reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.450 - Definitions for ORS 409.450 to 409.478.

As used in ORS 409.450 to 409.478:
(1) "Caregiver" means an individual providing ongoing care for an individual with special needs.
(2) "Community lifespan respite care program" means a noncategorical respite care program that:
(a) Is operated by community-based private nonprofit, for-profit or public agencies that provide respite care services;
(b) Receives funding through the Oregon Lifespan Respite Care Program established under ORS 409.458;
(c) Serves an area of one or more counties;
(d) Acts as a single local source of information and referral; and
(e) Facilitates access to local respite care services.
(3) "Noncategorical care" means care without regard to the status of the individual receiving care, including but not limited to age and type of special need.
(4) "Provider" means an individual or agency selected by a family or caregiver to provide respite care to an individual with special needs.
(5) "Respite care" means the provision of short-term relief to primary caregivers from the demands of ongoing care for an individual with special needs.
(6) "Respite care services" includes:
(a) Recruiting and screening paid and unpaid respite care providers;
(b) Identifying local training resources and organizing training opportunities for respite care providers;
(c) Matching families and caregivers with providers and other types of respite care;
(d) Linking families and caregivers with payment resources;
(e) Identifying, coordinating and developing community resources for respite care;
(f) Providing quality assurance and evaluation; and
(g) Assisting families and caregivers to identify respite care needs and resources.
(7) "Special needs" includes:
(a) Alzheimer’s disease and related disorders;
(b) Developmental disabilities;
(c) Physical disabilities;
(d) Chronic illness;
(e) Mental illness;
(f) Behavioral and emotional conditions that require supervision;
(g) Situations in which a high risk of abuse or neglect exists; and
(h) Such other situations or conditions as the Department of Human Services may establish by rule. [1997 c.745 §1; 2007 c.71 §104; 2007 c.512 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.454 - Legislative findings on respite care.

The Legislative Assembly finds that:
(1) Supporting the efforts of families and caregivers to care for individuals with special needs at home is efficient, cost effective and humane. Families receiving occasional respite care relief are less likely to request admission of an individual with special needs to nursing homes, foster care or other out-of-home care at public expense.
(2) Respite care reduces family and caregiver stress, enhances family and caregiver coping ability and strengthens family ability to meet the challenging demands of caring for individuals with special needs.
(3) Respite care reduces the risk of abuse and neglect of children, senior citizens and other vulnerable groups.
(4) Coordinated, noncategorical respite care services must be available locally to provide reliable short-term relief when it is needed by families and caregivers regardless of where they live in Oregon. [1997 c.745 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.458 - Oregon Lifespan Respite Care Program established in department; duties.

The Director of Human Services shall establish the Oregon Lifespan Respite Care Program to develop and encourage statewide coordination of respite care and to work with community-based private nonprofit, for-profit or public agencies and interested citizen groups in the establishment of community lifespan respite care programs. The Oregon Lifespan Respite Care Program shall:
(1) Provide policy and program development support, including but not limited to data collection and outcome measures;
(2) Identify and promote resolution of local and state level policy concerns;
(3) Provide technical assistance to community lifespan respite care programs in the areas of respite care program operations, resource development, best practices, training, coordination with other caregiver programs and promoting public awareness;
(4) Develop and distribute respite care information;
(5) Promote the exchange of information and coordination among state and local government, community lifespan respite care programs, agencies serving individuals with special needs, families and respite care advocates to encourage efficient provision of respite care and reduce duplication of effort;
(6) Ensure statewide access to community lifespan respite care programs; and
(7) Monitor and evaluate implementation of community lifespan respite care programs. [1997 c.745 §3; 2007 c.512 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.462 - Community programs; criteria; administrator of program; advisory council.

(1) The Department of Human Services through the Oregon Lifespan Respite Care Program shall coordinate the establishment of community lifespan respite care programs. The program shall accept proposals to operate community lifespan respite care programs, submitted in the form and manner required by the program, from community-based private nonprofit, for-profit or public agencies that provide respite care services. According to criteria established by the Department of Human Services, the Oregon Lifespan Respite Care Program shall designate and fund agencies described in this section to operate the community lifespan respite care programs.
(2) The Director of Human Services shall create the position of administrator of the Oregon Lifespan Respite Care Program to carry out the duties of the program.
(3) The Director of Human Services shall appoint an advisory council to the Oregon Lifespan Respite Care Program. The council shall be composed of respite care program managers, respite care consumers, family members and other interested individuals and shall meet no fewer than four times per year. [1997 c.745 §4; 2007 c.512 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.466 - Community program duties; advisory committee.

Each community lifespan respite care program established pursuant to ORS 409.458 shall:
(1) Involve key local individuals and agencies in the community lifespan respite care program planning process.
(2) Create an advisory committee to advise the community lifespan respite care program on how the program may best serve the needs of families and caregivers of individuals with special needs. A majority of the members of the advisory committee shall be family members and caregivers of individuals with special needs. Other members shall include respite care providers, representatives of local service agencies and other community representatives. Committee membership shall represent senior citizens, adults and children with special needs, and families at risk of abuse or neglect. [1997 c.745 §5; 2007 c.512 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.470 - Description of respite care services.

Respite care services made available through the Oregon Lifespan Respite Care Program shall:
(1) Include a flexible array of respite care options responsive to family and caregiver needs and available before families and caregivers are in a crisis situation;
(2) Be sensitive to the unique needs, strengths and multicultural values of an individual, family or caregiver;
(3) Offer the most efficient access to an array of coordinated respite care services that are built on existing community supports and services;
(4) Be driven by community strengths, needs and resources; and
(5) Use a variety of funds and resources, including but not limited to:
(a) Family or caregiver funds;
(b) Private and volunteer resources;
(c) Public funds; and
(d) Exchange of care among families or caregivers. [1997 c.745 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.474 - Rules.

The Department of Human Services shall adopt all rules necessary for the operation and administration of the Oregon Lifespan Respite Care Program, including but not limited to:
(1) Establishing criteria, procedures and timelines for designation of the community-based private nonprofit, for-profit or public agencies that will receive funding to provide respite services under community lifespan respite care programs;
(2) Requiring that community lifespan respite care programs publicize the telephone number and address where families and caregivers may contact the program;
(3) Establishing operational guidelines and outcome measures for state and community lifespan respite care programs;
(4) Establishing program reporting and data collection requirements;
(5) Creating statewide minimum standards for lifespan respite care providers;
(6) Establishing standards for coordination between the Oregon Lifespan Respite Care Program and other caregiving programs; and
(7) Establishing a statewide quality assurance process and quality assurance measures. [1997 c.745 §7; 2007 c.512 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.478 - Use of funds appropriated to program.

The Oregon Lifespan Respite Care Program may use the funds appropriated to the program for the following purposes:
(1) The purposes established in ORS 409.458 and 409.462;
(2) Costs related to ongoing provider recruitment and training, information and referral, outreach and other components of the provision of local respite care;
(3) One time only start-up costs related to the establishment of the community lifespan respite care program;
(4) Administrative costs for maintaining ongoing program operation at both the state and local levels, including technology acquisition and upgrades to expand access to respite care services and to improve accountability; and
(5) The purchase of community-based respite care for families and individuals. [1997 c.745 §9; 2007 c.512 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.520

[2001 c.987 §2; 2003 c.14 §175; 2005 c.162 §1; 2007 c.528 §3; 2009 c.442 §35; 2009 c.595 §249; 2011 c.272 §6; renumbered 413.574 in 2011]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.610 - Legislative goal.

It is the goal of the Legislative Assembly to provide programs to make child care services more affordable, to improve the quality of services offered and to increase the number of child care providers. Programs should be tailored to the needs of local communities and should include a combination of actions that will address both targeted populations, such as teen parents or children with disabilities, and low-income working or student parents. [1991 c.697 §1; 2007 c.70 §162]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.711 - Grants for providing tax assistance.

(1) The Department of Human Services shall adopt by rule a grant program to provide funding for the purposes described in subsections (2) and (3) of this section to culturally specific and responsive organizations, tribal governments and under-resourced rural community service organizations.
(2) Grants must be used to help low-income residents of this state by:
(a) Providing education about federal earned income tax credits and other tax benefits available to low-income individuals;
(b) Assisting residents in navigating tax systems; and
(c) Filing income tax returns.
(3) The grants must be used to:
(a) Strengthen the existing network of culturally specific and responsive tax preparation organizations;
(b) Expand organizational capacity in geographically diverse areas of this state to improve access to tax navigation and tax preparation services;
(c) Improve the recruitment and retention of qualified tax preparers;
(d) Strengthen the technology resources and training systems available to tax preparers and volunteers; or
(e) Strengthen taxpayer outreach, education and connections to communities by culturally specific and responsive tax navigation and preparation service providers.
(4) The department shall appoint a committee to advise the department in the adoption of rules for the program. The advisory committee must include one or more individuals who:
(a) Are low income.
(b) Are Black.
(c) Are Indigenous.
(d) Are people of color.
(e) Are non-English-speaking.
(f) Have a disability.
(g) Are 65 years of age or older. [2022 c.67 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.720 - Emergency planning; rules.

(1) As used in this section:
(a) "Adult foster home" has the meaning given that term in ORS 443.705 (1).
(b) "Health care facility" has the meaning given that term in ORS 442.015.
(c) "Residential facility" has the meaning given that term in ORS 443.400.
(2) Every adult foster home, health care facility and residential facility licensed or registered by the Department of Human Services shall:
(a) Adopt a plan to provide for the safety of persons who are receiving care at or are residents of the home or facility in the event of an emergency that requires immediate action by the staff of the home or facility due to conditions of imminent danger that pose a threat to the life, health or safety of persons who are receiving care at or are residents of the home or facility; and
(b) Provide training to all employees of the home or facility about the responsibilities of the employees to implement the plan required by this section.
(3) The department shall adopt by rule the requirements for the plan and training required by this section. The rules adopted shall include, but are not limited to, procedures for the evacuation of the persons who are receiving care at or are residents of the adult foster home, health care facility or residential facility to a place of safety when the conditions of imminent danger require relocation of those persons. [2007 c.205 §1; 2009 c.595 §257; 2009 c.792 §33; 2017 c.679 §36]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.742 - Disclosure of information pertaining to cremated or reduced remains.

(1) Notwithstanding any other provision of law, the Department of Human Services shall disclose to the general public the name and the dates of birth and death of a person whose cremated or reduced remains are in the possession of the department for the purpose of:
(a) Giving a family member of the person an opportunity to claim the cremated or reduced remains; and
(b) Creating a memorial for those persons whose cremated or reduced remains are not claimed.
(2) If an individual contacts the department to determine whether the department is in possession of the cremated or reduced remains of a family member of the individual and the department determines that the department is in possession of the cremated or reduced remains, the department shall disclose to the individual that the department is in possession of the cremated or reduced remains and offer the individual the opportunity to claim the remains.
(3) As used in this section:
(a) "Alkaline hydrolysis" or "hydrolysis" means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements.
(b) "Family member" means any individual related by blood, marriage or adoption to a person whose cremated or reduced remains are in the possession of the department.
(c) "Natural organic reduction" means the contained, accelerated conversion of human remains to soil.
(d) "Reduced remains" means the remains of a human body after completion of an authorized process for reducing human remains. Authorized processes for reducing human remains include alkaline hydrolysis, natural organic reduction and any other alternative process authorized by the State Mortuary and Cemetery Board. [2005 c.823 §1; 2007 c.9 §1; 2021 c.296 §28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.747 - Setoff of liquidated debts.

Notwithstanding ORS 411.760, liquidated and delinquent debts owed to the Department of Human Services may be set off against amounts owed by the department to the debtors. [2007 c.446 §1; 2009 c.595 §260]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.750 - State goal to eliminate or alleviate poverty.

The State of Oregon desires to assist and enable the poor to achieve maximum feasible economic self-sufficiency. It shall be a state goal to eliminate or alleviate the causes and conditions of poverty in Oregon. The state shall assist service providers, including community-based organizations, culturally specific or culturally responsive organizations as defined in ORS 456.005, nonprofits and community action agencies to stimulate a better focusing of all available local, state, federal and private resources upon the goal. [Formerly 184.801; 2021 c.448 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.800 - Definitions.

As used in ORS 409.800 to 409.816 and 409.900:
(1) "Assessment rate" means the rate established by the Director of Human Services under ORS 409.802.
(2) "Assessment year" means a 12-month period, beginning July 1 and ending the following June 30, for which the assessment rate being determined is to apply.
(3) "Gross revenue":
(a) Means the revenue paid to a long term care facility for patient care, room, board and services, less contractual adjustments; and
(b) Does not include:
(A) Revenue derived from sources other than long term care facility operations, including but not limited to donations, interest and guest meals, or any other revenue not attributable to patient care; and
(B) Hospital revenue or revenue derived from hospital operations.
(4) "Long term care facility" has the meaning given that term in ORS 442.015, but does not include an intermediate care facility for persons with mental retardation.
(5) "Medicaid patient days" means patient days attributable to patients who receive medical assistance under a plan described in 42 U.S.C. 1396a et seq.
(6) "Patient days" means the total number of patients occupying beds in a long term care facility for all days in the calendar period for which an assessment is being reported and paid. For purposes of this subsection, if a long term care facility patient is admitted and discharged on the same day, the patient shall be deemed to occupy a bed for one day. [2003 c.736 §15; 2005 c.757 §3; 2007 c.70 §358; 2007 c.780 §7]
Note:
409.800 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.801 - Long term care facility assessment.

(1) A long term care facility assessment is imposed on each long term care facility in this state.
(2) The amount of the assessment equals the assessment rate times the number of patient days, including Medicaid patient days, at the long term care facility for a calendar quarter.
(3) The assessment shall be reported on a form prescribed by the Department of Human Services and shall contain the information required to be reported by the department. The assessment form shall be filed with the department on or before the last day of the month following the end of the calendar quarter for which the assessment is being reported. The long term care facility shall pay the assessment at the time the facility files the assessment report. The payment shall accompany the report unless the payment is transmitted electronically or unless the department permits a later payment under criteria prescribed by the department by rule.
(4) A long term care facility is not guaranteed that any additional moneys paid to the facility in the form of reimbursements calculated according to the methodology described in ORS 409.815 (4) shall equal or exceed the amount of the long term care facility assessment paid by the facility. [2003 c.736 §16; 2005 c.757 §4; 2007 c.780 §8]
Note:
409.801 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.802 - Rate of assessment; refund of overage.

(1) On or before June 15 of each year, the Director of Human Services shall establish an assessment rate for long term care facilities that are not exempt for the assessment year from the assessment imposed under ORS 409.801. The assessment rate shall apply prospectively to the assessment year. The assessment rate shall be a rate estimated to collect an amount that does not exceed six percent of the annual gross revenue of all long term care facilities in this state, as determined from the financial statements or revenue reports, prescribed by the director by rule, filed by long term care facilities for the period ending June 30 of the previous year. For purposes of establishing an assessment rate pursuant to this subsection, the director shall exclude the annual gross revenue of long term care facilities that are exempt from the assessment imposed under ORS 409.801.
(2) On or before October 15 of each year, the Department of Human Services shall refund any overage in tax dollars collected under ORS 409.801 that exceeds the maximum percentage of the projected annual gross revenue of all long term care facilities in this state as described in subsection (1) of this section. The department shall refund any overage described in this subsection by crediting the percentage of the overage attributable to each long term care facility subject to the assessment described in ORS 409.801 against taxes owed by that facility in succeeding assessment periods. The department may collect any delinquent assessments, but may not collect any underages in actual collections through an adjustment in assessment rates. [2003 c.736 §17; 2005 c.757 §5; 2007 c.780 §9]
Note:
409.802 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.803 - Oregon Veterans’ Home exempt from assessment.

The Oregon Veterans’ Home is exempt from the assessment imposed under ORS 409.801. [2003 c.736 §18; 2003 c.736 §34; 2005 c.757 §7; 2007 c.780 §10; 2013 c.608 §18]
Note:
409.803 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.804 - Assessment subject to use of specified reimbursement methodology.

Notwithstanding any other provision of law, an assessment under ORS 409.800 to 409.816 and 409.900 may be imposed only in a calendar quarter for which the long term care facility reimbursement rate that is part of the Oregon Medicaid reimbursement system was calculated according to the methodology described in ORS 409.815 (4). The Department of Human Services may make retroactive increases in payments for the first six months the assessment is imposed. [2003 c.736 §29; 2007 c.780 §13]
Note:
409.804 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.805 - Requirement to maintain records; audits.

(1) Each long term care facility subject to assessment under ORS 409.801 shall maintain records sufficient to determine the amount of the assessment under ORS 409.801.
(2) Unless otherwise exempt, a long term care facility shall report the payment of the assessment as an allowable cost for Medicaid reimbursement purposes.
(3) The Department of Human Services may audit the records of any long term care facility in this state to determine compliance with ORS 409.800 to 409.816 and 409.900. The department may audit records at any time for a period of three years following the date an assessment is due to be reported and paid under ORS 409.801. [2003 c.736 §21]
Note:
409.805 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.810 - Claim for refund; right to hearing.

(1) A long term care facility that has paid an amount that is not required under ORS 409.800 to 409.816 and 409.900 may file a claim for refund with the Department of Human Services.
(2) Any long term care facility aggrieved by an action of the Department of Human Services or by an action of the Director of Human Services taken under ORS 409.800 to 409.816 and 409.900 shall be entitled to notice and an opportunity for a contested case hearing under ORS chapter 183. [2003 c.736 §20]
Note:
409.810 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.815 - Long Term Care Facility Quality Assurance Fund established.

(1) The Long Term Care Facility Quality Assurance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Long Term Care Facility Quality Assurance Fund shall be credited to the fund.
(2) Amounts in the Long Term Care Facility Quality Assurance Fund are continuously appropriated to the Department of Human Services for the purposes of paying refunds due under ORS 409.810 and funding long term care facilities, as defined in ORS 409.800, that are a part of the Oregon Medicaid reimbursement system.
(3) Funds in the Long Term Care Facility Quality Assurance Fund and the matching federal financial participation under Title XIX of the Social Security Act may be used to fund Medicaid-certified long term care facilities using only the reimbursement methodology described in subsection (4) of this section to achieve a rate of reimbursement greater than the rate in effect on June 30, 2003.
(4)(a) The department shall make additional payments to Medicaid-certified long term care facilities using a reimbursement methodology that includes, but is not limited to, all of the following:
(A) Rebasing on July 1 of each year;
(B) Continuing the use of the pediatric rate;
(C) Continuing the use of the complex medical needs additional payment; and
(D) Discontinuing the use of the relationship percentage, except when calculating the pediatric rate in subparagraph (B) of this paragraph.
(b) In addition to the reimbursement methodology described in paragraph (a) of this subsection, the department may adopt and implement rates applicable to patients with complex medical needs for which the reimbursement methodology described in paragraph (a) of this subsection is insufficient.
(5) For the period beginning July 1, 2018, and ending June 30, 2026, the department shall reimburse costs at a rate not lower than the 62nd percentile of rebased allowable costs for that period. [2003 c.736 §24; 2005 c.757 §11; 2007 c.780 §12; 2013 c.608 §§20, 24; 2016 c.113 §3; 2018 c.66 §4]
Note:
409.815 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.816 - Assessments to be deposited to Long Term Care Quality Assurance Fund.

Amounts collected by the Department of Human Services from the assessment under ORS 409.801 shall be deposited in the Long Term Care Facility Quality Assurance Fund established under ORS 409.815. [2003 c.736 §22; 2005 c.757 §10]
Note:
409.816 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 409 - Department of Human Services › Section 409.900 - Civil penalties for failure to report.

(1) A long term care facility that fails to file a report or pay an assessment under ORS 409.801 by the date the report or payment is due shall be subject to a penalty of $500 per day of delinquency.
(2) Penalties imposed under this section shall be collected by the Department of Human Services and deposited in the Department of Human Services Account established under ORS 409.060.
(3) Penalties paid under this section are in addition to and not in lieu of the assessment imposed under ORS 409.801. [2003 c.736 §19; 2018 c.66 §1]
Note:
409.900 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (see following note).
Note:
Sections 23 and 31, chapter 736, Oregon Laws 2003, provide:
Sec. 23.
Sections 15 to 22, chapter 736, Oregon Laws 2003 [409.800 to 409.816 and 409.900], apply to long term care facility assessments imposed in calendar quarters beginning on or after November 26, 2003, and before July 1, 2026. [2003 c.736 §23; 2005 c.757 §8; 2007 c.780 §11; 2013 c.608 §19; 2018 c.66 §2]
Sec. 31.
Sections 15 to 22, 24 and 29, chapter 736, Oregon Laws 2003 [409.800 to 409.816 and 409.900], are repealed on January 2, 2028. [2003 c.736 §31; 2005 c.757 §9; 2007 c.780 §14; 2009 c.11 §49; 2013 c.608 §21; 2018 c.66 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.010 - State policy for seniors and people with disabilities.

(1) The Legislative Assembly finds and declares that, in keeping with the traditional concept of the inherent dignity of the individual in our democratic society, the older citizens of this state are entitled to enjoy their later years in health, honor and dignity, and citizens with disabilities are entitled to live lives of maximum freedom and independence.
(2) The Legislative Assembly declares that the policy of this state is to provide and encourage programs necessary to fulfill the commitment stated in subsection (1) of this section and that the purpose of policies stated in this section and ORS 410.020 is to provide a guide for the establishment and implementation of programs for older citizens and citizens with disabilities in this state. It further declares that the programs shall be initiated, promoted and developed through:
(a) Volunteers and volunteer groups;
(b) Partnership with local governmental agencies;
(c) Coordinated efforts of state agencies;
(d) Coordination and cooperation with federal programs;
(e) Partnership with private health and social service agencies;
(f) A designated state agency that will encourage and work with older citizens and their organizations, that will coordinate state and local programs, that will encourage and monitor federal programs and that will act as an advocate for older Oregon citizens; and
(g) A designated state agency that will encourage and work with citizens with disabilities and their organizations, that will coordinate state and local programs, that will encourage and monitor federal programs and that will act as an advocate for Oregon citizens with disabilities.
(3) The Legislative Assembly declares that it shall be the policy of this state to give special attention to the special concerns of our most frail and vulnerable older citizens. Furthermore, it shall be the policy of this state to support strongly the full development and participation of citizens with disabilities in all aspects of social, political and community life.
(4) Recognizing the diversity in geography, economy and lifestyles in Oregon and the diversity of local senior citizen networks, the Legislative Assembly declares that it is the policy of this state to avoid complete uniformity in planning and administering programs for older citizens and to encourage and emphasize local control to achieve the most effective blend of state and local authority, not precluding the ability of the state to perform its mandated responsibilities for planning and administration. Multipurpose senior centers may be considered as focal points for the delivery of services to older citizens in each community where practicable. Disability services should also be consolidated where possible to provide efficient and convenient delivery of services to citizens with disabilities. [1981 c.191 §1; 1985 c.180 §1; 1989 c.224 §70; 2007 c.70 §163]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.030 - Legislative findings on long term care options.

The Legislative Assembly of the State of Oregon finds the following regarding older citizens and citizens with disabilities:
(1) That there are many older Oregonians and Oregonians with disabilities who face difficulties in maintaining self-care and independent living within the mainstream of life, and who have not yet exhausted their financial resources. These persons are often dependent upon providers of care for advice regarding 24-hour care. These persons and providers are not always aware of options to, or within, such care;
(2) That inappropriate or premature institutionalization of persons who have not exhausted their financial resources often leads to exhaustion of those resources, and to the expectation by these persons and providers that continued financing of inappropriate institutional care shall be available under Title XIX. However, under these circumstances, transfer of the person to appropriate, less costly noninstitutional or alternative institutional care, if available, is necessary in order that limited public funds can be utilized to provide appropriate care to as many persons in need as possible; and
(3) That to minimize the need for such disruptive transfers, it is in the interest of older Oregonians and Oregonians with disabilities and of providers of care that the Department of Human Services, or any designated state agency, develop plans for assuring access to information, counseling and screening, as appropriate, by persons potentially in need of long term care without regard to the person’s income. [1983 c.312 §1; 1985 c.180 §3; 1989 c.224 §72; 2007 c.70 §165]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.050 - General policy.

(1) The State of Oregon finds:
(a) That the needs of the elderly population can be best served and planned for at the local community level;
(b) That a longer life expectancy and a growing elderly population demands services be provided in a coordinated manner and a single local agency system for such services be instituted;
(c) That local resources and volunteer help will augment state funds and needed personnel;
(d) That local flexibility in providing services should be encouraged; and
(e) That a single state agency should regulate and provide leadership to ensure that the elderly citizens of Oregon will receive the necessary care and services at the least cost and in the least confining situation.
(2) The State of Oregon further finds that within budgetary constraints, it is appropriate that savings in nursing home services allocations within a planning and service area be reallocated to alternative care services under Title XIX and Oregon Project Independence in that area. [1981 c.784 §2; 1993 c.116 §3; 2005 c.22 §272]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.060 - Policy for persons with disabilities served by department.

(1) It is the policy of the State of Oregon that persons with disabilities served by the Department of Human Services shall also receive necessary services, as appropriate for their needs, from other state agencies.
(2) In carrying out the provisions in subsection (1) of this section, the Department of Human Services shall negotiate interagency agreements and coordinate services with the Employment Department and the Department of Education for the provision of appropriate services to clients of the Department of Human Services who have disabilities.
(3)(a) Prior to approval of an appropriate living arrangement, as defined in ORS 410.040, administered by the Department of Human Services, all persons with disabilities shall be assessed by preadmission screening to ensure the appropriateness of the living arrangement.
(b) If a person with a disability is diagnosed as, or is reasonably believed to be, a person with a developmental disability, preadmission screening shall include a diagnostic evaluation as described in ORS 427.105.
(4) The Department of Human Services in coordination with the Department of Education shall work with nursing homes that have one or more residents under 18 years of age to develop a program appropriate to the needs of those residents. [1981 c.784 §4; 1985 c.180 §5; 1989 c.224 §74; 2001 c.900 §76; 2007 c.70 §167; 2011 c.658 §38; 2013 c.36 §67]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.065 - Comprehensive plan for long term care system.

(1) The Department of Human Services shall develop a comprehensive plan for Oregon’s long term care system for seniors and persons with physical disabilities.
(2) In developing the comprehensive plan, the department shall work with stakeholders, advocates for seniors and advocates for persons with physical disabilities.
(3) The comprehensive plan must include recommendations for:
(a) Improving the long term care system in Oregon;
(b) Improving access by seniors and persons with physical disabilities to services in the least restrictive long term care settings;
(c) Obtaining any Medicaid waivers that may be required; and
(d) Creating a reimbursement structure that ensures access to services while controlling costs and maintaining quality care by:
(A) Reexamining client acuity and appropriate service priority level designations;
(B) Developing reimbursement rates that are reasonably competitive with rates paid by private payers;
(C) Creating incentives for providers to participate in the state medical assistance program; and
(D) Addressing geographic differentials. [2008 c.37 §1]
Note:
410.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 410 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.072 - Determination of annual budget levels for type B area agencies; rules.

The Department of Human Services shall:
(1) Adopt by rule a methodology for determining biennial budget levels for type B area agencies for planning and administering programs for elderly persons and persons with disabilities that:
(a) Includes both direct and indirect costs; and
(b) Results in a budget level for each type B area agency that is not less than 95 percent of the amount that would otherwise be budgeted for a local department office serving elderly persons and persons with disabilities;
(2) Determine biennial budget levels for planning and administering programs for elderly persons and persons with disabilities for type B area agencies using the methodology adopted under subsection (1) of this section; and
(3) Submit an agency request budget based on budget levels determined under this section to the Oregon Department of Administrative Services in accordance with ORS 291.201 to 291.222. [2003 c.772 §2; 2009 c.460 §2; 2016 c.117 §64]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.074 - Consultation with representatives of type B area agencies on rules establishing methodology.

Before adopting the rules described in ORS 410.072, the Department of Human Services shall consult with representatives of type B area agencies. [2003 c.772 §4]
Note:
410.074 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 410 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.075 - Authority of department and Oregon Health Authority to hold title to property; rules.

The Department of Human Services or the Oregon Health Authority may take title to real and personal property in performing its duties under ORS 411.630, 411.708, 411.795, 416.310 and 416.350. Title shall be taken in the name of the department or the authority. The department or the authority may convey the property by deed or other appropriate conveyance under procedures adopted by rule of the department or the authority. [1993 c.249 §2; 2005 c.381 §23; 2011 c.720 §83]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.080 - Department as single state agency for specified federal programs; authority as single state agency for Title XIX and Title XXI programs.

(1) The Department of Human Services is the designated single state agency for all federal programs under ORS 409.010 and 410.040 to 410.300 except that the Oregon Health Authority is the single state agency responsible for supervising the administration of all programs funded by Title XIX or Title XXI of the Social Security Act as provided in ORS 413.032 (1)(i).
(2) Except as provided in ORS 410.070 (2)(d) and 410.100, the administration of services to clients under ORS 410.040 to 410.300 shall be through area agencies, and shall comply with all applicable federal regulations. [1981 c.784 §7; 2001 c.900 §246; 2005 c.22 §273; 2011 c.720 §84; 2013 c.681 §43]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.090 - Department to implement supportive social services for persons age 60 and older; rules.

(1) The Department of Human Services is directed to develop and place in effect a program of supportive social services for persons age 60 or older.
(2) The Department of Human Services is authorized to develop and adopt such rules as necessary for the sound, efficient and economical administration of the provisions of this section and ORS 410.320 to 410.340, including the implementation of a fee for service schedule based upon ability to pay, and to assure that no eligible person, resident in a skilled nursing home or intermediate care facility, shall be removed and placed in an alternative care program unless such services are determined to be more appropriate for the individual citizen based upon appropriate, individual, service considerations. [Formerly 184.865]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.100 - When department to administer area agency programs.

(1) In the event that a local government withdraws the designation of an area agency, or the Department of Human Services withdraws the area agency designation in accordance with the Older Americans Act, the department shall administer the services to clients previously performed by the area agency until a new area agency is designated.
(2) The department may withdraw any particular program or service, except Title III of the Older Americans Act programs, from the area agency, and administer such programs and services. Before such action is taken, the department must consult with the director of the area agency and the chief elected official of the affected local government. Such action shall be taken by the department only when it can be shown that the federal or state laws or rules have not been complied with, that state or federal funds are not being expended for the purposes for which they were intended, or that elderly persons are not receiving appropriate services within available resources. Withdrawal of any particular program or service is appealable to the Governor after requesting a reconsideration by the Director of Human Services. [1981 c.784 §10; 2001 c.900 §78; 2007 c.70 §169]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.120 - Senior and Disabled Services Account.

(1) There is established in the General Fund of the State Treasury an account to be known as the Senior and Disabled Services Account. All moneys in the Senior and Disabled Services Account are continuously appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the Senior and Disabled Services Account and all appropriations for the Department of Human Services shall be subject to allotment made by the Oregon Department of Administrative Services.
(2) The Department of Human Services shall keep a record of all moneys credited to and deposited in the Senior and Disabled Services Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.
(3) The unobligated balance in the Senior and Disabled Services Account on June 30 of each odd-numbered year shall be determined by the Department of Human Services as of September 30 following the close of each biennium and certified to the Oregon Department of Administrative Services. The amount certified pursuant to this subsection shall revert to the General Fund and become available for general governmental purposes. [1981 c.784 §25; 1989 c.787 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.140 - Records; rules.

The Department of Human Services shall make and enforce rules governing the custody, use and preservation of the records, papers, files and communications by any other agency or department of government or person to which the records may be furnished. Use shall be limited to the purposes for which the records are furnished and by the provisions of the law under which they may be furnished. [1981 c.784 §27]