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2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.215 - Policy.

(1) The Legislative Assembly recognizes the importance of providing a high quality of domiciliary care facilities throughout the State of Oregon.
(2) It is the intent of ORS 443.205 to 443.225 to distribute domiciliary care facility capacity on the basis of population and the regional origin of institutionalized persons. [1977 c.779 §1; formerly 184.875]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.225 - Location and capacity of domiciliary care facilities.

(1) Except as otherwise provided by subsections (3) and (4) of this section, the capacity of all domiciliary care facilities must be located throughout the state based on the relationship of the population of the county in which the additional capacity is proposed to be located to the number of persons originating from the county who are determined to be in need of domiciliary care. However, nothing in this subsection is intended to prevent the placement of a person who is or was not a resident of the county in a domiciliary care facility in the county.
(2) The Department of Human Services shall determine the number of persons originating from a county who are in need of domiciliary care if the domiciliary care facility is an adult foster home as defined in ORS 443.705, a residential care facility or residential training facility as those terms are defined in ORS 443.400 or other group care facility.
(3) The Oregon Health Authority shall determine the number of persons originating from a county who are in need of domiciliary care if the domiciliary care facility is a residential treatment facility as defined in ORS 443.400.
(4) When a county is too sparsely populated to produce a meaningful ratio of county population to population in need, or a county is lacking necessary support services, the population of two or more counties may be combined. The area of the combined counties may be considered a county for purposes of subsection (1) of this section.
(5) The computation required by subsection (1) of this section does not require reduction in any domiciliary care facility capacity existing on October 4, 1977.
(6) Subject to the appropriate licensing requirements, the governing body of a county may authorize a domiciliary care facility located in the county to exceed the capacity limit imposed by subsection (1) of this section upon:
(a) Request of an individual or organization operating or proposing to operate a domiciliary care facility;
(b) Consultation with an advisory committee appointed by the governing body and consisting of persons who are particularly interested in the type of domiciliary care facility contemplated; and
(c) Finding of good cause following notice and public hearing. [1977 c.779 §2; 1979 c.235 §1; formerly 184.880; 2007 c.71 §132; 2009 c.595 §776]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.305 - Definitions for ORS 443.305 to 443.350.

As used in ORS 443.305 to 443.350:
(1) "In-home care agency" means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual’s place of residence. "In-home care agency" does not include a home health agency as defined in ORS 443.014.
(2) "In-home care services" means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual’s daily needs, but does not include curative or rehabilitative services.
(3) "Subunit" means an in-home care agency that provides services for a parent agency in a geographic area different from that of the parent agency and more than 60 miles from the location of the parent agency. [1999 c.1034 §1; 2013 c.61 §5]
Note:
443.305 to 443.350 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.325 - Grounds for denial, suspension or revocation of license; penalties.

(1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder. A failure to comply with ORS 443.305 to 443.350 includes, but is not limited to:
(a) Failure to provide a written disclosure statement to the client or the client’s representative prior to in-home care services being rendered;
(b) Failure to provide the contracted in-home care services;
(c) Failure to correct deficiencies identified during an inspection by the authority; or
(d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of:
(A) Employment or wage laws in this state, as prescribed by the authority by rule:
(i) By an in-home care agency licensee as an employer of staff in an in-home care agency; or
(ii) By an applicant for an in-home care agency license in any business owned or operated by the applicant; or
(B) Caregiver training requirements, as established by the authority by rule, in any in-home care agency owned or operated by an in-home care agency licensee.
(2) The authority may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.004. [1999 c.1034 §3; 2007 c.897 §2; 2009 c.595 §776b; 2009 c.792 §26; 2009 c.828 §87; 2019 c.680 §5]
Note:
See note under 443.305.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.327 - Injunctive relief; attorney fees and costs; notice to clients.

(1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of an in-home care agency without a license. The authority may recover attorney fees and court costs for any such action.
(2) If an in-home care agency is found to be operating without a valid license, the in-home care agency must provide notice to its clients in a manner and period of time set forth by the authority. [2007 c.897 §4; 2009 c.595 §776c]
Note:
See note under 443.305.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.340 - Rules.

The Oregon Health Authority shall adopt administrative rules necessary for the implementation and administration of ORS 443.305 to 443.350. These rules shall include, but are not limited to, a requirement that an in-home care agency must conduct criminal background checks on all individuals employed by or contracting with the agency as in-home caregivers. [1999 c.1034 §4; 2001 c.900 §182; 2009 c.595 §776d]
Note:
See note under 443.305.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.345 - Disposition of moneys.

All moneys received pursuant to ORS 443.315, 443.325 and 443.327 shall be deposited in the State Treasury and credited to an account designated by the Oregon Health Authority. Such moneys are continuously appropriated to the authority for the administration of ORS 443.305 to 443.350. [1999 c.1034 §5; 2007 c.897 §5; 2009 c.595 §776e]
Note:
See note under 443.305.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.350 - Applicability.

The provisions of ORS 443.305 to 443.350 do not apply to organizations licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725, 443.860 or 443.886. [1999 c.1034 §6]
Note:
See note under 443.305.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.355

[2009 c.792 §19; 2009 c.792 §67; 2011 c.70 §17; 2023 c.199 §2; renumbered 443.013 in 2023]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.370 - Definitions for ORS 443.370 to 443.376.

As used in ORS 443.370 to 443.376:
(1) "Client" means an individual who seeks a long term care referral for the individual or for another individual.
(2) "Facility" means:
(a) A long term care facility as defined in ORS 442.015.
(b) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility and a facility marketed as a memory care community.
(c) An adult foster home as defined in ORS 443.705.
(d) A continuing care retirement community as defined in ORS 101.020.
(3) "Long term care referral" means a referral to a facility in connection with which the referral agent receives compensation from the facility.
(4) "Placement information" means any information a person collects from a client about the client or the subject of placement, including but not limited to name, electronic mail address, phone number, zip code, medical history, information about necessary assistance for activities of daily living or the reasons for seeking long term care.
(5)(a) "Referral agent" means a person that provides long term care referrals.
(b) "Referral agent" does not include:
(A) A facility or its employees.
(B) A resident or patron of a facility who refers a client to a facility and receives a discount or other remuneration from the facility.
(C) A public body as defined in ORS 174.109.
(6) "Subject of placement" means the individual to be placed with a facility through a long term care referral. [2017 c.656 §1]
Note:
443.370 to 443.376 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.373 - Registration to provide long term care referrals; rules; fee.

(1) A person may not provide a long term care referral unless the person is registered with the Department of Human Services under this section.
(2) The department shall issue a registration to provide long term care referrals to an applicant who meets requirements established by the department by rule and pays a $750 fee.
(3) A registration issued under this section must be renewed every two years. The department shall set the renewal fee by rule, but the renewal fee may not exceed $750.
(4) The department shall require an applicant to:
(a) Identify an individual responsible for the application;
(b) Demonstrate that the applicant meets the requirements of ORS 443.376;
(c) Demonstrate that the applicant maintains at least $1 million in general liability insurance; and
(d) Perform background checks on referral agents who have direct contact with clients, as defined by rule of the department.
(5) The department may adopt rules as necessary to administer ORS 443.370 to 443.376.
(6) The department may impose a civil penalty on a person for violation of ORS 443.370 to 443.376 or violation of rules adopted under ORS 443.370 to 443.376. [2017 c.656 §3]
Note:
See note under 443.370.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.378 - Housing with services projects.

(1) As used in this section:
(a) "Coordinate" means to provide proactive and systematic assistance in obtaining, facilitation of and connection with health and social services, through communication, collaboration and sharing of information among providers of health and social services.
(b) "Health and social services" means:
(A) Case management;
(B) Health navigation;
(C) Mental health and addiction supports and services;
(D) In-home supports, including housekeeping, personal care, meal preparation, laundry services and transportation; and
(E) Food insecurity interventions.
(c)(A) "Housing with services project" means an entity that coordinates two or more health and social services for senior citizens and people with disabilities who are living in publicly subsidized or private congregate settings.
(B) "Housing with services project" does not include:
(i) A health care facility licensed under ORS 441.015.
(ii) A residential facility licensed under ORS 443.410.
(iii) An adult foster home licensed under ORS 443.725.
(iv) A continuing care retirement community as defined in ORS 101.020.
(v) A program of all-inclusive care for the elderly as described in 42 C.F.R. 460.6.
(vi) Transient lodging as defined in ORS 320.300.
(vii) A hotel as defined in ORS 699.005.
(2) Except as provided in subsection (3) of this section, a housing with services project shall register with the Department of Human Services by submitting the name, address and primary contact of the housing with services project to the department.
(3)(a) A housing with services project is not required to register with the Department of Human Services under this section if the housing with services project is regulated by the Housing and Community Services Department or the federal Department of Housing and Urban Development.
(b) The Department of Human Services and the Housing and Community Services Department shall collaborate to develop a joint inventory of the names and addresses of housing with services projects that are not required to register under this section.
(c) The Department of Human Services shall collaborate with the federal Department of Housing and Urban Development to obtain the names and addresses of subsidized senior housing properties regulated by or on record at the federal Department of Housing and Urban Development.
(4) The Department of Human Services shall provide housing with services projects with information on resources available for tenants, including but not limited to:
(a) Information about the Aging and Disability Resource Connection.
(b) Information about hotlines for reporting abuse.
(5) The Department of Human Services may adopt rules implementing this section. [2017 c.219 §1]
Note:
443.378 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.380 - Definitions for ORS 443.380 to 443.394.

As used in ORS 443.380 to 443.394:
(1) "Administrative action" means an action, inaction or decision by an owner, employee or agent of a residential facility or by a state, local, social service or health agency that could affect the health, safety, welfare or rights of residents of the facility.
(2) "Designee" means an individual appointed by the Residential Facilities Ombudsman in accordance with ORS 443.386.
(3) "Legal representative" means a person to whom a resident or a court has granted legal authority to permit access to the resident’s personal information and medical records.
(4) "Long Term Care Ombudsman" means the individual appointed by the Governor under ORS 441.403.
(5) "Resident" means an individual who resides in a residential facility.
(6)(a) "Residential facility" means one of the following:
(A) A residential training facility, as defined in ORS 443.400.
(B) A residential training home, as defined in ORS 443.400.
(C) A licensed adult foster home as defined in ORS 443.705 that serves persons with mental illness or developmental disabilities.
(D) A developmental disability child foster home, as defined in ORS 443.830.
(E) A residential treatment facility, as defined in ORS 443.400.
(F) A residential treatment home, as defined in ORS 443.400.
(G) A conversion facility licensed under ORS 443.431.
(b) "Residential facility" does not include a:
(A) Secured facility housing persons committed under ORS 161.327; or
(B) Facility licensed by the Oregon Health Authority to provide alcohol and drug treatment.
(7) "Residential Facilities Ombudsman Program" means the services provided by the Residential Facilities Ombudsman. [2017 c.441 §1; 2017 c.679 §22]
Note:
443.380 to 443.396 were enacted into law by the Legislative Assembly but were 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.384 - Agencies to provide information and support.

(1) The Oregon Health Authority, the Department of Human Services and the Residential Facilities Ombudsman shall agree to a format for the authority and the department to provide monthly to the ombudsman updated demographic and licensing information regarding each residential facility for which the Residential Facilities Ombudsman has responsibilities under this section.
(2) All state agencies, their representatives and service providers shall cooperate with and assist the Residential Facilities Ombudsman and designees in the performance of the ombudsman’s duties and functions. [2017 c.441 §3]
Note:
See note under 443.380.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.386 - Designees of ombudsman; training; contract.

(1) The Residential Facilities Ombudsman shall, in consultation with the Long Term Care Ombudsman, appoint designees to serve as representatives of the ombudsman in local communities. The ombudsman shall regularly monitor the functions of designees.
(2) The Residential Facilities Ombudsman shall prescribe the qualifications of designees by rule.
(3) To be appointed as a designee, a person must complete an initial training prescribed by the Residential Facilities Ombudsman by rule and attend required continuing educational training sessions that are approved by the ombudsman.
(4) Designees must sign a contract with the Residential Facilities Ombudsman that outlines the scope of their duties. Violation of the contract is cause for terminating the appointment of a designee. [2017 c.441 §4]
Note:
See note under 443.380.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]
2023 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 treatment facility is $60.
(b) The application fee for a residential training home or residential training facility shall be prescribed by the department pursuant to ORS 427.021.
(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; 2023 c.206 §3]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.425 - License term; contents; renewal; fee.

(1) Licensure under ORS 443.415 is effective for two years from the date of issue unless sooner revoked. Each license shall state:
(a) The name of the person operating the residential facility;
(b) The name of the person who owns the residential facility and, for a residential training facility or a residential training home, all persons with an ownership interest of five percent or more;
(c) The address of the premises to which the license applies and the maximum number of residents to be maintained in the residential facility at any time whether the residential facility is licensed as a residential training facility, a residential treatment facility, a residential care facility, a residential training home or residential treatment home; and
(d) Other information that the Department of Human Services or the Oregon Health Authority considers necessary.
(2) A license is renewable upon submission of an application to the department or the authority and payment of a renewal fee. No fee is required of a governmentally operated residential facility. Filing of an application for renewal before the date of expiration of a license extends the effective date of expiration of the license until the licensing agency has acted upon the application. The licensing agency shall refuse to renew a license if:
(a) The facility is not substantially in compliance with all applicable laws and rules;
(b) For a residential care facility, the facility has failed an inspection of the kitchen or other areas where food is prepared for residents that was conducted by the department in accordance with ORS 443.417, except as provided in ORS 443.417 (2); or
(c) 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.
(3)(a) The biennial renewal fee for a residential training facility or a residential treatment facility is $60.
(b) The biennial renewal fee for a residential training home is $50.
(c) The biennial renewal fee for a residential treatment home is $30.
(d) The biennial renewal fee for a residential care facility is:
(A) For a facility with one to 15 beds, $1,000.
(B) For a facility with 16 to 49 beds, $1,500.
(C) For a facility with 50 to 99 beds, $2,000.
(D) For a facility with 100 to 150 beds, $2,500.
(E) For a facility with more than 150 beds, $3,000. [1977 c.717 §9; 1983 c.47 §1; 1983 c.740 §162; 1987 c.548 §3; 2009 c.595 §783; 2009 c.837 §27; 2017 c.679 §13a; 2017 c.707 §5; 2019 c.592 §6; 2021 c.316 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.430 - Transferability of license; disposition of license fees.

(1) A license under ORS 443.415 is not transferable or applicable to any location, residential facility or management other than that indicated on the application for licensure.
(2) Except as provided in subsection (3) of this section:
(a) All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing a residential care facility, residential training facility or residential training home shall be deposited in a special account in the General Fund and are continuously appropriated for payment of expenses incurred by the Department of Human Services in administering and enforcing ORS 443.400 to 443.455.
(b) All moneys collected under ORS 443.400 to 443.455 for the purpose of licensing a residential treatment facility or residential treatment home shall be deposited in a special account in the General Fund and are continuously appropriated for payment of expenses incurred by the Oregon Health Authority in administering and enforcing ORS 443.400 to 443.455.
(3) All moneys collected from a residential care facility under ORS 443.415, 443.425 or 443.455 shall be deposited in the Quality Care Fund established in ORS 443.001. [1977 c.717 §10; 1983 c.47 §2; 2009 c.595 §784; 2009 c.828 §88; 2021 c.97 §60]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.431 - Conversion facilities; fee; rules.

(1) A facility that is licensed as a long term care facility under ORS 441.025 may apply to the Department of Human Services for licensure as a conversion facility. The department shall issue a conversion facility license upon receipt of an application and a fee that meet requirements established by the department by rule.
(2)(a) The department shall adopt rules governing the conversion of a facility’s license from a long term care facility license to a residential care facility license and the regulation of the facility during the conversion period.
(b) As of the date of licensure as a conversion facility, the conversion facility must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit requirements.
(3) As used in this section, "substantial compliance" means a level of compliance with state law and with rules of the department such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents. [2017 c.679 §20]