justicedao/ipfs_state_laws huggingface dataset:
411-090-0130 Endorsement Renewal and Relinquishment (1) ENDORSEMENT RENEWAL. Endorsement renewal must be made at the same time as the facility's license renewal. (2) If the initial endorsement approval falls within three months of the facility’s license renewal, an automatic exception shall be granted and the endorsement renewal shall be made at the time of the next renewal of the facility’s license. (3) RELINQUISHMENT OF ENDORSEMENT. The licensee must notify the Department in writing at least 90 days prior to the voluntary relinquishment of the endorsement of a Ventilator Assisted Program. For voluntary relinquishment, the facility must comply with OAR chapter 411, division 88, along with the additional following requirements: (a) Give all residents and their designated representatives 60-day written notice. The written notice must include: (A) The proposed effective date of the relinquishment. (B) Reference to other Ventilator Assisted Programs. (b) Submit a transition plan to the Department that demonstrates how the current residents shall be evaluated and assessed to reside in a different Ventilator Assisted Program unit or would require move-out or transfer to other settings. (c) Change care plans, as appropriate, to address any needs the residents may have with the transition. (d) Notify the Department when the relinquishment process is complete. (e) Revise advertising materials to remove any reference that the facility is an endorsed Ventilator Assisted 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
411-090-0140 Advertising of a Ventilator Assisted Program (1) An applicant may not advertise as an endorsed Ventilator Assisted Program facility until the applicant has obtained an endorsement from the Department. A prospective Ventilator Assisted Program facility may advertise as such if they have submitted an endorsement application to the Department. (2) A facility with a valid endorsement may advertise it has an endorsement. However, the advertising materials may not imply or state the Department recommends or supports a specific facility. (3) All advertising material must be truthful and may not include or use coercive or misleading information about the endorsement of the facility. (4) Upon the determination that a non-endorsed facility implies or advertises 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 411-089-0030. Statutory/Other Authority: ORS 409.050, 410.070, 441.055, 441.615 Statutes/Other Implemented: ORS 409.050, 410.070, 441.055 History: APD 9-2019, adopt filed 01/31/2019, effective 02/01/2019
411-090-0150 Licensee Requirements (1) The licensee must follow the licensing rules in OAR chapter 411, divisions 86 through 89, and these rules. (2) The licensee agrees to provide room, care, and services for all Ventilator Assisted Program residents in a distinct area within the facility. (3) The licensed respiratory therapists and registered nursing staff, on staff or on contract with the facility, must maintain documentation of resident care including weekly status updates of each resident. Documentation required by this paragraph shall be kept in the resident’s clinical record and shall be sufficient to: (a) Determine the needs of the resident are being met; (b) Support the appropriateness of invasive mechanical ventilation; and (c) Justify the Ventilator Assisted Program payment determination in accordance with these rules. (4) The licensee must make accessible to the Department all provider, resident, and other records maintained pursuant to these rules. (5) The licensee shall participate in the Department's annual review of the facility license renewal prior to the extension of the endorsement term. The licensee shall provide the Department with any business records requested by the Department for evaluation of licensee performance. 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
411-090-0170 Staff Training (1) STAFF TRAINING. The facility must provide residents with trained staff who have been instructed in invasive mechanical ventilation services and have ongoing training. (2) The administrator of the facility must complete and document an additional six hours of their required annual continuing educational requirements, related to the care of individuals who are dependent on an invasive mechanical ventilation as a means of life support. Continuing education credits must be documented and may include: (a) College courses. (b) Preceptor credits. (c) Self-directed activities. (d) Course instructor credits. (e) Corporate training. (f) In-service training. (g) Professional association trainings. (h) Web-based trainings. (i) Correspondence courses, (j) Tele-courses (k) Seminars. (l) Workshops. (3) Except in an emergency situation, and as defined in 411-090-0110, staff caring for Ventilator Assisted Program residents must complete eight hours of pre-service training in the care of ventilator dependent individuals. (a) The training must be conducted by a registered respiratory therapist, who has at least one year of experience in the care of ventilator dependent individuals. (b) These training requirements are in addition to the facility licensing requirements for training. (c) Documentation of this training shall include: (A) Name and qualification of the trainer. (B) Date of the training. (C) Duration and content of the training. (D) Signature and position of all participants. (4) In addition to the pre-service training described in this rule, staff caring for Ventilator Assisted Program residents must complete eight hours of annual in-service training in the care of ventilator dependent individuals. (5) Unless an exception is granted, the Ventilator Assisted Program Director shall have at least three years of direct care experience and knowledge in the care of ventilator dependent individuals. (6) The Ventilator Assisted Program Licensed Respiratory Therapy Trainer shall have at least three years of direct care experience and knowledge in the care of ventilator dependent individuals, and one year of experience in training. (7) Pre-service and annual in-service training may include various methods of instruction, including, but not limited to classroom style, web-based training, videos, or one-on-one training. (a) The facility must have a method for determining and documenting each staff person's knowledge and understanding of the training provided. (b) All training must be documented, and documentation maintained and provided to the Department when requested. (8) The qualified Ventilator Assisted Program Licensed Respiratory Therapist Trainer shall provide pre-service training for the licensed staff, and basic training for all others responsible for care and ancillary services within the Ventilator Assisted Program designated area before the facility admits its first resident dependent on invasive mechanical ventilation. 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
411-090-0190 Physical Design, Environment, and Safety (1) The intent of this rule is for the physical environment and design of the Ventilator Assisted program designated area to support the needs of the residents in the Ventilator Assisted Program who are dependent on invasive mechanical ventilation as a means of life support. The physical environment should maximize functional abilities, accommodate ventilator equipment, promote safety, enhance personal dignity, and encourage independence. These physical plant adaptation requirements are in addition to the requirements already established in OAR chapter 411, division 87. (2) Each ventilator must be equipped with an alarm per ventilator mode and with internal batteries to provide a short-term back-up system in case of a total loss of power. The battery must be checked and documented as recommended by the manufacturer. (3) The facility must have an audible, redundant, external alarm system located outside the resident's room to alert of ventilator failure. (4) The facility must have a means of notification to Ventilator Assisted Program direct care staff when a ventilator dependent resident is in distress. Examples include, installing an alarm system to the ventilator machine and designating rooms near a place where staff can easily hear the alarm on the ventilator machine. (5) RESIDENT ROOMS. The Ventilator Assisted Program Unit area shall have rooms and restrooms that are of sufficient proportion to accommodate ventilator equipment and extra staff. (6) COMMON AREAS. Dining, activity, and lounge spaces must be of sufficient proportion to accommodate staff and residents' individual and equipment needs at all times. (7) EQUIPMENT. The Ventilator Assisted Program Unit area shall have rooms equipped with: (a) All the equipment necessary for tracheostomy and ventilator care, at the resident's bedside, and within easy reach. (b) Tracheostomy kits available at all times for all residents. (c) Operable wall or portable suction equipment and necessary supplies. (d) Operable wall or portable emergency oxygen equipment and necessary supplies. (8) EMERGENCY BACKUP EQUIPMENT. The Ventilator Assisted Program Unit area shall have emergency back-up generators, batteries, and back-up equipment, along with the service and maintenance policies and plans for the equipment. (9) EMERGENCY PLAN. The facility must have an updated, specific plan addressing emergency needs and equipment for each type of resident approved to receive nursing facility Ventilator Assisted Program services. (10) EMERGENCY ELECTRICAL SERVICES. All resident rooms, as well as communal areas where the resident may choose to go, must have red duplex electrical outlets connected to the emergency electrical service. (11) AGREEMENT WITH LOCAL ELECTRIC COMPANY. The facility shall request to have priority for service restoration during a major outage. 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
411-090-0200 Exceptions Requests for exceptions to these rules shall be reviewed by the Department and processed in accordance with these rules and the licensing rules in OAR chapter 411, divisions 85 through 88. 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
411-090-0210 Reporting Requirements (1) REPORTING REQUIREMENTS. Endorsed Ventilator Assisted Program facilities shall report information to the Department in the form and format determined by the Department. (2) Facilities shall provide a quarterly Ventilator Assisted Program Client Utilization Report that contains the following data elements: (a) Client Name. (b) Valid ICD-9 CM diagnosis. (c) Type of respiratory services provided to the resident and the previous care setting if other than a hospital. (d) Summary of respiratory interventions. (e) Response to, or effectiveness of, ventilator or tracheotomy weaning. (f) Number of, and reasons for, respiratory hospitalizations. (g) Number of program residents who left the program, reason for leaving (death, weaned, or on a ventilator), and place of discharge. (h) Listing of trend data, by facility and resident, of reportable incidents including, but not limited to: (A) Unplanned ventilator "disconnects". (B) Resident removal of their own trach tube. (C) Paramedic calls. (D) Resident deaths. 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
411-090-0220 Administrative Review, Complaints, Inspections, and Sanctions (1) COMPLAINTS AND INVESTIGATIONS. The Department shall investigate complaints regarding an endorsed Ventilator Assisted Program in accordance with the Nursing Facility Licensing complaint and investigation procedures documented in OAR chapter 411, division 89. (2) INSPECTIONS. At the time of the Ventilator Assisted Program’s regular license renewal, the Department shall inspect the Ventilator Assisted Program 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. Sanctions involving the endorsement shall be in accordance with the Nursing Facility Licensing Rules in OAR 411-089-0020 (Sanctions) applicable to the type of sanction imposed. (a) SUSPENSION. The Department may immediately suspend a Ventilator Assisted Program endorsement if the Department finds a serious threat to the public health and safety and sets forth the 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 411-090-0120(7). (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 fire safety. (E) Failure to: (i) Implement a plan of correction; (ii) Comply with a licensing or endorsement condition that ensures the safety and security of residents; or (iii) Provide the care to residents living within the Ventilator Assisted Program, such that the health, safety, or welfare of the residents is jeopardized. (c) REVOCATION. The Department may issue a notice of revocation of endorsement upon finding there is substantial failure to comply with 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 Ventilator Assisted Program. Statutory/Other Authority: ORS 409.050, 410.070, 441.055, 441.615, 441.637 Statutes/Other Implemented: ORS 409.050, 410.070, 441.030, 441.055, 441.087, 441.615, 441.650, 441.665, 441.677, 441.676 & 441.690, 441.695, 441.710, 441.715, 441.990 History: APD 9-2019, adopt filed 01/31/2019, effective 02/01/2019
411-100-0000 Purpose and Scope The purpose of these rules is to provide for the administration and implementation of ORS 410.730 and 410.732, relating to the establishment of the Self-Sufficiency Trust Fund and the Disability Trust Fund. Statutory/Other Authority: ORS 410.730 and 410.732 Statutes/Other Implemented: ORS 410.730 History: SSD 4-1991, f. & cert. ef. 2-1-91
411-100-0010 Services Provided (1) State Trust Fund and Disability Trust Fund monies can be used to purchase additional services currently available in the state service delivery system which do not supplant services already provided by public assistance programs or to purchase new services deemed appropriate for the beneficiary or recipient. Such monies cannot provide for the same needs as those provided by public assistance programs, nor shall the supplementary services reduce, impair or diminish the benefits to which the beneficiary or recipient is otherwise entitled by law. Therefore, the following shall apply: (a) State Trust Fund and Disability Trust Fund monies shall not be used to meet food, shelter, clothing, personal needs, room/board and medical needs of the beneficiary or recipient, unless it is in addition to such needs, or not otherwise provided by other entitlement programs; (b) State Trust Fund and Disability Trust Fund monies shall not be made available as a direct payment to the beneficiary or recipient; (c) State Trust Fund and Disability Trust Fund monies for supplementary services shall cease if the beneficiary or recipient moves out of the state of Oregon, effective the date of the move. The funds in the beneficiary’s State Trust Fund account shall be transferred back to the private, non-profit trust; (d) All services purchased with State Trust Fund and Disability Trust Fund monies will be purchased by way of vouchers, approved by the Division, for supplementary services specified in the Agreement, or in the case of Disability Trust Fund monies, for supplementary services authorized by the designated local Division office; (e) Individual Life Care Plans will define those supplemental services for which payment will be made for the beneficiary. (2) Supplemental services may include, but are not limited to: (a) Social Services; (b) Rehabilitation and Remedial Services; (c) Educational Services; (d) Recreational Services and Programs; (e) Respite Services; (f) Habilitation Services; (g) Training Program to assist in managing activities of daily living; (h) Advocacy Services; and (i) Other services which are deemed appropriate. (3) Specific examples of supplemental services may include any of the following: additional food, clothing and health services not otherwise provided; birthday and holiday presents; radios; record players; computers; television sets; camping; vacations; athletic contests; health club membership; movies; trips; and other medical, health, recreational or safety needs. (4) Additional health care needs not otherwise provided will vary depending upon what services are covered under the various public assistance programs. The Division will generate a list which specifies examples of allowable supplemental health care services. Statutory/Other Authority: ORS 410.730 and 410.732 Statutes/Other Implemented: ORS 410.730 History: SSD 4-1991, f. & cert. ef. 2-1-91
411-100-0020 Funding of Services for State Trust Fund Supplemental services are paid by voucher from the individual beneficiary’s account to fulfill the life care plan created. Each agreement must indicate the amount of money to be made available for the supplemental services. Once supplemental services commence, the private, non-profit trust will transfer the principal and interest from the beneficiary’s fund to the State Trust Fund, to be deposited into a separate account for the beneficiary. The Division will authorize and implement the provision of the supplemental services to be provided and the State Executive Department will direct the payments from the State Trust Fund upon vouchers. Statutory/Other Authority: ORS 410.730 and 410.732 Statutes/Other Implemented: ORS 410.730 History: SSD 4-1991, f. & cert. ef. 2-1-91
411-100-0100 Disability Trust Fund Eligibility (1) In order to receive supplemental services through the Disability Trust Fund, an individual must: (a) Be 18 years of age or older; (b) Be disabled as defined in OAR 411-100-0005; (c) Be indigent and meet the Supplementary Security income eligibility standards; or (d) Be a recipient of services from the Department of Human Services. (2) Eligibility determination shall be required before any disabled individual may receive services. (3) Responsibility for eligibility determination shall rest with the Division’s designated local offices. Statutory/Other Authority: ORS 410.730 and 410.732 Statutes/Other Implemented: ORS 410.730 History: SSD 4-1991, f. & cert. ef. 2-1-91
411-100-0110 Supplemental Services Provided by the Disability Trust Fund (1) Determination of Supplemental Services: (a) Allocation of the Disability Trust Fund monies shall be determined by the Division; (b) Supplemental services shall be provided annually to an eligible individual on a one-time basis. Individuals can annually reapply and may be eligible for supplemental services; (c) The supplemental services authorized and the amount of Disability Trust Fund monies allocated to each eligible individual shall be left to the local designated Division office’s discretion, taking into consideration the amount of Disability Trust Fund dollars allocated by the Division; (d) Supplemental services provided for recipients are supplemental care, support, or treatment as defined in OAR 411-100-0005. (2) Administration of Supplemental Services: (a) The designated local Division office shall authorize the supplemental services to recipients on forms provided by the Division; (b) All authorized supplemental services will be purchased by Disability Trust Fund monies, by way of vouchers, approved by the Division; (c) Each designated local Division office shall keep separate accounts for each recipient of Disability Trust Fund services; (d) Each designated local Division office shall submit annually to the Division an accounting of the Disability Trust Funds used for supplementary services. Statutory/Other Authority: ORS 410.730 and 410.732 Statutes/Other Implemented: ORS 410.730 History: SSD 4-1991, f. & cert. ef. 2-1-91
411-200-0010 General Policy (1) The Oregon Department of Human Services (Department) reimburses a vendor or consultant for the costs of goods and services only if the Department has authorized payment before the provision of goods and services. The Department rejects all invoices for goods and services without the required prior authorization. (2) Except as provided in OAR 411-200-0030 and OAR 411-200-0035, the amount that the Department pays the vendor or consultant for previously authorized goods and services is: (a) For a vendor: The rates set forth in OAR 411-200-0030; and (b) For a consultant: No more than the maximum fee for the service prescribed in the United States Department of Health and Human Services' fee schedule. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 18-2022, amend filed 03/29/2022, effective 04/01/2022 APD 43-2021, temporary amend filed 10/13/2021, effective 10/15/2021 through 04/12/2022 APD 1-2014, f. 1-27-14, cert. ef. 2-1-14 SPD 9-2011, f. 4-29-11, cert. ef. 5-1-11 SPD 12-2006, f. 3-23-06, cert. ef. 4-1-06 SPD 12-2005, f. & cert. ef. 9-26-05 SPD 19-2004, f. & cert. ef. 6-23-04 SPD 7-2004, f. 3-23-04 cert. ef. 3-24-04 SPD 13-2003, f. & cert. ef. 7-1-03 SDSD 4-2002, f. & cert. ef. 6-12-02