (1) of this rule does not require a facility to accept a person who voluntarily transferred from the facility directly to another nursing facility. (4) If a person or his or her legal representative request readmission, and the facility denies readmission, then the facility shall give written notice (SDS 0510). (5) A former resident who receives Medicaid does not have the right to be readmitted to a facility which is not Medicaid certified unless reimbursement is available pursuant to OAR 411-070-0010. (6) If more than one person has a right of readmission, priority in allocation of vacancies shall be determined by the earliest date of application for readmission. (7) A person whose stay in the facility totals 30 or fewer days and was transferred pursuant to OAR 411-088-0070(1)(d) (post-hospital extended care services or specialized services) may not have a right of readmission. Statutory/Other Authority: ORS 441.055 & 441.605 Statutes/Other Implemented: ORS 441.055, 441.600 & 441.615 History: APD 17-2015, f. 7-31-15, cert. ef. 8-10-15 APD 5-2015(Temp), f. 2-27-15, cert. ef. 3-2-15 thru 8-28-15 SSD 2-1995, f. & cert. ef. 2-15-95 SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-089-0010 Inspections and Surveys (1) Frequency. The Department shall, in addition to any investigations conducted pursuant to complaints, conduct a general in-person inspection of each facility to determine compliance with nursing facility laws on a schedule consistent with the survey schedule defined by the Centers for Medicare and Medicaid Services (CMS), and at such other times as the Department deems necessary. (2) Content. The general in-person inspection includes a review of resident care practices. Results of the review shall be summarized on the survey form. (3) Documentation: A nursing facility shall maintain all written documentation required by Oregon law. Such written documentation shall be kept on the facility premises. When documents and records are requested by the Department, the facility shall make the requested materials available to the investigator or inspector for review and copying. Statutory/Other Authority: ORS 410.070, 441.055 & 441.615 Statutes/Other Implemented: ORS 441.087, 441.050, 441.615, 441.630, 441.690, 441.695 & 441.710 History: APD 53-2021, amend filed 12/09/2021, effective 12/13/2021 APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SSD 1-1995, f. 1-30-95, cert. ef. 2-1-95 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-089-0020 Sanctions, Generally (1) Information collected during a visit by any Department, local APD, or Area Agency on Aging representative, regardless of the reason for the visit, may be used as a basis for any sanction imposed by the Department. (2) The use of any one sanction by the Department does not preclude the implementation of any other sanctions for the same deficiencies. (3) The Department may seek appropriate administrative or injunctive relief before the completion of an investigation or inspection if it appears a resident might otherwise be deprived of rights secured by federal or state law. (4) If after an investigation or inspection the Department believes there is substantial evidence a violation has occurred or is occurring, the Department may seek, by administrative or judicial means, to obtain such remedial relief as may be appropriate, including voluntary compliance, contested case, and injunction proceedings. Statutory/Other Authority: ORS 441.055, 441.615 & 441.070 Statutes/Other Implemented: ORS 411.050, 441.615 & 441.710 History: APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-089-0070 Facility Fund (1) Moneys in the Facility Fund are appropriated to the Department to pay for the reasonable expenses of a trustee or temporary manager. (2) BASIS FOR APPOINTMENT. (a) A trustee may be appointed when a court finds the health and welfare of facility residents are in jeopardy pursuant to ORS 441.281. (b) A temporary manager may be appointed by the Department, with consent of the licensee, if the Department determines the health or safety of facility residents is in jeopardy pursuant to OAR 411-089-0075. (3) LICENSEE REPAYMENT TO FACILITY FUND. When the Department is required to utilize the Facility Fund to meet expenses of a trustee or temporary manager, the amount used shall constitute a loan to the facility and shall be repayable to the Facility Fund. (4) FACILITY FUND FEE ASSESSMENT. (a) Licensees shall pay an annual fee that does not exceed the annual license fee until the Facility Fund balance reaches $750,000. (b) When the Facility Fund balance reaches $750,000, annual fee collection shall be discontinued. (c) When the Facility Fund balance falls below $600,000, annual fee collection shall be reinstituted. (5) ALLOWABLE COST. The facility payment described in section (4)(a) of this rule shall be considered an allowable cost. Statutory/Other Authority: ORS 441.341, 441.615, 441.637, 441.710, 441.715 & 441.990 Statutes/Other Implemented: ORS 441.301, 441.303 & and 441.336 History: APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SPD 11-2010, f. 6-30-10, cert. ef. 7-1-10
411-089-0075 Temporary Manager (1) APPOINTMENT. The Department, with the consent of the licensee, may appoint a temporary manager to assume control of the day-to-day operation of the facility in accordance with Oregon Laws 2009, chapter 539, sections 14 through 18. The appointment may be for a period not to exceed six months. (2) CRITERIA. A temporary manager may be appointed if the Department determines the health or safety of residents in the facility are, or in the immediate future shall be, in jeopardy based upon: (a) The licensee’s unwillingness or inability to comply with Department rules in the operation of the facility; (b) The imminent insolvency of the facility; (c) The Department’s revocation or suspension of the license of the facility; or (d) The Department’s determination the licensee intends to cease operations and to close the facility without adequate arrangements for the relocation of the residents. (3) DUTIES AND POWERS. The temporary manager has all of the duties and powers, as agreed upon between the Department and the licensee, that are necessary to ensure the safety and well-being of the residents and the continued operation of the facility. (4) QUALIFICATIONS. In order to qualify for appointment as temporary manager, the prospective appointee must: (a) Be familiar with the Department’s rules for the operation of the facility to be served; (b) Be familiar with the needs of the resident population in the facility to be served; and (c) Have a demonstrated history (five year minimum) of operating and managing a similar facility in substantial compliance with Department rules. Statutory/Other Authority: ORS 441.615, 441.637, 441.710, 441.715 & 441.990 Statutes/Other Implemented: ORS 410.070, 441.055, 441.615, 441.637, 441.715 & 441.990 History: APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SPD 11-2010, f. 6-30-10, cert. ef. 7-1-10 SPD 24-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10
411-089-0110 Initial Status Report (Abuse Complaints Only) (1) Initial Status Report for Abuse Investigations (Local APD or Type B AAA Office). Except in cases where the investigation is part of a general inspection pursuant to federal law, the local APD or Type B AAA office shall complete an Initial Status Report for all abuse investigations within two working days of the start of the investigation. (2) Content. The Initial Status Report shall include: (a) A summary of the complaint identifying each alleged incident or problem. The Initial Status Report shall not include names of residents, complainants, or other people interviewed during the investigation; (b) The status of the investigation; (c) Whether the complaint was filed at the direction of facility administration; (d) A determination of whether action to protect the residents is needed and whether the facility must take action; (e) The name and telephone number of the investigator; (f) The projected date the Complaint Investigation Report must be completed; and (g) A statement that the Complaint Investigation Report is available upon request after the Department issues a Letter of Determination. (3) Distribution. The Initial Status Report shall be provided either in person or by mail to the following individuals as soon as practical, but no later than two working days after its completion: (a) The complainant, unless the complainant waives the requirement; (b) If the complaint involves a specific resident or residents, to the residents or persons designated to receive information concerning the residents; (c) A representative of the Long Term Care Ombudsman, upon request; (d) The facility; and (e) OLRO. (4) Availability of Initial Status Report. Upon completion, the Initial Status Report shall be placed in the local APD or Type B AAA facility files and available for public inspection. Statutory/Other Authority: ORS 410.070, 441.055 & 441.637 Statutes/Other Implemented: ORS 441.637 & 441.650 History: APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SSD 1-1995, f. 1-30-95, cert. ef. 2-1-95
411-089-0120 Complaint Investigation Report (Local APD or Type B AAA Office) (1) Report Required. The investigator shall write a complaint investigation report after each investigation is completed. (2) Content. The complaint investigation and the findings of the investigation shall be summarized on the complaint investigation report form. The form shall not include the names of any resident, complainant, or persons interviewed. The investigation report shall include: (a) The nature of the allegations; (b) The investigator's personal observations relating to relevant evidence, including the dates and times of each incident (as appropriate); (c) A summary of the documents reviewed; (d) A summary of each interview; (e) The investigator's findings regarding the incident or problem alleged in each allegation; and (f) The factual basis for the finding. (3) Investigator's Conclusions. For each alleged wrongdoing, the investigator shall prepare a separate evaluation and written conclusion. The conclusion shall be: (a) The alleged wrongdoing is substantiated; (b) The alleged wrongdoing is not substantiated; or (c) The investigator is unable to determine whether the alleged wrongdoing is substantiated or not substantiated because necessary, relevant information is unable to be obtained; or following a complete investigation, a reasonable person is unable objectively to conclude whether it was likely the wrongdoing occurred. (4) Timeframe for Completion Processing (Local APD or Type B AAA Office). (a) If a complaint alleges abuse, the complaint report shall be completed within five working days after the investigation is completed, but not later than 60 days after receipt of the complaint. (b) All other complaint investigation reports shall be completed within 90 days of the receipt of the complaint. (c) Investigation reports shall be sent to OLRO promptly upon completion. Statutory/Other Authority: ORS 410.070, 441.055 & 441.637 Statutes/Other Implemented: ORS 441.637, 441.650 & 441.676 History: APD 13-2015, f. 6-24-15, cert. ef. 6-28-15 APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15 SSD 1-1995, f. 1-30-95, cert. ef. 2-1-95
411-090-0100 Statement of Purpose (1) The purpose of the rules in OAR chapter 411, division 90 is to establish standards for the endorsement of Ventilator Assisted Programs. The Ventilator Assisted Program provides specialized services for individuals dependent on invasive mechanical ventilation as a means of life support, individuals who are dependent on BiPAP or CPAP due to acute respiratory failure, and individuals who are transitioning from mechanical ventilation. (2) These rules are designed to ensure residents living in nursing facilities who receive services under the Ventilator Assisted Program have a positive quality of life, consumer protection, and person-centered care. Residents' rights, dignity, choice, comfort, and independence are promoted in this setting. The endorsement of a nursing facility Ventilator Assisted Program does not constitute a recommendation of the nursing facility by the Department of Human Services, Aging and People with Disabilities Program. Statutory/Other Authority: ORS 409.050, 410.070, 441.055, 441.615 Statutes/Other Implemented: ORS 409.050, 410.070, 441.055, 441.615 History: APD 9-2019, adopt filed 01/31/2019, effective 02/01/2019