411-050-0705 Residency Agreement (1) A licensee or administrator must enter into a written Agreement with all residents or the residents' representatives, which details the care and services to be provided, and the rate to be charged. The written Agreement must be signed by all parties before the admission of the resident. A copy of the Agreement is subject to review for compliance with these rules by the LLA before licensure and before the implementation of any changes to the Agreement. (2) The Agreement must include, but not be limited to: (a) Services to be provided and the rate to be charged. For individuals receiving Medicaid, the Residency Agreement may state the rate will be "as authorized by the Department". A payment range may not be used unless the Agreement plainly states when an increase in rate may be expected based on a resident's increased care or service needs. (b) Conditions under which the rates may be changed. (c) The home's refund policies in instances of a resident's hospitalization, temporary absence, death, transfer to another care setting, and voluntary or involuntary move. The refund policies must be in compliance with OAR 411-050-0710. For consumers, the Agreement must: (A) Disclose refund policies for partial months and indicate if the room and board is refundable. (B) Be consistent with the rules for Payment Limitations in Home and Community-Based Services in OAR chapter 411, division 27. (d) A statement indicating the resident is not liable for damages considered normal wear and tear on the AFH and the AFH's contents. (e) A statement that must be initialed and dated by the resident or the resident's representative, indicating whether the resident agrees to a shared bedroom. (3) The Agreement must disclose the home's policies regarding: (a) Moves, including: (A) Voluntary moves and whether the licensee requires written notification of a non-Medicaid resident's intent to not return. (B) Involuntary moves and the resident's rights according to OAR 411-050-0760. (b) Any charges for storage of belongings that remain in the AFH for more than 15 calendar days after the resident has left the home. (c) Any policies the AFH may have on the use of alcohol, tobacco, intercoms, and audio monitors. (d) Smoking in compliance with OAR 411-050-0720(18). (e) Animals. Restrictions may not apply to animals that provide assistance or perform tasks for the benefit of a person with a disability. Such animals are often referred to as service animals, assistance animals, support animals, therapy animals, companion animals, or emotional support animals. (f) The presence and use of legal medical and recreational marijuana on the premises. (g) Schedule of meal times with no more than a 14-hour span between the evening meal and the following morning's meal (See OAR 411-050-0730(8)). (h) Whether the home serves individuals eligible for Medicaid services. (i) Refunds for residents eligible for Medicaid services, including pro-rating partial months and if the room and board is refundable. (j) A clear and precise statement of any limitation to the implementation of Advance Directives on the basis of conscience. This rule does not apply to medical professional or hospice orders for administration of medications. The statement must include: (A) A description of conscientious objections as they apply to all occupants of the AFH. (B) The legal authority permitting such objections under ORS 127.505 to 127.660. (C) Description of the range of medical conditions or procedures affected by the conscientious objection. (4) The policies within the Agreement must be consistent with the practices of the licensee, staff, occupants, and visitors of the home. (5) The Agreement also must: (a) Not conflict with the Resident's Rights, the family atmosphere of the home, or any of these rules. (b) Be reviewed by the LLA to determine compliance with these rules before the issuance of a license, and before implementing any changes. (6) The Agreement must include the freedoms authorized by 42 CFR 441.301(c)(4) & 42 CFR 441.530(a)(1), which must not be limited without the informed, written consent of the resident or the resident's legal representative, and for consumers, approval by the person-centered service plan coordinator. These include the right to be free from restraints according to the Resident's Bill of Rights, and the right to: (a) Freedom and support to access food at any time. (b) Have visitors of the resident's choosing at any time. (c) Have a lockable door in the resident's bedroom, which may be locked by the resident. (d) Choose a roommate when sharing a bedroom. (e) Furnish and decorate the resident's bedroom according to the Residency Agreement. (f) Have freedom and support to control the resident's schedule and activities. (g) Privacy in the resident's bedroom. (7) The licensee may not impose additional fees on consumers, such as finder's fees or non-compete fees. (8) The licensee may not charge or ask for application fees or non-refundable deposits. Fees to hold a bed are permissible. (9) The licensee or administrator must give a copy of the signed Agreement to the resident or the resident's representative and must retain the original signed Agreement and any amendments on the premises available for review. (10) The licensee may not include any illegal or unenforceable provision in an Agreement with a resident and may not ask or require a resident to waive any of the resident's rights or licensee's liability for negligence. (11) Agreement by the resident or the resident’s representative to the use of any home monitoring devices may not be a condition of admission. (12) The licensee or administrator must give written notice to a non-Medicaid resident and the resident's family or other representatives 30 calendar days before any general rate increases, additions, or other modifications of the rates. The licensee or administrator is not required to give 30 day written notice if the rate change is due to the resident's increased care or service needs and the agreed upon rate schedule in the resident's Agreement has specified charges for those changes. (13) The licensee or administrator must enter into a written agreement with a resident who receives Medicaid services if the licensee charges for storage of belongings that remain in the AFH for more than 15 calendar days after the resident has left the home. (a) The written agreement must be consistent with the licensee's policy with private-pay residents and entered into at the time of the resident's admission or at the time the resident becomes eligible for Medicaid services. (b) The licensee or administrator must give written notice to the resident and the resident's family or other representatives 30 calendar days before any increases, additions, or other modifications to the charges for storage. 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 62-2021, amend filed 12/27/2021, effective 01/01/2022 APD 19-2019, adopt filed 06/20/2019, effective 07/01/2019