reglab/housing_qa huggingface dataset:
OR Rev Stat § 443.388 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.388 - Authority of ombudsman and designees; confidentiality agreements.

(1) The Residential Facilities Ombudsman and each designee shall: (a) Have private and unimpeded access to residential facilities and residents at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: (A) Investigating and resolving complaints made by or on behalf of residents, including by subpoenaing any person to appear and give sworn testimony or to produce documentary or other evidence that is reasonably material to the matter under investigation; (B) Offering the services of the ombudsman or the designee to any resident, in private; (C) Interviewing residents, with their consent, in private; (D) Interviewing employees or agents of the facility; (E) Consulting regularly with the facility administration; and (F) Providing other services authorized by law or by rule. (b) Notwithstanding ORS 192.553 to 192.581, have access to all of the following if necessary to investigate a complaint: (A) Residents’ records, including medical records with the consent of a resident or a resident’s representative. (B) For a resident who is unable to communicate consent and the resident’s legal representative denies consent, access to the resident’s records without consent if the ombudsman has reasonable cause to believe that the legal representative is not acting in the resident’s best interests. (C) For a resident who is unable to communicate consent and does not have a legal representative, access to the resident’s records, including medical records, without consent if the ombudsman or designee believes that the information is necessary for the investigation of the complaint. (D) Records of any public agency, including abuse reports maintained under ORS 430.757. (c) Have access to, upon request, copies of all licensing and certification records, including records of corrective actions, maintained by the Department of Human Services or the Oregon Health Authority with respect to residential facilities. (d) Have access to the administrative records, policies and documents of residential facilities to which residents or the general public has access. (e) Conduct each investigation in a manner that does not significantly disrupt the provision of residential care or treatment to residents. (f) Show identification to the person in charge of a facility prior to entering the facility. (2) The Residential Facilities Ombudsman shall enter into confidentiality agreements with the department and with the authority permitting the ombudsman and each designee to have access to electronic records of the department and the authority that are necessary to carry out the duties of the ombudsman. The agreement must ensure that records obtained by the ombudsman from the department or the authority that are confidential, privileged or otherwise protected from disclosure are not further disclosed, except as permitted by state and federal law. [2017 c.441 §5] Note: See note under 443.380.
OR Rev Stat § 443.390 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.390 - Complaints.

(1) If a complaint is made on behalf of a resident who has limited or no decision-making capacity and is unable to communicate consent for the Residential Facilities Ombudsman to investigate the complaint, and: (a) The resident has no known legal representative: (A) The ombudsman shall seek to discern the outcome that the resident desires and shall work to accomplish that outcome; or (B) If the ombudsman is unable to discern the resident’s desired outcome, it shall be assumed that the resident desires to have the resident’s health, safety, welfare and rights protected; or (b) The resident has a legal representative who refuses to provide consent to the investigation, the ombudsman may proceed without consent if the ombudsman has reasonable cause to believe that it is in the resident’s best interests. (2) A resident shall have the right to refuse to communicate with the ombudsman or the designee. The refusal shall be made directly to the ombudsman or the designee and not through an intermediary. (3) Following an investigation of a complaint, the Residential Facilities Ombudsman or a designee shall report the ombudsman’s findings and conclusions to the resident who made the complaint and to a complainant acting on behalf of a resident. If the ombudsman or designee finds conditions threatening the health, safety or welfare of a resident that cannot be resolved informally, the ombudsman or designee shall refer the findings to the Department of Human Services, the Oregon Health Authority or law enforcement officials. (4) A resident shall have the right to participate in planning any course of action to be taken on behalf of the resident by the ombudsman or the designee. (5) A resident or an individual who makes a complaint to the Residential Facilities Ombudsman under this section, or who participates in an investigation of a complaint, may not be subjected to a penalty, sanction or restriction or be denied any right, privilege or benefit on account of making the complaint or participating in the investigation of the complaint. (6) The Department of Human Services shall prohibit retaliation or reprisals by a residential facility or other entity with respect to any resident, employee or other person who files a complaint, provides information or otherwise cooperates with the Residential Facilities Ombudsman or a designee and shall provide by rule for appropriate sanctions with respect to the retaliation and reprisals. (7) In order to encourage residents and individuals acting on behalf of residents to communicate with the Residential Facilities Ombudsman or designee, any resident or individual acting on behalf of a resident who makes a complaint to the Residential Facilities Ombudsman in good faith under this section or who participates in an investigation of a complaint shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the communication. [2017 c.441 §6] Note: See note under 443.380.
OR Rev Stat § 443.392 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.392 - Notice of complaint procedures; posting requirement.

(1) The Residential Facilities Ombudsman shall prepare and distribute to each residential facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and designee, if any, and a poster describing the Residential Facilities Ombudsman Program and providing contact information. The Department of Human Services shall facilitate the distribution of information regarding the Residential Facilities Ombudsman Program to residents, providers and the public. (2) The administrator of each residential facility shall post the written notice and poster required by this section in conspicuous places in the facility in accordance with procedures provided by the ombudsman and shall give the written notice to each resident and legal representative, if any, at least annually during the care planning process. [2017 c.441 §7] Note: See note under 443.380.
OR Rev Stat § 443.396 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.396 - Gifts, grants and donations.

The Residential Facilities Ombudsman appointed under ORS 443.382 may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out ORS 443.380 to 443.394 and the moneys shall be deposited in the Long Term Care Ombudsman Account established under ORS 441.419. [2017 c.441 §9] Note: See note under 443.380.
OR Rev Stat § 443.405 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.405 - Exclusions from definition of "residential facility."

For purposes of ORS 443.400 to 443.455 and 443.991, "residential facility" does not include: (1) A residential school; (2) A state or local correctional facility; (3) A youth correction facility as defined in ORS 420.005; (4) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885; (5) A juvenile detention facility as defined in ORS 419A.004; (6) A nursing home; (7) A hospital; (8) A place primarily engaged in recreational activities; (9) A foster home; (10) A place providing care and treatment on less than a 24-hour basis; or (11) A residential facility registered under ORS 443.485. [1977 c.717 §2; 1983 c.510 §18; 1993 c.33 §350; 1999 c.316 §2; 2005 c.22 §307; 2009 c.595 §778; 2013 c.130 §5; 2015 c.740 §1]
OR Rev Stat § 443.410 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.410 - Single license required.

(1) A license issued by the Department of Human Services is required in order to operate or maintain a residential care facility, residential training facility or residential training home. (2) A license issued by the Oregon Health Authority is required in order to operate or maintain a residential treatment facility or residential treatment home. (3) A facility may not be subject to licensing by both the department and the authority under this section. If a facility could be licensed under either subsection (1) or (2) of this section, the Director of Human Services and the Director of the Oregon Health Authority shall determine the category of licensure that applies to the facility. [1977 c.717 §3; 1983 c.510 §19; 1989 c.224 §96; 1989 c.488 §2; 1991 c.801 §2; 2007 c.70 §246; 2009 c.595 §779; 2011 c.720 §198a]
OR Rev Stat § 443.415 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.415 - License applications; fee; investigations; grounds for issuance and denial of license.

(1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services or the Oregon Health Authority on forms provided for that purpose by the appropriate licensing agency. Each application shall be accompanied by a fee. No fee is required of any governmentally operated residential facility. (2)(a) The application fee for a residential training facility or a residential treatment facility is $60. (b) The application fee for a residential training home is $50. (c) The application fee for a residential treatment home is $30. (d) The application fee for a residential care facility is: (A) For a facility with one to 15 beds, $2,000. (B) For a facility with 16 to 49 beds, $3,000. (C) For a facility with 50 to 99 beds, $4,000. (D) For a facility with 100 to 150 beds, $5,000. (E) For a facility with more than 150 beds, $6,000. (3) Upon receipt of an application and fee, the licensing agency shall conduct an in-person site inspection, including, for residential care facilities, an inspection of the kitchen and other areas where food is prepared for residents. The licensing agency shall issue a license to any applicant for operation of a residential facility in compliance with ORS 443.002 and 443.400 to 443.455 and the rules of the licensing agency. Licensure may be denied when a residential facility is not in compliance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. Licensure shall be denied if the State Fire Marshal, deputy or approved authority has given notice of noncompliance of a residential care facility, residential training facility or residential treatment facility pursuant to ORS 479.220. [1977 c.717 §8; 1979 c.696 §16; 1987 c.548 §2; 2001 c.900 §184; 2005 c.22 §308; 2009 c.595 §780; 2009 c.828 §31; 2009 c.837 §26; 2017 c.679 §12a; 2017 c.707 §4; 2019 c.592 §5; 2021 c.338 §6]
OR Rev Stat § 443.416 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.416 - Inspection of facilities.

(1) The Director of Human Services or authorized representative shall periodically visit and inspect every residential care facility, residential training facility or residential training home to determine whether it is maintained and operated in accordance with ORS 443.400 to 443.455 and the rules of the director, and to consult with and advise management concerning methods of care, treatment, training, records, housing and equipment. Employees of the Department of Human Services and the State Fire Marshal or authorized representative on request shall be permitted access to the premises and records of individuals in the facility or home that are pertinent to fire safety. (2) The Director of the Oregon Health Authority or authorized representative shall periodically visit and inspect every residential treatment facility or residential treatment home to determine whether it is maintained and operated in accordance with ORS 443.400 to 443.455 and the rules of the director, and to consult with and advise management concerning methods of care, treatment, training, records, housing and equipment. Employees of the Oregon Health Authority and the State Fire Marshal or authorized representative on request shall be permitted access to the premises and records of individuals in the facility or home that are pertinent to fire safety. [Formerly 443.435]
OR Rev Stat § 443.417 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.417 - Annual kitchen inspection; fees.

(1) The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The inspection must be conducted by an individual who has training and expertise in food sanitation. For an inspection not conducted as part of a legally required survey, the department may charge the inspected facility a fee of up to $200. (2) The department or the Oregon Health Authority may not deny or delay a license or refuse to renew a license: (a) For a facility’s first failure to pass an inspection; or (b) If the department fails to conduct an inspection in a timely manner. (3) Any fees collected by the department under this section shall be deposited into the Quality Care Fund established in ORS 443.001 and are continuously appropriated to the department for conducting inspections described in subsection (1) of this section. [2019 c.592 §2] Note: 443.417 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 § 443.419 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.419 - License revocations, suspensions or conditions; rules.

(1) The Department of Human Services or the Oregon Health Authority may revoke, suspend or impose conditions on the license of any residential training facility or residential training home based on criteria adopted by the licensing agency by rule, including but not limited to when: (a) There exists a threat to the health, safety or welfare of a resident; (b) There is reliable evidence of abuse, neglect or exploitation of a resident; or (c) The facility or home is out of compliance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. (2) In cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately. [2021 c.316 §2]
OR Rev Stat § 443.420 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.420 - Qualifications for license.

(1) A person applying for a license under ORS 443.415 must, in the judgment of the director of the licensing agency, be a person: (a) Who demonstrates an understanding and acceptance of the rules governing residential facilities; (b) Mentally and physically capable of caring for such residents; and (c) Who employs or utilizes only individuals whose presence does not jeopardize the health, safety or welfare of residents. (2) A residential facility may not be operated or maintained in combination with a nursing home or hospital unless: (a) The residential facility is licensed, maintained and operated as a separate and distinct part; or (b) The residential facility is licensed as a conversion facility under ORS 443.431. (3) All physical residential facilities used for residents must meet applicable requirements of the State Fire Marshal. (4) As of the date of licensure, a residential facility must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit requirements. (5) Prior to licensure, a residential facility that proposes to house persons under the age of 21 years shall submit written proof to the licensing agency demonstrating that the facility will: (a) Comply with ORS 336.575; and (b) Ensure that the children who reside at the residential facility receive appropriate educational services that are: (A) Comprehensive and age-appropriate; (B) In compliance with requirements of state and federal law; and (C) If applicable, in compliance with the individual education program of the child. (6) Prior to an initial licensure of a residential care facility, the licensing agency shall consider: (a) The license applicant’s history of regulatory compliance and operational experience; (b) The willingness of the license applicant to serve underserved populations; and (c) The willingness of the license applicant to contract with the licensing agency to provide services through the state medical assistance program. (7)(a) The licensing agency may not issue an initial license to a residential care facility if the facility has not conducted a market study that assesses the need for the services offered by the facility in the geographic area served by the facility. (b) This subsection does not apply to a conversion facility licensed under ORS 443.431. (8) Prior to the issuance of an initial license to a residential training facility or a residential training home, and upon an application for a renewal of a license of a residential training facility or a residential training home, the licensing agency shall consider the license applicant’s history of regulatory and safety compliance and operational experience in this state or any other jurisdiction as prescribed by rule by the licensing agency. [1977 c.717 §4; 1985 c.264 §3; 2008 c.18 §12; 2009 c.595 §781; 2011 c.105 §1; 2015 c.241 §1; 2017 c.679 §21; 2021 c.316 §3]
OR Rev Stat § 443.421 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.421 - Revocation and suspension of licenses; procedure.

(1) Except as provided in subsection (2) of this section, the Department of Human Services or the Oregon Health Authority may revoke or suspend the license of any residential care facility that is not operated in accordance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. Such revocation or suspension must be taken in accordance with rules of the licensing agency and ORS chapter 183. However, in cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately pending a fair hearing not later than the 10th day after such suspension. (2)(a) In a case where an imminent danger to the health or safety of the residents exists, a residential care facility license may be suspended immediately. (b) The residential care facility is entitled to a contested case hearing to appeal an order of immediate suspension in accordance with procedures adopted by the Department of Justice by rule concerning emergency license suspensions. (c) When the Department of Human Services issues an immediate suspension order under this subsection, the department may: (A) Transition all residents of the residential care facility to other residential facilities; or (B) Appoint a management company with demonstrated skill and experience in operating residential facilities to manage the residential care facility and care for the residents of the facility. If the facility is unable to pay for the appointed management company, the department shall use funds from the facility trustee account fund to cover the cost. [Formerly 443.440; 2021 c.316 §4]
OR Rev Stat § 443.422 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.422 - Siting of licensed residential facilities.

(1) To prevent the perpetuation of segregated housing patterns, the Department of Human Services, in consultation with the Oregon Health Authority, shall determine the location and type of licensed residential facilities and the location of facilities subject to the provisions of ORS 169.690. (2) Before a license is issued for a residential facility as defined in ORS 443.400, the issuing agency shall determine the number and type of any other licensed residential facilities and the number and type of facilities subject to the provisions of ORS 169.690 within a 1,200 foot radius. (3) None of the data collected under this section shall be used in a manner that violates the Fair Housing Amendments Act of 1988. [1989 c.564 §11; 2009 c.595 §782] Note: 443.422 was added to and made a part of ORS chapter 443 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 443.424 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs|Section 443.424 - Expansion of capacity of residential care facilities and adult foster homes; reports to Legislative Assembly.

(1) The Department of Human Services, in cooperation with representatives of residential facilities and adult foster homes, shall: (a) Assess the capacity on January 1, 2008, of residential facilities and adult foster homes to serve residents who qualify for state medical assistance; (b) Establish targets for expansion of the capacity assessed in paragraph (a) of this subsection in each area of the state; and (c) Issue a report on changes in capacity on a quarterly basis. (2) The department shall report semiannually to the Legislative Assembly or the Emergency Board the findings in subsection (1) of this section and any recommendations for legislative action. [2008 c.18 §15] Note: 443.424 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.