justicedao/ipfs_state_laws huggingface dataset:
411-073-0100 Temporary Management (1) When Imposed. The Division may appoint a temporary manager to oversee facility operation: (a) When there is one or more deficiencies constituting an immediate jeopardy or when there are widespread deficiencies constituting actual harm; or (b) In any other situation under which a category 3 remedy is required or optional in Exhibit 1. (2) Required Action. (a) Manager Authority/Responsibility. A temporary manager shall have authority to hire, terminate or reassign staff; obligate facility funds; alter facility procedures; and manage the facility in a manner to correct deficiencies identified. (b) Manager Qualifications. A temporary manager shall: (A) Have experience and education needed to oversee the correction of deficiencies, as determined by the Division; (B) Not have been found guilty of misconduct by the Board of Examiners of Nursing Home Administrators or any other professional society or licensing board; (C) Not, nor a member of his/her immediate family, have any financial ownership interest in the facility; and (D) Not be or have been an employee of the facility within the past two years. (c) Payment of Salary. The temporary manager’s salary: (A) Is paid directly by the facility while the manager is assigned to the facility; (B) Must be at least equivalent to the sum of the following: (i) Prevailing salary paid by facilities for positions of this type in what the Division considers to be the facility’s geographic area; (ii) Additional costs that would have reasonably been incurred by the facility if such a person had been in an employment relationship; and (iii) Any other costs incurred by such a person in furnishing services under such an arrangement or as otherwise set by the Division; and (C) May exceed the amount provided for in paragraph (2)(c)(B) of this rule if the Division is otherwise not able to find a qualified temporary manager. (d) Failure to Relinquish Control or Pay Manager. If the facility fails to relinquish control to a temporary manager or make timely payment of a manager’s salary as determined by the Division, the Division shall terminate its Provider Agreement within 23 calendar days from the survey exit date or within seven days of the determination of failure to relinquish control, whichever is earlier. If immediate jeopardy is removed prior to termination of the Provider Agreement, as determined by the Division, the Division may withdraw termination action. (e) Failure to Correct. If the temporary manager does not correct immediate jeopardy within 23 days of the survey exit date, the Provider Agreement shall be terminated. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95
411-073-0110 Termination of Provider Agreement/Resident Transfer (1) When Imposed. The Division may terminate the Provider Agreement and/or transfer residents: (a) When there is immediate jeopardy, when the facility closes, or during an emergency; (b) When the facility is not in substantial compliance with requirements of participation, regardless of whether or not immediate jeopardy is present; (c) When the facility fails to submit an acceptable Plan of Correction within the time frame specified by the Division; (d) When the facility fails to relinquish control to a temporary manager appointed by the Division; (e) When the facility fails to provide a timely and adequate allegation of compliance required by federal rules governing the survey process; or (f) In any other situation under which a category 1, 2 or 3 remedy is allowed in Exhibit 1. (2) Required Action. (a) Transfer. The Division may transfer Medicaid and Medicare residents when required to protect resident health and safety. The Division shall attempt to minimize stress related to such a transfer by involving the resident and, if appropriate, the resident’s family and friends to the greatest extent feasible. (b) Provider Agreement. (A) The Division shall terminate the Provider Agreement if it determines no feasible alternative to termination exists. (B) When a Provider Agreement is terminated the Division shall provide for the safe and orderly transfer of residents. (C) The Division shall terminate the Provider Agreement within 23 days of the survey exit date unless immediate jeopardy is removed, regardless of any other remedies imposed. (D) If there is no immediate jeopardy, the Division may allow the facility to continue to participate for up to 6 months from the survey exit date if: (i) The Division concludes it is more appropriate to impose alternative remedies than to terminate the Provider Agreement; (ii) The facility’s Plan of Correction is approved by HCFA; and (iii) The facility agrees to repay the Division (or the federal government, as appropriate) all payments made to the facility following the survey which identified the deficiencies. Such repayment shall be requested by the Division if the Division determines that the facility failed to implement their Plan of Correction. (E) The Division may deny payment for new Medicaid admissions if the facility is not in substantial compliance three months after the last day of the survey. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95
411-073-0120 Notice of Remedy, Excluding Civil Money Penalties (1) Notice Time Frame. This rule sets forth the notice requirements for remedies other than civil money penalties. The notice requirements for civil money penalties are set forth in OAR 411-073-0140. (a) No Notice Required. Prior notice is not required when state monitoring is imposed pursuant to OAR 411-073-0070. (b) Two Day Notice/Immediate Jeopardy. (A) Provider Agreement. If there is immediate jeopardy, the facility and the public shall receive at least 2 calendar days prior written notice of Termination of Provider Agreement. This remedy shall be effective within 23 days of the survey exit date unless the immediate jeopardy is removed. (B) Other Remedies. The Division may issue any other remedy(s) provided for under these rules with two calendar days prior written notice if there is immediate jeopardy. The remedy(s) shall be effective no later than 20 days after the mailing of the notice, unless otherwise provided by OAR 411-073-0130. (c) Fifteen Day Notice. If remedies are proposed but there is no immediate jeopardy, at least 15 calendar days prior written notice shall be provided. (2) Contents. When the Division issues a notice of remedy(s), the notice shall include: (a) The nature of the noncompliance; (b) Which remedy(s) is imposed; (c) The effective date of the remedy(s); and (d) The right to appeal the finding(s) of noncompliance upon which the remedy is based. (3) Distribution. In addition to the facility, the Division shall notify: (a) HCFA, if there is immediate jeopardy; (b) The Long Term Care Ombudsman; (c) The Board of Examiners of Nursing Home Administrators if the immediate jeopardy involves substandard care; (d) Attending physicians if the immediate jeopardy involves substandard care; and (e) The Department of Justice. (4) Facility Response. Within ten work days of receiving a notice of remedy(s), the facility shall provide the following information: (a) The name of each resident of the facility with respect to which the findings of deficiency were made; and (b) The name and address of the attending physician for each such resident. (5) Failure To Disclose Information. If a facility fails to provide information required under section (4) of this rule, the Division may terminate the facility’s Provider Agreement or impose other remedies as appropriate. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95
411-073-0140 Dispute Resolution (1) Informal Dispute Resolution. Upon receipt of a Statement of Deficiencies, the facility shall be provided an opportunity to dispute the Division’s survey findings. (a) If a facility wishes an informal conference to dispute the Division’s survey findings, the facility shall advise the Division in writing within ten calendar days after receipt of the Statement of Deficiencies. (b) The facility may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed. (c) If a facility is successful in demonstrating the deficiencies should not have been cited, the Division shall reissue the Statement of Deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. The reissued Statement of Deficiencies shall state that it supersedes the previous Statement of Deficiencies, and shall clearly identify the date of the superseded Statement of Deficiencies. (2) Formal Hearing. (a) A facility subjected to a remedy pursuant to OAR 411, division 73, excluding OAR 411-073-0070 (state monitoring), shall be entitled to a contested case hearing in accordance with ORS Chapter 183 and OAR 137. (b) If a facility wishes a formal hearing, a written request must be received by the Division within 10 calendar days of the informal dispute resolution decision (if applicable) or within 60 days of the notice of remedy or notice of intent to impose a civil money penalty, whichever is later. (c) The facility may not seek a delay of any enforcement action against it on the grounds the formal hearing has not been completed. If a facility is successful in demonstrating the deficiencies should not have been cited, the Division shall reissue the Statement of Deficiencies, removing such deficiencies and rescinding or modifying any remedies for such deficiencies. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95
411-073-0150 Change of Ownership (1) A facility may not avoid a remedy on the basis it underwent a change of ownership. (2) If a facility has undergone a change of ownership the Division will not restart the count of repeated substandard quality of care surveys unless the new owner can demonstrate to the satisfaction of the Division that the poor past performance is no longer a factor. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SSD 11-1995, f. 9-29-95, cert. ef. 10-1-95
411-085-0000 Statement of Purpose The purpose of these rules (OAR 411, divisions 85–89) is to establish requirements for nursing facilities that promote quality care and maximization of personal choice and independence for residents. Whenever possible, care shall be directed toward returning the resident to his/her own residence or to the least restrictive alternative environment within the shortest time possible. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055 & 441.615 History: SPD 26-2004, f. 7-30-04, cert.ef. 8-1-04 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-085-0020 License Fees, Special Assessment (1) LICENSE APPLICATION FEES. (a) License application fees may not be prorated for a partial year. The amount of the application fee or annual license renewal fee is paid according to number of beds, as established in Or Laws 2017, ch 679, §11: (A) For 1 to 15 beds: application fee shall be $2,000 and the annual renewal fee shall be $1,000. (B) For 16 to 49 beds: application fee shall be $3,000 and the annual renewal fee shall be $1,500. (C) For 50 to 99 beds: application fee shall be $4,000 and the annual renewal fee shall be $2,000. (D) For 100 to 150 beds: application fee shall be $5,000 and the annual renewal fee shall be $2,500. (E) For more than 150 beds: application fee shall be $6,000 and the annual renewal fee shall be $3,000. (b) All monies received from application and renewal fees shall be paid to the State Treasury to the credit of the Department, as required by Or Laws 2017, ch 679, §11(4)(b). (2) SPECIAL TRUST FUND ASSESSMENT. (a) Whenever the Department determines that the balance in the Facility Fund created by Oregon statute is less than the amount established by the statute, a special assessment is levied against all licensees. The special assessment shall be pro-rated (based upon the annual fee of the licensee) in order to result in collection of an amount that shall result in a Facility Fund balance of no more than the amount set by the statute. In no event may the special assessment be greater than the annual license fee. The special assessment may be levied only once each calendar year. (b) Monies are disbursed from the Facility Fund in accordance with ORS 441.277 to 441.323. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.020, 441.055, 441.303 & 441.615 History: APD 15-2018, amend filed 06/27/2018, effective 06/29/2018 APD 36-2017, temporary amend filed 12/31/2017, effective 01/01/2018 through 06/29/2018 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 SPD 19-2009, f. 12-23-09, cert. ef. 1-1-10 SPD 26-2004, f. 7-30-04, cert. ef. 8-1-04 SDSD 13-1999, f. 12-30-99, cert. ef. 1-1-00 SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-085-0030 Required Postings (1) PUBLIC NOTICES: (a) Content. Public notices required to be posted include: (A) The most recent licensing and, if applicable, certification survey reports; (B) The placard provided by the Department that includes information on reporting of abuse and summarizes the nursing facility rules. In addition to the location specified in subsection (1)(b) of this rule, this placard must also be prominently and conspicuously posted in close proximity to each nursing station and in any area where residents are admitted; (C) The current week's menu and activities schedule; (D) The facility license and the administrator's license. (It is recommended the titles and names of the administrator, the DNS, the Social Services Director, the Activities Director, the Dietary Services Supervisor and the RN Care Manager(s) are also posted); (E) Waivers received from the Department pursuant to OAR 411-085-0040 and 411-087-0030, and waivers of any federal regulations; (F) The LGBTQIA2S+ Protections, as described in OAR 411-085-0310(21); (G) The facility’s non-discrimination policy notice, as described in OAR 411-085-0210(1)(w); and (H) Any other notice relevant to residents or visitors required by state or federal law. (b) Location. The facility shall designate a specific area where notices listed in subsection (1)(a) of this rule must be posted. The location shall be in an area that: (A) Is routinely accessible and conspicuous to residents and visitors, including those in wheelchairs; and (B) Provides sufficient space for prominent, conspicuous display of each notice. (2) NOTICES FOR STAFF. The facility must post the names of registered nurses as required by OAR 411-086-0020 and any physician available for emergencies as required by OAR 411-086-0200 at each nursing station. Statutory/Other Authority: ORS 410.070, 441.055 & 441.122 Statutes/Other Implemented: ORS 441.055, 441.067, 441.112 & 441.615 History: APD 57-2024, amend filed 09/23/2024, effective 09/25/2024 APD 16-2024, temporary amend filed 03/29/2024, effective 04/01/2024 through 09/27/2024 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 26-2004, f. 7-30-04, cert. ef. 8-1-04 SSD 8-1993, f. & cert. ef. 10-1-93 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-085-0040 Alternative Methods, Waivers (1) APPLICATION. While all nursing facilities are required to maintain compliance with the Department's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications, or the conducting of pilot projects or research. Requests for waivers to the rules must: (a) Be submitted to the Department in writing; (b) Identify the specific rule for which a waiver is requested; (c) Describe the special circumstances relied upon to justify the waiver; (d) Describe what alternatives were considered, if any, and why alternatives (including compliance) were not selected; (e) Demonstrate the proposed waiver is desirable to maintain or improve the quality of care for the residents, maintains or improves resident potential for self-direction and self-care, and is not going to jeopardize resident health and safety; and (f) Identify the proposed duration of the waiver. (2) APPROVAL PERIOD. Upon finding that the licensee has satisfied the conditions of this rule, the Department may grant a waiver for a specified period of time, not to exceed a period of three years. (3) REVOCATION. The Department may revoke any waiver or variance issued by the Department immediately upon finding that the facility's operation under the waiver or variance has endangered, or if continued may endanger, the health or safety of one or more residents. (4) IMPLEMENTATION. The facility may implement a waiver only after written approval from the Department. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055 & 441.615 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 26-2004, f. 7-30-04, cert. ef. 8-1-04 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-085-0050 Hospital-Based Nursing Facilities Facilities that are physically connected to and operated by a licensed general hospital will be considered to be in compliance with the following Oregon nursing facility requirements: (1) Requirements for policies, procedures and quality assurance programs if such policies, procedures and programs exist for both hospital and nursing facility. (2) Requirements for full-time staff positions, departments and committees if the hospital has similar positions/departments/committees that address needs in the nursing facility. (3) Requirements for a drug room or pharmacy if the hospital has a pharmacy or drug room available to the nursing facility 24 hours per day. (4) Rules requiring specific training for the DNS and the RN Care Manager until January 1, 1990. (5) Requirements that the administrator be full-time in the nursing facility if the nursing facility has 40 or fewer licensed beds. The administrator, however, must work full-time, based on time spent on both the hospital and nursing facility responsibilities, and must be available to nursing facility staff on a full-time basis. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055 & 441.615 History: SPD 26-2004, f. 7-30-04, cert. ef. 8-1-04 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90 SSD 14-1988, f. 12-30-88, cert. ef. 1-1-89
411-085-0060 Specialty Nursing Facilities (1) APPLICATION. Facilities that have successfully obtained from the Oregon Health Authority a certificate of need for "specialty long-term care beds" pursuant to OAR 333-610 must make application to the Department for licensure as a "Specialty Nursing Facility" in accordance with OAR 411-085-0010. (2) ISSUANCE OF LICENSE. Licenses shall only be issued to a Specialty Nursing Facility after written notification from the Oregon Health Authority that the facility is eligible for such licensure. The license issued shall state "Specialty Nursing Facility" and shall identify the type of residents and specialized services the facility is authorized to admit and retain. (3) COMPLIANCE WITH RULES. Specialty Nursing Facilities are required to meet all Oregon Administrative Rules that apply to Nursing Facilities. (4) ADMISSIONS. Facilities and distinct parts of facilities licensed as Specialty Nursing Facilities must only admit and provide services for residents consistent with the Certificate of Need issued by the Oregon Health Authority. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055 & 441.615 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 26-2004, f. 7-30-04, cert. ef. 8-1-04 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90
411-085-0200 Licensee, Employees, Consultants (1) LICENSEE. The licensee will be responsible for the operation of the facility and the quality of care rendered in the facility. (2) EMPLOYEES. (a) Licensure, Registration, Certification Required. All health care personnel working in the facility must be licensed, registered, or certified as required. Documentation thereof is required for all such employees. (b) Reference Check. The licensee must check and document references for all prospective employees prior to employment. (c) Job Description. All employees' duties must be defined in writing and maintained in the facility. All employees must be instructed in and perform the duties assigned. (d) Nursing Personnel. Before employing a registered nurse, licensed practical nurse or nursing assistant, the licensee must contact the Oregon State Board of Nursing and inquire whether the person is licensed or certified by the Board and whether there has been any disciplinary action by the Board against the person or any substantiated abuse findings against a nursing assistant. (e) The licensee must assure a criminal history check is completed on all employees, in accordance with OAR chapter 407, division 007, (Criminal History Checks). A licensee must not employ any individual who is determined to be ineligible to provide services as outlined in OAR chapter 407, division 007. (3) PROHIBITION OF EMPLOYMENT. The facility must not employ or retain in employment any of the following: (a) Any person found responsible for abusing, neglecting or mistreating a person receiving long-term care services in a final administrative action that is not under appeal or in a court of law; (b) Any nursing assistant against whom a finding of resident abuse has been entered into the registry maintained under ORS 678.150; or (c) Any person who is known or reasonably should be known to the facility to be abusive or to have been abusive. (4) CONSULTANTS. When consultants are required, a facility will require consultants to file written reports at least quarterly. These reports must include date(s) of visit(s), length of time spent on premises, action taken on previous reports, problems identified, recommendations, staff members contacted, services performed, distribution of reports, and date mailed or delivered. The facility must maintain these quarterly reports in the facility. Statutory/Other Authority: ORS 410.070 & 441.055 Statutes/Other Implemented: ORS 441.055, 441.637 & 441.679 History: SPD 3-2008, f. & cert. ef. 3-6-08 SPD 26-2004, f. 7-30-04, cert. ef. 8-1-04 SSD 1-1995, f. 1-30-95, cert. ef. 2-1-95 SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90