justicedao/ipfs_state_laws huggingface dataset:
411-050-0740 Foreclosure (1) A licensee must provide written notification to the LLA within 10 calendar days after receipt of any notice of default, or any notice of potential default, with respect to a real estate contract, trust deed, mortgage, or other security interest affecting any property occupied or used by the licensee. (2) The licensee must provide a copy of the notice of default or warning of potential default to the LLA. (3) The licensee must provide written updates to the LLA at least every 30 days until the default or warning of potential default has been resolved and no additional defaults or potential defaults have been declared and no additional warnings have been issued. Written updates must include: (a) The current status on what action has been or is about to be taken by the licensee with respect to the notice received. (b) The action demanded or threatened by the holder of the security interest. (c) Any other information reasonably requested by the LLA. (4) The licensee must provide written notification within 24 hours to the LLA upon final resolution of the matters leading up to or encompassed by the notice of default or the notice warning of potential default. (5) If the subject default property is licensed as an AFH, the licensee must provide written notification of the following within 24 hours to the LLA, and all the residents and the residents' representatives, if applicable, regarding: (a) The filing of any litigation regarding such security interest, including the filing of a bankruptcy petition by or against the licensee or an entity owning any property occupied or used by the licensee. (b) The entry of any judgment with respect to such litigation. (c) The passing of the date 40 days before any sale scheduled pursuant to the exercise of legal rights under a security interest, or a settlement or compromise related thereto, of the licensee's property or property occupied or used by the licensee. (d) The sale, pursuant to the exercise of legal rights under a security interest, or a settlement or compromise related thereto, of the licensee's property or property occupied or used by the licensee. Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742 & 443.760, 443.767, 443.775, 443.790, 443.880 Statutes/Other Implemented: ORS 197.660 - 197.670, 409.050, 410.070, 413.085, 441. 373, 443.001 - 443.004 & 443.705 - 443.825, 443.875, 443.991 History: APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019
411-050-0755 Records - Availability (1) ACCESS TO RESIDENT RECORDS. Resident records must be readily available at the AFH to: (a) Residents, the residents' representatives or other legally authorized persons, all caregivers working in the home, and the Department, the LLA, the investigative authority, case managers, the Centers for Medicare and Medicaid Services (CMS), and Oregon Health Authority (OHA) for the purpose of conducting inspections or investigations. (b) The State Long-Term Care Ombudsman must be provided access to all resident and facility records. A Deputy Ombudsman and Certified Ombudsman Volunteers must be provided access to facility records relevant to caregiving and resident records with written permission from the resident or the resident's representative. (See OAR 114-005-0030). (2) CONFIDENTIALITY. The licensee must protect the residents' personal health and all other confidential information according to OAR 411-050-0730(5). (3) RETENTION. Records, including any financial records for residents, must be kept for a period of three years from the date the resident left the home. (4) ELECTRONIC. Electronic records may be used if the system complies with these rules. At a minimum, an electronic record system must: (a) Have the capability to print the electronic records. All caregivers must be able to print records upon request by the Department. (b) Have a back-up system to protect the electronic records in the event of power outages, system problems, or other problems. (c) Be compliant with applicable privacy and confidentiality laws according to OAR 411-050-0730(5). (d) Automatically identify any late entry and reflect the date and time of the late entry. (e) Prevent alteration of any entries once they are made. Changes may be documented, but the system must automatically include the date and time of the change. The reason for any modification must be documented by the caregiver. (f) Be password protected. The passwords for the electronic record system must be changed at least quarterly, and the password for the router must be changed at least every six months. Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790, 443.880 Statutes/Other Implemented: ORS 197.660 - 197.670, 409.050, 410.070, 413.085, 441. 373 & 443.001 - 443.004, 443.705 - 443.825, 443.875, 443.991 History: APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019
411-051-0120 Person-Centered Service Plan (1) A Medicaid-eligible resident's case manager shall complete a person-centered service plan, pursuant to OAR 411-004-0030. The licensee or administrator must incorporate all applicable elements identified in the person-centered service plan that the licensee or administrator is responsible for implementing. The licensee or administrator must notify the resident's case manager in the event a review and change or removal of an existing limitation is warranted, and when a new limitation is supported by a specific assessed need. (a) All attempts to notify the resident's case manager about a review to change, remove, or add a limitation must be documented, and available in the resident's record. (b) The licensee or administrator may not be held responsible for any failure on the case manager's part to conduct a review of current limitations or to complete the person-centered service plan if there have been multiple documented attempts to contact the resident’s case manager and the resident has been reasonably protected from harm. (2) Licensees or administrators may assist non-Medicaid residents in developing a person-centered service plan when no alternative resources are available. Statutory/Other Authority: ORS 127.520, 409.050, 410.070, 413.085, 441.373, 443.001, 443.004, 443.725 & 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 441.373, 443.001 - 443.004, 443.705 - 443.825 & 443.875, 443.991 History: APD 26-2019, minor correction filed 07/01/2019, effective 07/01/2019 APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019
411-052-0020 Sanctions - Administrative (1) An administrative sanction may be imposed for non-compliance with these rules. An administrative sanction includes one or more of the following actions: (a) Attachment of conditions to a license. (b) Civil penalties. (c) Denial, suspension, revocation, or non-renewal of license. (d) Reclassification of a license. (2) If the Department imposes an administrative sanction, the Department shall serve a notice of administrative sanction upon the licensee personally, by certified or registered mail or, if requested by the licensee, by certified electronic mail. (3) The notice of administrative sanction shall state: (a) Each sanction imposed. (b) A short and plain statement of each condition or act that constitutes a violation. (c) Each statute or rule allegedly violation. (d) A statement of the licensee's right to a contested case hearing. (e) A statement of the authority and jurisdiction under which the hearing is to be held. (f) A statement that the Department's files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case. (g) A statement that the Department shall issue a final order of default if the licensee fails to request a hearing within the specified time. (4) FINAL ORDER. The licensee must comply with any final order of the Department. Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 Statutes/Other Implemented: ORS 124.050, 124.060, 124.075, 409.050, 410.070, 413.085 & 443.001 - 443.004, 443.705 - 443.825, 443.875, 443.991 History: APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019
411-052-0040 Sanctions - Suspension of License (1) The Department may immediately suspend a license for reason of abuse, neglect, or exploitation of a resident if: (a) The Department finds that the abuse, neglect, or exploitation causes an immediate threat to any of the residents. (b) The licensee fails to operate the home or any other facility in substantial compliance with ORS 443.705 to 443.825. (2) The licensee may request a review of the decision to immediately suspend a license by submitting a request in writing, within 10 calendar days from the date the notice and order of suspension was mailed. Within 10 calendar days after receipt of the licensee's request for a review, the Department must review all material relating to the allegation of abuse, neglect, or exploitation and to the suspension, including any written documentation submitted by the licensee within that time frame. The Department shall determine, based on a review of the material, whether to sustain the decision. If the Department does not sustain the decision, the suspension shall be rescinded immediately. The decision of the Department is subject to a contest case hearing under ORS 183 if requested with 90 calendar days. (3) The Department shall suspend a license upon written notice from the Department of Revenue in accordance with ORS 305.385, and after notice to the licensee and a hearing if requested. (4) If a license is suspended, the Department may arrange for residents to move for their protection. Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001-443.004, 443.705-443.825 & 443.875, 443.991 History: APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019
411-052-0045 Criminal Penalties (1) Operating an AFH without a license is punishable as a Class C misdemeanor per ORS 443.991(5). (2) Refusing to allow access and inspection of a home by Department or LLA staff or state or local fire inspection is a Class B misdemeanor per ORS 443.991(6). (3) The Department may commence an action to enjoin operation of an AFH: (a) When an AFH is operated without a valid license. (b) After a notice of revocation or suspension has been given and a reasonable time for placement of individuals in other facilities has been allowed. Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875, 443.991 History: APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019
411-054-0000 Purpose (1) The purpose of these rules is to establish standards for assisted living and residential care facilities that promote the availability of a wide range of individualized services for elderly and persons with disabilities, in a homelike environment. The standards are designed to enhance the dignity, independence, individuality, and decision making ability of the resident in a safe and secure environment while addressing the needs of the resident in a manner that supports and enables the individual to maximize abilities to function at the highest level possible. (2) Residential care and assisted living facilities are also required to adhere to Home and Community-Based Services, OAR 411-004. For purposes of these rules, all residential care and assisted living facilities are considered home and community-based care settings and therefore shall be referred to as "facility". Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: APD 10-2016, f. 6-27-16, cert. ef. 6-28-16 APD 26-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-28-16 SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0019 Change of Ownership or Management (1) The licensee and the prospective licensee must each notify the Department in writing of a contemplated change in ownership or management entity. The written notification must be received at least 60 days prior to the proposed date of change. (a) The prospective licensee or management entity must submit at least 60 days in advance of the proposed date change: (A) A completed application form; (B) A copy of policies, procedures, rental agreements, service plans, required disclosure information, including the Consumer Summary Statement, and identification of the Department-approved Acuity-Based Staffing Tool the facility will implement and use as outlined in OAR 411-054-0037; and (C) A licensing fee, as described in ORS 443.415, submitted according to Department policy. (b) The prospective licensee must notify the residents in writing 30 days in advance of a change in ownership or management entity. The notice to residents must include any changes to rates or policies. (c) The prospective licensee or operator may not assume possession or control of the facility until the Department has notified the prospective licensee or operator that the license application has been approved. (d) The licensee is responsible for the operation of the facility and resident services until a new license is issued to the new owner. (2) A building inspection may be requested at the Department's discretion. The Department may require physical improvements if the health or safety of residents is negatively impacted. (3) Resident records maintained by the licensee must be turned over to the new owner when the license application is approved, and the new licensee assumes possession or control of the facility. (4) The new owner or licensee shall send a revised copy of the Consumer Summary Statement to the Department prior to a change of ownership or management. The revised copy must include new ownership or management information and any other amendments to the document. All Consumer Summary Statements are posted to the Department’s licensing webpage. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: APD 69-2024, amend filed 12/20/2024, effective 12/24/2024 APD 29-2024, temporary amend filed 06/21/2024, effective 07/01/2024 through 12/27/2024 APD 55-2021, amend filed 12/09/2021, effective 12/15/2021 SPD 11-2012, f. 8-31-12, cert. ef. 9-1-12 SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0038 Individually-Based Limitations This rule will begin being implemented January 1, 2017. The requirements in this rule must be in place no later than June 30, 2019. (1) When the condition under OAR 411-004-0020(1)(d) may not be met due to a threat to the health and safety of an individual or others, an individually-based limitation process, as described in this rule, must apply in any residential or non-residential setting. (2) When a condition under OAR 411-004-0020(2)(d) to (2)(j) may not be met due to a threat to the health and safety of an individual or others, in a provider owned, controlled, or operated residential setting, an individually-based limitation process, as described in this rule, must apply. (3) An individually-based limitation must be supported by a specific assessed need and documented in the person-centered service plan by completing and signing a program approved form documenting the consent to the appropriate individually-based limitation. The form identifies and documents, at a minimum, all of the following requirements: (a) The specific and individualized assessed need justifying the individually-based limitation. (b) The positive interventions and supports used prior to any individually-based limitation. (c) Less intrusive methods that have been tried but did not work. (d) A clear description of the limitation that is directly proportionate to the specific assessed need. (e) Regular collection and review of data to measure the ongoing effectiveness of the individually-based limitation. (f) Established time limits for periodic reviews of the individually-based limitation to determine if the limitation should be terminated or remains necessary. The individually-based limitation must be reviewed at least annually. (g) The informed consent of the individual or, as applicable, the legal representative of the individual, including any discrepancy between the wishes of the individual and the consent of the legal representative. (h) An assurance that the interventions and support do not cause harm to the individual. (i) If using a restraint, a facility must meet the requirements of OAR 411-054-0060. (4) Providers are responsible for: (a) Maintaining a copy of the completed and signed form documenting the consent to the appropriate limitation. The form must be signed by the individual, or, if applicable, the legal representative of the individual prior to the implementation being implemented. (b) Regular collection and review of data to measure the ongoing effectiveness of and the continued need for the individually-based limitation. (c) Requesting a review of the individually-based limitation when a new individually-based limitation is indicated, or change or removal of an individually-based limitation is needed. Statutory/Other Authority: ORS 409.050, 413.042, 413.085 & 443.738 Statutes/Other Implemented: ORS 409.050, 413.042, 413.085 & 443.738 History: APD 30-2017, amend filed 12/01/2017, effective 12/15/2017 APD 17-2017(Temp), f. & cert. ef. 8-1-17 thru 1-27-18 APD 10-2016, f. 6-27-16, cert. ef. 6-28-16 APD 26-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-28-16
411-054-0040 Change of Condition and Monitoring (1) CHANGE OF CONDITION. These rules define a resident's change of condition as either short term or significant with the following meanings: (a) Short term change of condition means a change in the resident's health or functioning that is expected to resolve or be reversed with minimal intervention or is an established, predictable, cyclical pattern associated with a previously diagnosed condition. (b) Significant change of condition means a major deviation from the most recent evaluation that may affect multiple areas of functioning or health that is not expected to be short term and imposes significant risk to the resident. (c) If a resident experiences a significant change of condition that is a major deviation in the resident's health or functional abilities, the facility must evaluate the resident, refer to the facility nurse, document the change, and update the service plan and the ABST. The staffing plan should also be updated, as needed. (d) If a resident experiences a short-term change of condition that is expected to resolve or reverse with minimal intervention, the facility must determine and document what action or intervention is needed for the resident. (A) The determined action or intervention must be communicated to staff on each shift. (B) The documentation of staff instructions or interventions must be resident specific and made part of the resident record with weekly progress noted until the condition resolves. (2) MONITORING. The facility must have written policies to ensure a resident monitoring and reporting system is implemented 24-hours a day. The policies must specify staff responsibilities and identify criteria for notifying the administrator, registered nurse, or healthcare provider. The facility must: (a) Monitor each resident consistent with his or her evaluated needs and service plan; (b) Train staff to identify changes in the resident's physical, emotional and mental functioning and document and report on the resident's changes of condition; (c) Have a reporting protocol with access to a designated staff person, 24-hours a day, seven days a week, who can determine if a change in the resident's condition requires further action; and (d) Provide written communication of a resident's change of condition, and any required interventions, for direct care staff on each shift. Statutory/Other Authority: ORS 410.070 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991 History: APD 69-2024, amend filed 12/20/2024, effective 12/24/2024 APD 19-2018, amend filed 06/29/2018, effective 06/29/2018 APD 35-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018 SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07
411-054-0050 Infection Prevention and Control (1) Facilities must establish and maintain infection prevention and control protocols to provide a safe, sanitary and comfortable environment. This includes protocols to prevent the development and transmission of communicable diseases. (2) Each facility must designate an individual to be the facility’s “Infection Control Specialist” responsible for carrying out the infection prevention and control protocols and serving as the primary point of contact for the Department regarding disease outbreaks. The Infection Control Specialist must: (a) Be qualified by education, training and experience or certification; and (b) Complete specialized training in infection prevention and control protocols within three months of being designated under this paragraph, unless the designee has received the specialized training within the 24-month period prior to the time of the designation. The Department will describe trainings that will be acceptable to meet the specialized training requirement in rule, by January 1, 2022. (3) Each facility must establish infection prevention and control protocols and have an Infection Control Specialist, trained as required in this rule, by July 1, 2022. (4) Facilities must comply with masking requirements as prescribed in OAR 333-019-1011 or, if applicable, OAR 437-001-0744, to control the spread of COVID-19. (5) Facilities must comply with vaccination requirements for COVID-19 as prescribed in OAR 333-019-1010. Facilities must maintain proof of vaccination or documentation of a medical or religious exemption as required in OAR 333-019-1010(4). Statutory/Other Authority: ORS 410.070, 443.004, 443.012 & 443.450 Statutes/Other Implemented: ORS 443.004, 443.400-443.455 & 443.991 History: APD 10-2022, amend filed 03/10/2022, effective 03/18/2022 APD 40-2021, temporary amend filed 09/30/2021, effective 10/01/2021 through 03/28/2022 APD 20-2021, adopt filed 06/08/2021, effective 06/09/2021 APD 51-2020, temporary adopt filed 12/18/2020, effective 01/01/2021 through 06/29/2021