reglab/housing_qa huggingface dataset:
OR Rev Stat § 443.739 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.739 - Rights of residents.

Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy of the Residents’ Bill of Rights in the entry or other equally prominent place in the adult foster home. The Residents’ Bill of Rights states that each resident of an adult foster home has the right to: (1) Be treated as an adult, with respect and dignity. (2) Be informed of all resident rights and all house rules. (3) Be encouraged and assisted to exercise legal rights, including the right to vote. (4) Be informed of the resident’s medical condition and the right to consent to or refuse treatment. (5) Receive appropriate care and services, and prompt medical care as needed. (6) A safe and secure environment. (7) Be free from mental and physical abuse. (8) Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner. (9) Complete privacy when receiving treatment or personal care. (10) Associate and communicate privately with any person the resident chooses. (11) Send and receive personal mail unopened. (12) Participate in activities of social, religious and community groups. (13) Have medical and personal information kept confidential. (14) Keep and use a reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space. (15) Manage the resident’s own money and financial affairs unless legally restricted. (16) Be free from financial exploitation. The provider may not charge or ask for application fees or nonrefundable deposits and may not solicit, accept or receive money or property from a resident other than the amount agreed to for services. (17) A written agreement regarding the services to be provided and the rate schedule to be charged. The provider must give 30 days’ written notice before any change in the rates or the ownership of the home. (18) Not to be transferred or moved out of the adult foster home without 30 days’ advance written notice and an opportunity for a hearing. A provider may transfer or discharge a resident only for medical reasons including a medical emergency described in ORS 443.738 (11)(b), or for the welfare of the resident or other residents, or for nonpayment. (19) Be free of discrimination in regard to race, color, religion, sex, sexual orientation, gender identity or national origin. (20) Make suggestions and complaints without fear of retaliation. [1991 c.960 §11; 1995 c.667 §12; 2003 c.14 §261; 2007 c.100 §27; 2021 c.367 §26]
OR Rev Stat § 443.740 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.740 - Information on licensed adult foster homes; availability; content.

(1) The licensing agency shall maintain current information on all licensed adult foster homes and shall make that information available, with the exception of information exempt from public disclosure under ORS 192.345, to prospective residents and other interested members of the public at local offices or area agencies on aging licensing offices throughout the state. (2) The information shall include: (a) The location of the adult foster home; (b) A brief description of the physical characteristics of the home; (c) The name and mailing address of the provider; (d) The license classification of the home and the date the provider was first licensed to operate that home; (e) The date of the last inspection, the name and telephone number of the office that performed the inspection and a summary of the findings; (f) Copies of all complaint investigations involving the home, together with the findings of the licensing agency, the actions taken by the agency and the outcome of the complaint investigation; (g) An explanation of the terms used in the investigation report; (h) Any license conditions, suspensions, denials, revocations, civil penalties, exceptions or other actions taken by the licensing agency involving the home; and (i) Whether care is provided primarily by the licensed provider, a resident manager or other arrangement. (3) Any list of adult foster homes maintained or distributed by the licensing agency or a local licensing office shall include notification to the reader of the availability of public records concerning the homes. [1995 c.667 §17; 1997 c.741 §1; 2001 c.447 §3; 2003 c.14 §262; 2009 c.595 §791h; 2021 c.318 §3] Note: See note under 443.730.
OR Rev Stat § 443.742 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.742 - Annual continuing education requirements; rules.

(1) The licensing agency shall require all providers and resident managers to complete annually 12 hours of continuing education approved by the agency, related to: (a) Care of the elderly and persons with disabilities; and (b) Business operations of adult foster homes. (2) Providers and resident managers may not fulfill the continuing education requirements described in subsection (1) of this section with more than four hours of continuing education related to the business operations of adult foster homes. (3) The licensing agency may, by rule, establish continuing education requirements for caregivers who are not providers. [2005 c.226 §3; 2009 c.595 §791i] Note: 443.742 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.743 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.743 - Training in dementia care.

(1) As used in this section, "caregiver" means an individual who is responsible for providing care and services to residents of an adult foster home, including but not limited to a caregiver and a substitute caregiver. (2) In addition to any other training required by law, all caregivers in an adult foster home licensed to serve older adults and persons with physical disabilities by the Department of Human Services shall, prior to providing direct care to residents of the adult foster home, complete training in dementia care that includes: (a) Education on the dementia disease process, including the progression of the disease, memory loss, psychiatric and behavioral symptoms; (b) Techniques for understanding and managing behavioral symptoms, including but not limited to reducing the use of antipsychotic medications for nonstandard uses; (c) Strategies for addressing the social needs of persons with dementia and providing them with meaningful activities; and (d) Information on addressing specific aspects of dementia care and ensuring the safety of residents with dementia, including but not limited to how to: (A) Address pain; (B) Provide food and fluids; (C) Prevent wandering and elopement; and (D) Use a person-centered approach. (3) All training related to dementia care provided to caregivers in an adult foster home licensed by the department must reflect current standards for dementia care and be informed by the best evidence in the care and treatment of persons with dementia. [2017 c.679 §30] Note: 443.743 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.745 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.745 - Denial, suspension or revocation; conditional license; review.

(1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following: (a) There exists a threat to the health, safety or welfare of any resident. (b) There is reliable evidence of abuse, neglect or exploitation of any resident. (c) The facility is not operated in compliance with ORS 443.705 to 443.825 or the rules adopted thereunder. (d) Such other circumstances as may be established by the licensing agency by rule. (2) Conditions attached to a license shall be effective upon order of the director of the licensing agency. (3) Suspension or revocation of a license authorized by this section for any reason other than abuse, neglect or exploitation of the resident shall be preceded by a hearing under ORS chapter 183 if requested by the provider. (4) If the license is suspended or revoked for the reason of abuse, neglect or exploitation of a resident, the provider may request a review in writing within 10 days after notice of the suspension or revocation. If a request is made, the director shall review all material relating to the allegation of abuse, neglect or exploitation and to the suspension or revocation within 10 days of the request. The director shall determine, based on review of the material, whether or not to sustain the decision to suspend or revoke. If the director determines not to sustain the decision, the license shall be restored immediately. The decision of the director is subject to judicial review as a contested case under ORS chapter 183. (5) In the event the license to maintain an adult foster home is ordered suspended or revoked, the licensing agency may withhold service payments until the defective situation is corrected. For protection of residents, the licensing agency may arrange for them to move. (6) A provider whose license has been revoked or whose application has been denied shall not be permitted to make a new application for one year from the date the revocation or denial is final, or for a longer period specified in the order revoking or denying the license. (7) The licensing agency shall deny the application or revoke the license of any person who falsely represents that the person has not been convicted of a crime. [1983 c.629 §5; 1985 c.663 §5; 1987 c.431 §1; 1995 c.667 §13; 2009 c.595 §791j]
OR Rev Stat § 443.755 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.755 - Entry and inspection of homes; access to residents; inspection report; fire inspection.

(1) The licensing agency staff shall be permitted access to enter and inspect all licensed adult foster homes. The licensing agency shall be permitted access to enter and inspect any unlicensed adult foster home upon the receipt of an oral or written complaint, or in case the agency itself has cause to believe that an adult foster home is operating without a license or there exists a threat to the health, safety or welfare of any resident. The licensing agency staff shall be permitted access to the residents of adult foster homes in order to interview residents privately and to inspect residents’ records. (2) The state or local fire inspectors shall be permitted access to enter and inspect adult foster homes regarding fire safety upon request of the licensing agency. (3)(a) The licensing agency shall provide to each licensed adult foster home in the state in writing in clear concise language readily comprehensible by the average person a copy of the inspection report of the most recent inspection of that home conducted by the agency. (b) The provider shall post the inspection report in the entry or equally prominent place and shall, upon request, provide a copy of the information to each resident of, or person applying for admission to, the home, or the legal representative, guardian or conservator of the resident or applicant. [1983 c.629 §6; 1985 c.663 §6; 1991 c.960 §6; 2009 c.595 §791k]
OR Rev Stat § 443.762 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.762 - Information provided upon admission.

(1) As used in this section, "adult foster home" means an adult foster home that is licensed to provide residential care to older adults or people with physical disabilities. (2) Upon the admission of a resident to an adult foster home, the adult foster home shall provide the resident with information developed by the Long Term Care Ombudsman describing the availability and services of the ombudsman. [2019 c.117 §6] Note: 443.762 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.766 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.766 - Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited.

(1) An adult foster home may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a resident in the adult foster home, violations of licensing or certification requirements, criminal activity at the adult foster home, violations of state or federal laws or any practice that threatens the health and safety of a resident in the adult foster home to: (a) The Long Term Care Ombudsman, the Residential Facilities Ombudsman, the Department of Human Services, a law enforcement agency or other entity with legal or regulatory authority over the adult foster home; or (b) A family member, guardian, friend or other person who is acting on behalf of the resident. (2) An adult foster home interferes with the disclosure of the information described in subsection (1) of this section by: (a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; (b) Training an employee or volunteer not to disclose the information; or (c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information. (3) The licensing agency may revoke or suspend the license of an adult foster home that is found to have violated subsection (1) of this section. (4) The licensing agency shall adopt rules to carry out the provisions of this section. (5) This section does not authorize the disclosure of protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 §6] Note: 443.766 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.769 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.769 - Public disclosure of investigatory information.

(1) When the Department of Human Services or a type B area agency on aging discloses a file, form or report to the public pursuant to ORS 443.740, 443.765 or 443.767, the department or agency may not disclose information about residents that is protected from disclosure by state or federal law or information that is described in subsection (2) of this section unless the resident has provided a written authorization for disclosure of the information. (2) This section applies to: (a) The name of a resident and to demographic or other information that can be used to identify a resident. (b) Any health information that relates to: (A) The past, present or future physical or mental health or condition of a resident; (B) The provision of health care to a resident; or (C) The past, present or future payment for the provision of health care to a resident. (3) As used in this section, "resident" means an individual receiving care in an adult foster home. [2009 c.44 §1] Note: 443.769 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.777 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.777 - Prescription drug packaging.

(1) An adult foster home licensed by the Department of Human Services shall ensure that prescription drugs dispensed to residents of the adult foster home are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs. (2) Subsection (1) of this section does not apply to residents receiving pharmacy benefits through the United States Department of Veterans Affairs if the pharmacy benefits do not reimburse the cost of such packaging. [2017 c.679 §31] Note: 443.777 was added to and made a part of 443.705 to 443.825 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.780 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.780 - Exemption where county has licensing and inspection program.

(1) The director of the licensing agency may exempt from the license, inspection and fee provisions of ORS 443.705 to 443.825 adult foster homes in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds are equal to or superior to the requirements of ORS 443.705 to 443.825. (2) ORS 443.775 (5) applies regardless of any exceptions granted to a county agency. [1985 c.663 §11; 1995 c.667 §19; 2009 c.595 §791p]
OR Rev Stat § 443.785 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.785 - Admission of Medicaid recipients.

The licensing agency may not require an adult foster home that elects to provide care for a Medicaid recipient to admit an additional Medicaid resident under a contract with the agency. [1999 c.204 §2; 2009 c.595 §791q]
OR Rev Stat § 443.790 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.790 - Authority to impose civil penalty; factors to be considered; rules.

(1) In addition to any other liability or penalty provided by law, the director of the licensing agency may impose a civil penalty on a person for any of the following: (a) Violation of any of the terms or conditions of a license issued under ORS 443.735. (b) Violation of any rule or general order of the licensing agency that pertains to a facility. (c) Violation of any final order of the director that pertains specifically to the facility owned or operated by the person incurring the penalty. (d) Violation of ORS 443.745 or of rules required to be adopted under ORS 443.775. (e) Violation of the requirement to have a license under ORS 443.725 (1). (2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any adult foster home for falsifying resident or facility records or causing another to do so. (3) The director shall impose a civil penalty of $250 on a provider who violates ORS 443.725 (3). (4) The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a provider who admits a resident knowing that the resident’s care needs exceed the license classification of the provider if the admission places the resident or other residents at grave risk of harm. (5)(a) In every case other than those involving the health, safety or welfare of a resident, the director shall prescribe a reasonable time for elimination of a violation but except as provided in paragraph (b) of this subsection shall not prescribe a period to exceed 30 days after notice of the violation. (b) The director may approve a reasonable amount of time in excess of 30 days if correction of the violation within 30 days is determined to be impossible. (6) In imposing a civil penalty, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules or orders pertaining to facilities. (c) The economic and financial conditions of the person incurring the penalty. (d) The immediacy and extent to which the violation threatens or threatened the health, safety or welfare of one or more residents. (7) The licensing agency shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under this section. [1987 c.431 §§4,6; 1991 c.413 §6; 1991 c.960 §10; 1995 c.667 §15; 2009 c.595 §791r; 2009 c.837 §34; 2011 c.37 §1]
OR Rev Stat § 443.795 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.795 - Civil penalty; notice; hearing.

(1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the director of the licensing agency. (3) The licensing agency shall conduct the hearing and issue the final order within 180 days after any hearing request. [1987 c.431 §5; 1991 c.734 §25; 1991 c.960 §12; 2003 c.14 §263; 2009 c.595 §791s]
OR Rev Stat § 443.815 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.815 - Judicial review of penalties.

Judicial review of civil penalties imposed under ORS 443.790 shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1987 c.431 §8]
OR Rev Stat § 443.825 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.825 - Disposition of penalties recovered.

All penalties recovered under ORS 443.790 to 443.815 shall be deposited: (1) In the Quality Care Fund established in ORS 443.001 if paid by an adult foster home licensed to provide residential care to persons with physical disabilities. (2) In the Long Term Care Ombudsman Account established in ORS 441.419 if paid by an adult foster home licensed to provide care to persons with mental illness or developmental disabilities. [1987 c.431 §9; 2009 c.837 §35; 2013 c.717 §16]