reglab/housing_qa huggingface dataset:
OR Rev Stat § 441.293 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment.

(1) A person who is served with notice of an order of the court appointing a trustee, with the trustee’s name and address, shall be liable to pay the trustee for any goods or services provided by the trustee after the date of the order if the person would have been liable for the goods or services as supplied by the licensee. The trustee shall give a receipt for each payment and shall keep a copy of each receipt on file. The trustee shall deposit amounts received in a special account and may use this or any other similar account for disbursements. (2) The trustee may bring an action to enforce the liability created by subsection (1) of this section. Proof of payment to the trustee is as effective in favor of the person making the payment as payment of the amount to the person who would have been entitled to receive the sum so paid. (3) A patient shall not be discharged, nor shall any contract or rights be forfeited or impaired, nor shall forfeiture or liability be increased, by reason of an omission to pay a licensee a sum paid to the trustee. [1981 c.868 §5; 2009 c.539 §4]
OR Rev Stat § 441.295 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.295

[Amended by 1969 c.343 §§13,27; 1969 c.344 §6; 1971 c.403 §7; renumbered 440.340]
OR Rev Stat § 441.296 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.296 - Liability for rent or contracts.

(1) A trustee is not required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the licensee if in the judgment of the court the terms thereof are unconscionable. (2) If the trustee is in possession of real estate or goods subject to a lease, mortgage or security interest which the trustee is permitted to avoid under subsection (1) of this section, and if the real estate or goods are necessary for the continued operation of the facility, the trustee may apply to the court to set a reasonable rental. The court shall hold a hearing on the application within 15 days. The trustee shall send notice of the application to any known owners of the property involved at least 10 days prior to the hearing. Payment by the trustee of the amount determined by the court to be reasonable is a defense to any action against the trustee for payment or for possession of the goods or real estate subject to the lease or mortgage involved by any person who received such notice. However, the payment does not relieve the licensee of any liability for the difference between the amount paid by the trustee and the amount due under the original lease or mortgage involved. [1981 c.868 §6; 2009 c.539 §5]
OR Rev Stat § 441.301 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.301 - Payment of expenses when income inadequate.

If funds collected under ORS 441.289 and 441.293 are insufficient to meet the expenses of performing the powers and duties conferred on the trustee by ORS 441.277 to 441.323 or on the temporary manager pursuant to ORS 441.333, or if there are insufficient funds on hand to meet those expenses, the Department of Human Services may draw from the Facility Fund established in ORS 441.303 to pay those expenses. Moneys drawn under this section that are not applied to the expenses of the trust shall be used to reimburse the fund for advances made under this section. [1981 c.868 §7; 2009 c.539 §6]
OR Rev Stat § 441.303 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.303 - Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees.

(1) The Facility Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of payments made by facilities to the Department of Human Services as specified in this section. Interest earned by the Facility Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the department for the purpose of paying: (a) The reasonable expenses of a trustee appointed under ORS 441.281 if funds collected by a trustee under ORS 441.289 and 441.293 are insufficient to meet those expenses; or (b) The reasonable expenses of a temporary manager appointed under ORS 441.333 if funds collected by a temporary manager are insufficient to meet those expenses. (2) Each licensee shall pay annually to the department an amount not to exceed the annual license fee or application fee for the facility under ORS 441.020 or 443.415. The facility payment shall be due annually on a date fixed by the department and enforced in the same manner as the license fee for the particular facility is payable and enforceable. The amount of payments shall be set so as to acquire in the fund the $750,000 described in subsection (3) of this section. (3) Whenever the balance of moneys in the fund established under this section reaches $750,000, the department shall discontinue collecting the facility payment described in subsection (2) of this section. However, whenever the fund balance falls below $600,000, the department shall reinstitute the facility payment described in subsection (2) of this section until the fund is restored to at least $750,000. The department’s notice of intent to reinstitute the facility payment shall include a summary of the amounts expended by the department from the fund and the balance of the fund on the date of the notice. The department may use reasonable amounts from the fund necessary to administer the fund. (4) Whenever the department is required to use any amount in the fund to meet the expenses of a trustee appointed under ORS 441.281 or a temporary manager appointed under ORS 441.333, the amount used shall constitute a loan to the facility and shall be repayable to the fund under such terms and conditions as the facility and the department agree. The rate of interest shall be set by the department to reflect the prevailing market rate on similar loans. Interest earned under this subsection shall be credited to the fund established under this section. (5) The facility payment described in subsection (2) of this section shall be considered an allowable cost in setting the reimbursement rates of a facility by the department. (6) The court may order that the trustee file an undertaking with the clerk of the court. The fund established under this section may serve as surety for the undertaking. [1981 c.868 §7a; 1983 c.787 §1; 1987 c.428 §21; 1989 c.966 §49; 2003 c.14 §255; 2009 c.539 §7; 2017 c.679 §38]
OR Rev Stat § 441.305 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.305

[Amended by 1969 c.343 §15; 1971 c.647 §79; renumbered 440.350]
OR Rev Stat § 441.306 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.306 - Compensation of trustee.

The court shall set the compensation of the trustee. That compensation and the compensation of the employees shall be considered a necessary expense of the trust. [1981 c.868 §8]
OR Rev Stat § 441.309 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.309 - Trustee as public employee.

(1) In any action or special proceeding brought against a trustee in the trustee’s official capacity for acts committed while carrying out the powers granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be considered a public employee. (2) A trustee may be held liable in a personal capacity only for the trustee’s own gross negligence, intentional acts or breach of fiduciary duty. [1981 c.868 §9]
OR Rev Stat § 441.312 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.312 - License renewal of facility placed in trust.

Notwithstanding other provisions of law concerning licensing of long term care facilities, a license renewal may be issued to a facility placed in trust under ORS 441.281. The duration of a license issued under this section is limited to the duration of the trust. [1981 c.868 §10; 2009 c.539 §8]
OR Rev Stat § 441.315 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.315

[Amended by 1971 c.647 §80; renumbered 440.355]
OR Rev Stat § 441.316 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.316 - Termination of trust; extension; license revocation.

(1) The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the facility have been provided with care in another facility or upon petition of the licensee if the licensee intends to discontinue the operation of or close the facility during the period of trust. The court may use its discretion in terminating a trust upon petition of the licensee to determine whether discontinuance or closure will promote the health and safety of the patients. (2) At the expiration of the period for which the trustee was appointed, the court shall make a determination as to the future of the facility based upon evidence presented to the court. At that time the court may decide to: (a) Order the Department of Human Services to issue a new license to the person that was the licensee when the department filed the petition under ORS 441.281 and permit the facility to continue in operation; (b) Extend the period of appointment of the trustee by not more than 90 days; or (c) Order the department without further administrative hearing to revoke the license of the facility. (3) Nothing in ORS 441.277 to 441.323 is intended to limit or prohibit any licensee from ceasing the operation of and closing a facility during the period of the trust. However, the licensee intending to do so shall give written notice of the intended action to the trustee pursuant to rules of the department. The trustee may continue to operate the facility for a period of not more than 60 days after notice is received. The licensee shall be liable for any expenses incurred in the operation of the facility during this period. [1981 c.868 §11; 1987 c.428 §22; 2009 c.539 §9]
OR Rev Stat § 441.320 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.320

[Amended by 1967 c.37 §1; 1967 c.353 §1; 1971 c.89 §1; 1971 c.727 §118; renumbered 440.360]
OR Rev Stat § 441.323 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.323 - Effect of trust or temporary management on prior obligations or civil or criminal liabilities.

(1) Nothing in ORS 441.277 to 441.323 is intended: (a) To relieve any licensee of the facility placed in trust under ORS 441.281 or under temporary management pursuant to ORS 441.333 of any civil or criminal liability incurred, or any duty imposed by law by reason of acts or omissions of the licensee prior to the appointment of a trustee under ORS 441.281. (b) To suspend any obligation of the licensee for payment of taxes or other operating and maintenance expenses of the facility or payment of mortgages or other liens during the term of the trust or the temporary management. (2) A licensee may not be held professionally liable for acts or omissions of the trustee or the trustee’s employees during the term of the trust or of the temporary manager or the temporary manager’s employees during the period of temporary management. [1981 c.868 §13; 2009 c.539 §11]
OR Rev Stat § 441.325 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.325

[Renumbered 440.365]
OR Rev Stat § 441.330 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.330

[Renumbered 440.370]
OR Rev Stat § 441.331 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341.

As used in ORS 441.331 to 441.341, "facility" has the meaning given that term in ORS 441.277. [2009 c.539 §14] Note: 441.331 to 441.341 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 441.333 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.333 - Appointment of temporary manager.

(1) The Department of Human Services, with the consent of the licensee, may appoint for a period not to exceed six months a temporary manager to assume control of the day-to-day operation of the facility if the department determines that the health or safety of patients in a facility are, or in the immediate future will be, in jeopardy based upon: (a) The facility’s unwillingness or inability to comply with department rules in the operation of the facility; (b) The imminent insolvency of the facility; (c) The department’s revocation or suspension of the license of the facility; or (d) The department’s determination that the licensee intends to cease operations and to close the facility without adequate arrangements for the relocation of the patients. (2) A temporary manager has all of the duties and powers, as prescribed by the department by rule or as agreed upon between the department and the licensee, that are necessary to ensure the safety and well-being of the patients and the continued operation of the facility. (3) The department shall compensate a temporary manager as agreed upon by the department and the licensee. Compensation of a temporary manager and compensation of any employees or agents of the temporary manager reasonably necessary to assist the temporary manager in the operation of the facility shall be considered a reasonable expense for the purpose of withdrawing funds from the Facility Fund established in ORS 441.303. [2009 c.539 §15] Note: See note under 441.331.
OR Rev Stat § 441.335 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.335

[Amended by 1963 c.9 §25; 1969 c.343 §18; renumbered 440.375]
OR Rev Stat § 441.338 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.338 - Temporary manager as agent of state agency.

In any action or proceeding brought against a temporary manager in the temporary manager’s official capacity for acts committed while carrying out the powers and duties authorized by the Department of Human Services by rule or as agreed upon between the department and the licensee, the temporary manager shall be considered an agent of the department under ORS 30.260 to 30.300. [2009 c.539 §17] Note: See note under 441.331.
OR Rev Stat § 441.341 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.341 - Rules.

The Department of Human Services shall adopt rules necessary to implement ORS 441.331 to 441.341, including but not limited to the criteria for the appointment of a temporary manager of a facility, the qualifications of a temporary manager and the powers and duties of a temporary manager. [2009 c.539 §18] Note: See note under 441.331.
OR Rev Stat § 441.345 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.345

[Amended by 1969 c.2 §1; 1969 c.343 §19; 1969 c.694 §7; 1971 c.36 §4; renumbered 440.380]
OR Rev Stat § 441.350 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.350

[Amended by 1969 c.343 §20; renumbered 440.385]
OR Rev Stat § 441.355 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.355

[Renumbered 440.390] MOVES FROM LONG TERM
OR Rev Stat § 441.357 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.357 - Definitions for ORS 441.357 to 441.367.

As used in ORS 441.357 to 441.367: (1) "Informed written consent" means voluntary consent in writing given after receipt and understanding of a written statement of a resident’s rights under ORS 441.362 (1) to (5). (2) "Long term care facility" means any long term care facility as defined in ORS 442.015. (3) "Move from a long term care facility" means any move, relocation, discharge or transfer out of a long term care facility which terminates residence at the long term care facility. (4) "Resident" means an individual receiving care in a long term care facility. [1983 c.269 §1; 1985 c.747 §51]
OR Rev Stat § 441.360 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.360

[Amended by 1963 c.9 §26; 1969 c.694 §8; renumbered 440.395]
OR Rev Stat § 441.362 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.362 - Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent.

(1) The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a long term care facility without providing 30 days’ written notice to the resident of the reasons for the move or termination of payment, the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move or termination of payment. (2) Written notice in accordance with this section shall be provided by the department in all moves, including situations where the resident requests or initiates the move. (3) The request for hearing must be made to the department within 10 days of the service or delivery of the written notice to move. (4) Notwithstanding subsection (1) of this section, the department may move a resident less than 30 days after the service of the notice if the resident gives informed written consent to the move or termination of payment. (5) In the event the resident is cognitively impaired, informed written consent can only be given by a guardian, conservator, person holding a general power of attorney, person designated by the resident to receive notice of a move or termination of payment or person who requested the receipt of notice of a move or termination of payment. [1983 c.269 §2]
OR Rev Stat § 441.365 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.365

[Amended by 1961 c.396 §1; 1969 c.343 §20a; 1969 c.694 §9; 1971 c.36 §5; 1973 c.284 §3; renumbered 440.400]
OR Rev Stat § 441.367 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.367 - Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty.

(1) The Department of Human Services by rule shall require long term care facilities licensed under ORS 441.020 to provide written and oral notice before or at the time of admission to any resident who does not receive medical assistance under ORS chapter 414, specifying: (a) The base daily rate and any additional expenses reasonably to be expected including medical supplies, pharmacy and doctor visits and the charges for incontinency care, feeding and laundry; and (b) The long term care facility’s policy regarding residents who become unable to pay facility charges by reason of exhaustion of all income and resources to or below the level of eligibility for medical assistance. (2) A long term care facility shall give 30 days’ notice in writing to all residents of changes in additional expenses or charges. (3) The Director of Human Services may impose a civil penalty for violation of subsection (1) of this section under ORS 441.710 (1)(a)(C). [1983 c.269 §§3,4,5; 1987 c.428 §24; 2017 c.679 §39]
OR Rev Stat § 441.370 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.370

[Amended by 1969 c.343 §21; renumbered 440.405]
OR Rev Stat § 441.375 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.375

[Amended by 1973 c.284 §4; renumbered 440.410]
OR Rev Stat § 441.402 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.402 - Definitions for ORS 441.402 to 441.419.

As used in ORS 441.402 to 441.419: (1) "Administrative action" means any action, inaction or decision made by an owner, employee or agent of a long term care facility or by a public agency that affects the services to residents of long term care facilities. (2) "Designee" means an individual appointed by the Long Term Care Ombudsman under ORS 441.413 to serve as a representative in a local community in order to carry out the purpose of ORS 441.402 to 441.419. (3) "Long term care facility" means: (a) Any licensed skilled nursing facility or intermediate care facility, as defined in rules adopted under ORS 442.015; (b) Adult foster homes, as defined in ORS 443.705, with residents over 60 years of age; (c) Residential care facilities, as defined in ORS 443.400; and (d) Continuing care retirement communities, as defined in ORS 101.020. (4) "Long Term Care Ombudsman Program" means the services provided by the Long Term Care Ombudsman. [Formerly 441.100; 2017 c.441 §10]
OR Rev Stat § 441.403 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.403 - Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications.

(1) The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year term from a list of three nominees nominated by the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416. The appointment of the Long Term Care Ombudsman is subject to Senate confirmation under ORS 171.562 and 171.565. A vacancy shall be filled within 60 days in the same manner as an appointment is made. (2) The Long Term Care Ombudsman may be removed for just cause, upon recommendation to the Governor by the Residential Ombudsman and Public Guardianship Advisory Board. (3) The Long Term Care Ombudsman shall have background and experience in the following areas: (a) The fields of aging, mental health or developmental disabilities; (b) Physical or behavioral health care; (c) Working with community programs; (d) Strong understanding of long term care issues, both regulatory and policy; (e) Working with health care providers; (f) Working with and involvement in volunteer programs; and (g) Administrative and managerial experience. (4) The Long Term Care Ombudsman may hire up to 10 deputy ombudsmen as necessary to perform the duties of the ombudsman. [Formerly 441.103; 2017 c.441 §11; 2019 c.504 §1]
OR Rev Stat § 441.404 (2021)
2021 Oregon Revised Statutes|Volume : 12 - Public Health|Chapter 441 - Health Care Facilities|Section 441.404 - Funding of office.

The funding for the office of the Long Term Care Ombudsman shall include at least one percent of Title III(B) of the Older Americans Act (Public Law 89-73) funding received by this state. [Formerly 441.107]