justicedao/ipfs_state_laws huggingface dataset:
411-062-0020 Long-Term Care Capital Improvement and Emergency Preparedness Program (1) The Oregon Department of Human Services establishes the Long-Term Care Capital Improvement and Emergency Preparedness Program (LTCCIEP). (2) The purpose of the LTCCIEP program is to provide grants to eligible long-term care facilities to improve emergency preparedness, air quality, heating, ventilation, air conditioning, infectious disease prevention strategies, and technology to support virtual visitation. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0030 Application and Prior Authorization (1) Interested Long-Term Care Facilities must submit a prior authorization request for a grant on a form mandated by the Oregon Department of Human Services (ODHS). (2) The Department will reimburse facilities only when a prior authorization request was approved, in writing, by the Department. (3) The Department will consider each prior authorization request in the order of submission. A facility may submit only one request in each phase, as these phases are described in OAR 411-062-0050. Each prior authorization request may include more than one project. (4) The Department will consider prior authorization requests for any project initiated on or after July 1, 2021. Initiated means any substantive planning or initiation activities to start a project. (5) A prior authorization request must include information on how the project will mitigate the spread of viruses, avoid emergency evacuations, improve overall emergency preparedness, or increase resident’s health, safety, or ability to communicate during a public health emergency. The prior authorization request must demonstrate an unmet need that will be met through the project. (6) In accordance with the appropriation authorized by the Oregon legislature, the Department will cease prior authorization of all projects, regardless of phase, once $30 million in prior authorizations have been approved by the Department. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0040 Long Term Care Facility Prioritization (1) Priority 1 applicants include a long-term care facility, constructed prior to 1996, with the following Medicaid census percentages: (a) Nursing Facility Medicaid occupied census level of 50% or higher on June 30, 2021. (b) Community-Based Care Facility occupied census level of 40% or higher on June 30, 2021. (2) Priority 2 applicants include all long-term care facilities not meeting the criteria in (1). Priority within the Priority 2 group will be given to applicants who were enrolled as a Medicaid provider on June 30, 2021. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0050 Funding Phases (1) The Department will prior authorize projects in four phases. (2) Phase 1 consists of Priority 1 applicants requesting grants for Projects including improvements to emergency power sources, air quality, and HVAC systems. Applicants for Phase 1 must submit prior authorization requests between September 13, 2021 and February 28, 2022. (3) Phase 2 consists of Priority 2 applicants requesting grants for Projects including improvements to emergency power sources, air quality and HVAC system. Applicants for Phase 2 must submit prior authorization requests between January 1, 2022 and June 30, 2022. (4) Phase 3 consists of Priority 1 applicants requesting grants for Projects including infectious disease prevention, room configuration strategies, technology, and telehealth. Applicants for phase 3 must submit prior authorization requests between March 1, 2022 and August 31, 2022. (5) Phase 4 consists of Priority 2 applicants requesting grants for Projects including infectious disease prevention, room configuration strategies, technology, and telehealth. Applicants for phase 4 must submit prior authorization requests between May 1, 2022 and October 31, 2022. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0060 Maximum Reimbursement Amounts (1) The maximum reimbursement amount for Phase 1 is $1,500 per licensed bed per facility, up to a maximum of $100,000. (2) The maximum reimbursement amount for Phase 2 is $1,500 per licensed bed per facility, up to a maximum of $100,000. (3) The maximum reimbursement amount for Phase 3 is $20,000. (4) The maximum reimbursement amount for Phase 4 is $20,000. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0070 Approval and Payment (1) All prior authorization requests must be approved by the Department in writing to be eligible for reimbursement. The Department will notify facilities in writing if their Project is not approved. (2) Once work on a Project is completed, the facility must submit a request for reimbursement for the actual cost paid to complete the Project. A request for reimbursement submitted pursuant to this paragraph shall include receipts for actual costs. (3) The Department will reimburse actual costs, up to 110% of the prior authorized amount, subject to the maximum reimbursement amount described in OAR 411-062-0060. The Department will issue payment within thirty (30) days of receipt of a request for reimbursement submitted pursuant to this rule. (4) All requests for reimbursement must be received no later than June 30, 2024. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 56-2024, amend filed 07/23/2024, effective 07/25/2024 APD 5-2024, temporary amend filed 01/30/2024, effective 01/31/2024 through 07/28/2024 APD 7-2023, amend filed 06/05/2023, effective 06/15/2023 APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-062-0080 Oversight (1) All written prior authorization requests and requests for reimbursement are subject to audit at the discretion of the Department. (2) The Facility shall be notified in writing of any identified overpayment and of any adjustments to the request for payment. (3) Payment of any amounts due to the Department must be made within 60 business days of the date of notification to the Facility. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 3-2022, adopt filed 01/27/2022, effective 02/01/2022 APD 50-2021, temporary adopt filed 11/29/2021, effective 11/29/2021 through 03/05/2022 APD 33-2021, temporary adopt filed 09/03/2021, effective 09/07/2021 through 03/05/2022
411-063-0010 Definitions (1) “Commission or Council” means those official bodies identified in ORS 410.070, 410.595 and 410.602. (2) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. Statutory/Other Authority: ORS 292.495 & 410.070 Statutes/Other Implemented: ORS 292.495 & 410.070 History: APD 7-2022, adopt filed 03/01/2022, effective 03/10/2022 APD 37-2021, temporary adopt filed 09/19/2021, effective 09/24/2021 through 03/22/2022
411-063-0020 Per Diem Compensation (1) Subject to the availability of funds in the budget of the Commission or Council, and except as otherwise provided by law, the Oregon Department of Human Services Office of Aging and People with Disabilities shall pay any member of a Commission or Council, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official Commission or Council duties. (2) The rate of compensation per day pursuant to ORS 292.495(5) is equal to the per diem paid to members of the Legislative Assembly under ORS 171.072. (3) A member of a Commission or Council may decline to accept compensation related to the member’s service on the Commission or Council. (4) In order to receive compensation, a member must submit to the Oregon Department of Human Services Office of Aging and People with Disabilities a signed written request for compensation within 30 days of the meeting or work performed. The member must specify the date, name, type of meeting(s) or work, and the number of full or partial days the member spent performing official Commission or Council business. Statutory/Other Authority: ORS 292.495 & 410.070 Statutes/Other Implemented: ORS 171.072, 185.200, 292.495, 410.070, 410.320, 410.550 & 410.602 History: APD 7-2022, adopt filed 03/01/2022, effective 03/10/2022 APD 37-2021, temporary adopt filed 09/19/2021, effective 09/24/2021 through 03/22/2022
411-063-0030 Reimbursement of Travel and Other Expenses (1) Except as otherwise provided by law, the Oregon Department of Human Services Office of Aging and People with Disabilities may reimburse all members of Commissions and Councils, including those employed in full-time public service, for actual and necessary travel or other expenses actually incurred in the performance of their official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250. (2) Except as provided in subsection (5) of this section, and notwithstanding any other provision of law, the Oregon Department of Human Services Office of Aging and People with Disabilities shall provide reimbursement to a qualified member of the Commission or Council for actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250. (3) For the purposes of this rule, in order to be considered a qualified member, a member may attest by signature that they meet the conditions and income limits specified in 411-063-0010(2). (4) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Oregon Department of Human Services Office of Aging and People with Disabilities a travel expense claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses within 30 days following the day the member incurred the expense. (5) A member of a Commission or Council may decline to accept reimbursement of expenses related to the member’s service on the Commission or Council. Statutory/Other Authority: ORS 292.495 & 410.070 Statutes/Other Implemented: ORS 185.200, 292.210 - 292.250, 292.495, 410.070, 410.320, 410.550 & 410.602 History: APD 7-2022, adopt filed 03/01/2022, effective 03/10/2022 APD 37-2021, temporary adopt filed 09/19/2021, effective 09/24/2021 through 03/22/2022
411-063-0040 Reimbursement for Hiring a Substitute (1) As used in OAR 411-063-0030, “other expenses” includes expenses incurred by a member of the Commission or Council in employing a substitute to carry out duties, including personal duties, normally performed by the member, which the member is unable to carry out because of the performance of official duties and which, by the nature of such duties, cannot be delayed without risk to health or safety. (2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3). Statutory/Other Authority: ORS 292.495 & 410.070 Statutes/Other Implemented: ORS 185.200, 292.210 - 292.250, 292.495, 410.070, 410.320 & 410.550 History: APD 7-2022, adopt filed 03/01/2022, effective 03/10/2022 APD 37-2021, temporary adopt filed 09/19/2021, effective 09/24/2021 through 03/22/2022
411-064-0000 Purpose The purpose of these rules is to establish requirements for the administration and oversight of monies appropriated to the Oregon Department of Human Services (“Department”) from the Quality Care Fund (“Fund”) established under ORS 443.001. (1) The Fund consists of: (a) Monies deposited into the Fund from licensing fees and fines as specified under ORS 441.020, 441.745, 443.415, and 443.735. (b) Interest earned by the Fund. (2) Within this rule, the Fund is to be used for: (a) Training, technical assistance, quality improvement initiatives, and facility licensing activities that advance quality of care in accordance with rules and licensing requirements for Facilities, as defined in these rules, licensed by the Department’s Office of Aging and People with Disabilities. (b) Administering the Senior Emergency Medical Services Innovation Program for pilot projects that provide innovative strategies for addressing the emergency medical service needs of residents of: (A) A long term care facility as defined in ORS 442.015 and licensed under Oregon Administrative Rule chapter 411, divisions 85 to 89; or (B) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility, and licensed under Oregon Administrative Rule chapter 411, division 54. Statutory/Other Authority: ORS 441.020, 441.025, 441.615, 441.637, 441.745, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 Statutes/Other Implemented: ORS 441.020, 441.025, 441.055, 441.615, 441.637, 441.745, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 History: APD 8-2024, adopt filed 02/26/2024, effective 03/01/2024
411-064-0005 Definitions For the purpose of these rules, the following definitions apply: (1) “Aging and People with Disabilities (“APD”)” means the Office of Aging and People with Disabilities, within the Oregon Department of Human Services. (2) “Department” means the Oregon Department of Human Services (ODHS). (3) “Facility” means: (a) A long term care facility as defined in ORS 442.015 and licensed under Oregon Administrative Rule chapter 411, divisions 85 to 89. (b) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility, and licensed under Oregon Administrative Rule chapter 411, division 54. (c) An adult foster home as defined in ORS 443.705 and licensed under Oregon Administrative Rule chapter 411, divisions 49 to 52. (4) “Quality Care Fund (“Fund”)” means the fund established under ORS 443.001 and implemented according to these rules. (5) “Senior emergency medical services” means services provided by an emergency medical service provider, as defined by ORS 682.025, to residents of: (a) A long term care facility as defined in ORS 442.015 and licensed under Oregon Administrative Rule chapter 411, divisions 85 to 89. (b) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility, and licensed under Oregon Administrative Rule chapter 411, division 54. Statutory/Other Authority: ORS 410.070, 441.025, 441.615, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 Statutes/Other Implemented: ORS 410.070, 441.025, 441.055, 441.615, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 History: APD 67-2024, amend filed 12/05/2024, effective 12/10/2024 APD 27-2024, temporary amend filed 06/18/2024, effective 06/18/2024 through 12/14/2024 APD 8-2024, adopt filed 02/26/2024, effective 03/01/2024
411-064-0010 Fund Management The Department shall be responsible for Fund management and oversight. (1) The Department shall award funds through a formal solicitation process. (2) The Department shall publicly announce, at least one time per 12-month period, funding opportunities using multiple standard communication channels, including but not limited to publicly posting on the Department website and the state’s procurement system. Each announcement will include: (a) Instructions for submitting proposals. (b) Pertinent dates regarding the process and funding decisions. (c) Application requirements. (d) Evaluation criteria focused on benefiting residents and advancing quality care, as described in section (2) of OAR 411-064-0000. (3) The Department shall not review any funding proposals that are submitted outside of an announced solicitation cycle. Applicants will be instructed to resubmit their proposal during the next applicable funding cycle. (4) Application requirements and submission instructions will be announced at least sixty (60) calendar days before any submission due date. (5) Proposals will be evaluated by APD staff or persons with relevant expertise designated by APD. Statutory/Other Authority: ORS 441.025, 441.615, 441.630, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 History: APD 67-2024, amend filed 12/05/2024, effective 12/10/2024 APD 27-2024, temporary amend filed 06/18/2024, effective 06/18/2024 through 12/14/2024 APD 8-2024, adopt filed 02/26/2024, effective 03/01/2024
411-064-0013 Department Identified Projects (1) The Department may at its discretion identify key priority areas based on review of the regulatory environment in long term care settings. The Department may request proposals focused on identified priority areas that improve resident quality of care and safety or enhance the dignity, independence, individuality, personal choice and autonomy of residents. Proposed projects must meet the criteria of paragraph (2) of OAR 411- 064-0000. (2) The Department will issue a solicitation for projects addressing the identified priority area(s). The Department shall publicly announce funding opportunities using multiple standard communication channels, including but not limited to publicly posting on the Department website and the state’s procurement system. Each announcement will include: (a) Instructions for submitting proposals. (b) Pertinent dates regarding the process and funding decisions. (c) Application requirements. (d) Evaluation criteria focused on benefiting residents and advancing quality care, as described in section (2) of OAR 411-064-0000. Statutory/Other Authority: ORS 410.070, 441.025, 441.615, 441.637, 442.015, 443.001, 443.400-443.455, 443.705-443.785 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.025, 441.055, 441.615, 441.630, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 History: APD 67-2024, adopt filed 12/05/2024, effective 12/10/2024 APD 27-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
411-064-0015 Senior Emergency Medical Services Pilot Projects (1) The Department shall provide funding and monitor local public sector pilot projects that: (a) Provide innovative strategies for addressing the emergency medical services needs of this state’s increasing number of aging residents who receive care and services in residential and long term care facilities. (b) Encourage the efficient and appropriate use of senior emergency medical services. (c) Reduce the overall costs of senior emergency medical services while promoting quality emergency medical services. (d) Encourage unique community-based responses to challenges faced by local communities in meeting their residents’ needs for senior emergency medical services. (2) Specific criteria for pilot projects will be outlined in the funding solicitation. The Senior Emergency Medical Services Advisory Council (Council) shall advise and make recommendations to the Department concerning minimum standards and data reporting requirements for the pilot projects funded. (3) The Department, with advice and recommendations from the Council, will negotiate with the successful applicants concerning required timelines, measurables and reporting requirements to be developed upon execution of the Grant Agreement. Statutory/Other Authority: ORS 410.070, 441.025, 441.615, 441.637, 442.015, 443.001, 443.400-443.455, 443.886 & 682.025 Statutes/Other Implemented: ORS 410.070, 441.025, 441.055, 441.615, 443.001, 443.400-443.455, 443.886, 682.015 & 682.025 History: APD 67-2024, adopt filed 12/05/2024, effective 12/10/2024 APD 27-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
411-064-0020 Fund Distribution (1) The Department shall apply evaluation criteria stated in the formal solicitation requirements to approve or deny any proposal. (2) The Department will notify all applicants, in writing, concerning whether a proposal is approved, in need of additional information, or not approved. (3) Notification regarding proposals that are not approved will include an overview of the reasons for which the application did not receive approval. ( 4 ) The Department will only authorize awards from the Fund to the extent that funds are available as specified by the Oregon State Treasury. Statutory/Other Authority: ORS 441.025, 441.615, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 History: APD 8-2024, adopt filed 02/26/2024, effective 03/01/2024
411-064-0030 Fund Accounting and Oversight (1) Entities that receive funding are required to account for and report use of Fund monies using the method and forms specified by the Department. (2) Records related to funded projects, project evaluation, and Fund spending must be retained by Fund recipients for a period of six years following the last payment for an approved project. (3) All payments authorized or issued under the Fund are subject to audit at the discretion of the Department. (4) The Department may seek financial or legal action against persons or entities which have misused Fund monies or provided false information during the solicitation process, implementation, or reporting phase of projects financed by the Fund. Legal actions may include but are not limited to withholding of payments or further disbursements, initiating a civil action, and exercising civil remedies available to recover Fund payments, and referring the matter for criminal prosecution. Statutory/Other Authority: ORS 441.025, 441.615, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.637, 443.001, 443.400-443.455, 443.705-443.785, 443.886 & 682.025 History: APD 67-2024, amend filed 12/05/2024, effective 12/10/2024 APD 27-2024, temporary amend filed 06/18/2024, effective 06/18/2024 through 12/14/2024 APD 8-2024, adopt filed 02/26/2024, effective 03/01/2024