reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 87 - NURSING FACILITIES/LICENSING - PHYSICAL ENVIRONMENT › Section 411-087-0490 - Elevator Systems

Current through Register Vol. 63, No. 7, July 1, 2024
All buildings having residents' facilities (such as bedrooms,
				dining rooms, or recreation areas) or resident services (such as diagnostic or
				therapy) located on a floor other than the main entrance floor shall have
				electric or electro-hydraulic elevators. Installation and testing of elevators
				shall comply with requirements of the Oregon Building Codes Division Elevator
				Safety Section:
(1) Number:
(a) Buildings required to have elevators
			 under this rule shall have at least one hospital-type elevator;
(b) Buildings with 60 to 200 beds located on
			 floors other than the main entrance floor or where the major inpatient services
			 are located on a floor other than those containing resident beds shall have at
			 least two elevators;
(c) Buildings
			 with more than 200 beds located on floors other than the main entrance floor
			 shall have at least three elevators.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These Oregon Administrative Rules, OAR
				411-088-0000 through
				411-088-0080, shall be known as
				the "Transfer Rules." The purpose of these rules is to ensure that:
(1) Unnecessary transfers do not
			 occur;
(2) When transfers are
			 necessary, precautions are taken by the facility to minimize risk to the
			 resident and to help ensure the transfer will result in an environment that is
			 suited to meet the resident's needs; and
(3) Residents who leave to go to a hospital,
			 or who choose to go to any other environment (except another nursing facility),
			 may return; and
(4) Residents are
			 provided with information on their rights relative to the transfer process
			 prior to a voluntary or involuntary transfer.
Stat. Auth.: ORS 410 & ORS 411.055
Stats. Implemented: ORS
				  441.055, ORS
				  441.600 & ORS
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0007 - Voluntary Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 Consent Required. Written consent for a voluntary transfer is required. Consent
			 must be in writing on the form provided by the Division on the back page of the
			 brochure,
"Leaving the Nursing Facility"
. If a resident has
			 substantially impaired cognitive powers, consent may only be given by a person
			 designated by the resident to receive notice or, if none, the resident's legal
			 representative.
(2) Documentation.
			 The completed consent form must be kept in the resident's clinical
			 record.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 410 & ORS
				  441.055
Stats. Implemented: ORS
				  441.055, ORS
				  441.600 & ORS
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0010 - Involuntary Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
Unless a transfer is voluntary, no resident may be transferred
				from a facility except for the reasons and according to the procedures
				described in these Transfer Rules. These rules shall only apply to residents in
				nursing facility beds or persons returning to nursing facility
				beds.
Stat. Auth.: ORS 410 & ORS 441
Stats. Implemented: ORS
				  441.055, ORS
				  441.600 & ORS
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0020 - Basis for Involuntary Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
Upon compliance with these transfer rules (OAR 411-088), an
				involuntary transfer of a resident may be made when one of the reasons
				specified in this rule exists.
(1)
			 MEDICAL AND WELFARE REASONS.
(a) A resident
			 may be transferred when the resident's physician states in writing that:
(A) The resident's health has improved
			 sufficiently so the resident no longer needs the services provided by the
			 facility; or
(B) The facility is
			 unable to meet the resident's needs and the facility has identified another
			 environment available to the resident that may better meet the resident's
			 needs. The Department shall assist the facility in the facility's effort to
			 identify another environment for the resident.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0030 - Considerations Required Prior to Involuntary Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to issuing a notice for an involuntary transfer, in order
				to determine the appropriateness of transfer, the facility shall consider the
				following:
(1) The availability of
			 alternatives to transfer.
(2) The
			 resident's ties to family and community.
(3) The relationships the resident has
			 developed with other residents and facility staff.
(4) The duration of the resident's stay at
			 the facility.
(5) The medical needs
			 of the resident and the availability of medical services.
(6) The age of the resident and degree of
			 physical and cognitive impairment.
(7) The availability of a receiving facility
			 that would accept the resident and provide service consistent with the
			 resident's need for care.
(8) The
			 consistency of the receiving facility's services with the activities and
			 routine with which the resident is familiar, and the receiving facility's
			 ability to provide the resident with similar access to personal items
			 significant to the resident and enjoyed by the resident at the transferring
			 facility.
(9) The probability that
			 the transfer would result in improved or worsened mental, physical, or social
			 functioning, or in reduced dependency of the resident.
(10) The type and amount of preparation for
			 the move, including but not limited to:
(a)
			 Solicitation of the resident's friends and/or family in preparing the resident
			 for the move;
(b) Visitation by the
			 resident to (prior to actual transfer) or familiarity of the resident with the
			 place to which the resident is to be transferred.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0040 - Involuntary Transfer Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility
			 shall not involuntarily transfer a resident for medical or welfare reasons
			 under OAR 411-088-0020(1)(a) through
			 (f) if the risk of physical or emotional
			 trauma significantly outweighs the risk to the resident and/or to other
			 residents if no transfer were to occur.
(2) The facility shall not involuntarily
			 transfer a resident for any other reasons under OAR
			 411-088-0020 if the transfer
			 presents a substantial risk of morbidity or mortality to the
			 resident.
(3) The facility shall
			 not transfer, discharge or evict a resident from a facility based in whole or
			 in part on a resident's actual or perceived sexual orientation, gender
			 identity, gender expression or human immunodeficiency virus status as defined
			 in OAR 411-085-0005.
Statutory/Other Authority: ORS
				  410.070,
				  441.122,
				  441.373 &
				  441.615
Statutes/Other Implemented: ORS
				  441.055,
				  441.112,
				  441.600 &
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0040 - Involuntary Transfer Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility
			 shall not involuntarily transfer a resident for medical or welfare reasons
			 under OAR 411-088-0020(1)(a) through
			 (f) if the risk of physical or emotional
			 trauma significantly outweighs the risk to the resident and/or to other
			 residents if no transfer were to occur.
(2) The facility shall not involuntarily
			 transfer a resident for any other reasons under OAR
			 411-088-0020 if the transfer
			 presents a substantial risk of morbidity or mortality to the
			 resident.
Stat. Auth.: ORS 410 & ORS 441
Stats. Implemented: ORS
				  441.055, ORS
				  441.600 & ORS
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0050 - Right to Return from Hospital

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a resident is transferred to a hospital, the facility may not fill the
			 resident's bed with another person if the resident or the resident's legal
			 representative offers payment, or reimbursement is available from the
			 Department, for the period of the hospital stay. If payment or reimbursement is
			 offered or available, from or on behalf of the resident, the Department, or a
			 combination thereof, or if the facility has not complied in full with section
			 (2) of this rule, the resident shall have the right of return to his or her bed
			 immediately after the period of hospital stay.
(2) The Administrator, or his or her
			 designee, is responsible for notifying the resident or legal representative and
			 any agency responsible for the welfare or support of the resident of the option
			 to offer payment to hold the bed prior to filling the bed with another person.
			 This notification shall be documented in the resident's record by either the
			 resident's or legal representative's written agreement to pay or rejection of
			 the option to pay.
(3) If the
			 resident is unable, due to physical or mental incapacity, to enter such
			 agreement and there is no legal representative known to the facility, this fact
			 shall be documented in the resident's record and the resident's bed may
			 thereafter be filled upon issuance of the notice (SDS 0510).
(4) If the resident's bed has been given to
			 another person because payment was not offered, the resident shall have
			 priority for readmission over all other persons with a right to readmission and
			 over any waiting list.
(5) If a
			 former resident or his or her legal representative requests right of return and
			 the facility denies right of return, then the facility shall give written
			 notice (SDS 0510).
(6) Persons
			 with right of return have priority over all persons with right of readmission.
(7) Residents with a right of
			 return are entitled to return to the facility immediately upon discharge from
			 the hospital unless the resident's bed has been filled in compliance with this
			 rule and there is no available bed in the facility.
The Exhibit(s) referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS 410 &
				  441.055
Stats. Implemented: ORS
				  441.055,
				  441.600 &
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0060 - Right to Readmission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person transferred from a facility voluntarily or involuntarily shall have the
			 right of readmission to the facility from which the person was transferred,
			 provided that:
(a) A request for readmission
			 is made within 180 days of the date of transfer;
(b) The person is eligible by means of
			 payment and requires nursing facility care; and
(c) No determination was made at informal
			 conference or hearing that the person does not have the right of readmission.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0070 - Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NOTICE
			 LENGTH:
(a) A facility must provide a
			 resident transferred from the facility a minimum of 30 days prior written
			 notice unless otherwise provided under this section.
(b) A resident may be involuntarily
			 transferred under OAR
			 411-088-0020(1)(b)
			 (Life or Safety Threat) or
			 411-088-0020(1)(c)
			 (Behavior Problem) with fewer than 30 days prior written notice if the reason
			 for the transfer constitutes an emergency. However, the facility must give as
			 much prior written notice as the emergency permits.
(c) A resident may be involuntarily
			 transferred under OAR
			 411-088-0020(1)(d)
			 (Medical Emergency) with no prior notice. However, the facility must give
			 written notice before giving the resident's bed to another person.
(d) A resident involuntarily transferred
			 under OAR 411-088-0020(1)(g)
			 (Post-Hospital Extended Care Services or Specialized Services) and cared for in
			 the facility for less than 30 days may be transferred with fewer than 30 days
			 prior written notice.
(A) In such cases, the
			 resident must be provided with written notice no shorter than the length of the
			 resident's current stay in the nursing facility.
(B) The notice may be issued at the time of
			 the resident's admission or as soon as the length of time for projected course
			 of treatment is estimated.
(C)
			 Section (1)(d) of this rule does not apply if the resident had a right of
			 readmission to the same facility as described in OAR
			 411-088-0060 prior to the
			 hospital, surgical, or emergency department services.
(e) A facility must provide a resident
			 involuntarily transferred under OAR
			 411-088-0020(1)(b) or
			 (e) (Governmental Action) a minimum of 14
			 days prior written notice.
(f) A
			 facility must immediately notify a resident denied the right of return or the
			 right of readmission. The facility must also provide the resident written
			 notice that is mailed (registered or certified) or delivered in person within
			 five days from the date of request for return or readmission. A denial of right
			 of return or readmission is allowable only if there is good cause to believe
			 the resident lacks such right (see OAR
			 411-088-0050,
			 411-088-0060, and
			 411-088-0080).
(g) A facility must provide written notice to
			 a resident involuntarily transferred under OAR
			 411-088-0020(1)(f)
			 (Termination of Operations as a Nursing Facility).
(A) In the case of voluntary closure, written
			 notice must be provided 60 days prior to facility closure.
(B) In the case of involuntary closure,
			 written notice must be provided as determined by the Department.
(h) A facility must provide
			 written notice to a resident voluntarily transferring from a facility pursuant
			 to this rule and must maintain the signed consent form in the resident's
			 medical record.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0080 - Informal Conference and Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A resident who is to be involuntarily
			 transferred or refused the right of return or readmission is entitled to an
			 informal conference and hearing as provided in this rule.
(2) CONFERENCE REQUEST.
(a) Upon receipt of a notice, a resident, any
			 designated agency, or person acting on the resident's or former resident's
			 behalf, may request an informal conference on the form provided on the
			 brochure, "Leaving the Nursing Facility".
(A)
			 The request for informal conference must be mailed to the Department within 10
			 business days of the service or delivery of the notice. The Department shall
			 immediately notify the licensee of the request.
(B) The Department may extend the time
			 allowed for requesting an informal conference if the Department determines that
			 good cause exists for failure to make a timely request.
(C) Any facility management personnel or
			 employee involved in providing nursing or other direct care who receives any
			 oral or written indication of a desire for an informal conference from a
			 resident must immediately notify the facility administrator. The administrator
			 must immediately thereupon provide notification to the Department.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0010 - Inspections and Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Frequency. The Department shall, in addition to any investigations conducted
			 pursuant to complaints, conduct a general in-person inspection of each facility
			 to determine compliance with nursing facility laws on a schedule consistent
			 with the survey schedule defined by the Centers for Medicare and Medicaid
			 Services (CMS), and at such other times as the Department deems
			 necessary.
(2) Content. The general
			 in-person inspection includes a review of resident care practices. Results of
			 the review shall be summarized on the survey form.
(3) Documentation: A nursing facility shall
			 maintain all written documentation required by Oregon law. Such written
			 documentation shall be kept on the facility premises. When documents and
			 records are requested by the Department, the facility shall make the requested
			 materials available to the investigator or inspector for review and
			 copying.
Statutory/Other Authority: ORS
				  410.070,
				  441.055 &
				  441.615
Statutes/Other Implemented: ORS
				  441.087,
				  441.050,
				  441.615,
				  441.630,
				  441.690,
				  441.695 &
				  441.710
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0020 - Sanctions, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Information collected during a visit by any Department, local APD, or Area
			 Agency on Aging representative, regardless of the reason for the visit, may be
			 used as a basis for any sanction imposed by the Department.
(2) The use of any one sanction by the
			 Department does not preclude the implementation of any other sanctions for the
			 same deficiencies.
(3) The
			 Department may seek appropriate administrative or injunctive relief before the
			 completion of an investigation or inspection if it appears a resident might
			 otherwise be deprived of rights secured by federal or state law.
(4) If after an investigation or inspection
			 the Department believes there is substantial evidence a violation has occurred
			 or is occurring, the Department may seek, by administrative or judicial means,
			 to obtain such remedial relief as may be appropriate, including voluntary
			 compliance, contested case, and injunction proceedings.
Stat. Auth.: ORS
				  441.055,
				  441.615 &
				  441.070
Stats. Implemented: ORS
				  411.050,
				  441.615 &
				  441.710
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0030 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of imposing civil penalties, facilities licensed under ORS
			 441.015 are considered to be
			 long-term care facilities subject to ORS
			 441.705 to
			 441.745.
(2) For purposes of this rule:
(a)"Resident rights" means that each resident
			 must be assured the same civil and human rights accorded to other citizens as
			 described in OAR 411-085-0310 through
			 411-085-0350.
(b) "Harm" means a measurable negative impact
			 to a resident's physical, mental, financial, or emotional well-being.
(c) "Minor harm" means harm resulting in no
			 more than temporary physical, mental, or emotional discomfort or pain without
			 loss of function, or in financial loss of less than $1,000.
(d) "Moderate harm" means harm resulting in
			 temporary loss of physical, mental, or emotional function, or in financial loss
			 of $1,000 or more, but less than $5,000.
(e) "Serious harm" means harm resulting in
			 long-term or permanent loss of physical, mental, or emotional function, or in
			 financial loss of $5,000 or more.
(f) "Financial loss" means loss of resident
			 property or money as a result of financial exploitation, as defined in ORS
			 124.050. Financial loss does not
			 include loss of resident property or money that results from action or inaction
			 of an individual not employed or contracted with the facility, or that arises
			 from the action or inaction of an individual employed or contracted with the
			 facility if the action or inaction occurs while the individual is not
			 performing employment or contractual duties.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0050 - Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The
			 purpose of this rule is to protect nursing facility residents and prospective
			 residents from threats to their health, safety, and welfare, and to help ensure
			 the attention of facilities with serious deficiencies is directed toward
			 correcting those deficiencies.
(2)
			 For the purpose of these rules, the following definitions apply:
(a) "Immediate Jeopardy" means a situation in
			 which the failure of a nursing facility to comply with a rule of the Department
			 has caused or is likely to cause serious injury, serious harm, serious
			 impairment, or death to a resident.
(b) "Substantial Compliance" means a level of
			 compliance with state law and with rules of the Department such that any
			 identified deficiencies pose no actual harm or no more than potential for minor
			 harm to the health or safety of residents of a facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0070 - Facility Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Moneys in the
			 Facility Fund are appropriated to the Department to pay for the reasonable
			 expenses of a trustee or temporary manager.
(2) BASIS FOR APPOINTMENT.
(a) A trustee may be appointed when a court
			 finds the health and welfare of facility residents are in jeopardy pursuant to
			 ORS 441.281.
(b) A temporary manager may be appointed by
			 the Department, with consent of the licensee, if the Department determines the
			 health or safety of facility residents is in jeopardy pursuant to OAR
			 411-089-0075.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0075 - Temporary Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APPOINTMENT.
			 The Department, with the consent of the licensee, may appoint a temporary
			 manager to assume control of the day-to-day operation of the facility in
			 accordance with Oregon Laws 2009, chapter 539, sections 14 through 18. The
			 appointment may be for a period not to exceed six months.
(2) CRITERIA. A temporary manager may be
			 appointed if the Department determines the health or safety of residents in the
			 facility are, or in the immediate future shall be, in jeopardy based upon:
(a) The licensee's unwillingness or inability
			 to comply with Department rules in the operation of the facility;
(b) The imminent insolvency of the facility;
(c) The Department's revocation or
			 suspension of the license of the facility; or
(d) The Department's determination the
			 licensee intends to cease operations and to close the facility without adequate
			 arrangements for the relocation of the residents.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0110 - Initial Status Report (Abuse Complaints Only)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial Status Report for Abuse
			 Investigations (Local APD or Type B AAA Office). Except in cases where the
			 investigation is part of a general inspection pursuant to federal law, the
			 local APD or Type B AAA office shall complete an Initial Status Report for all
			 abuse investigations within two working days of the start of the investigation.
(2) Content. The Initial Status
			 Report shall include:
(a) A summary of the
			 complaint identifying each alleged incident or problem. The Initial Status
			 Report shall not include names of residents, complainants, or other people
			 interviewed during the investigation;
(b) The status of the investigation;
(c) Whether the complaint was
			 filed at the direction of facility administration;
(d) A determination of whether action to
			 protect the residents is needed and whether the facility must take action;
(e) The name and telephone number
			 of the investigator;
(f) The
			 projected date the Complaint Investigation Report must be completed; and
(g) A statement that the Complaint
			 Investigation Report is available upon request after the Department issues a
			 Letter of Determination.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0120 - Complaint Investigation Report (Local SPD/AAA Office)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Report Required. The investigator shall
			 write a complaint investigation report after each investigation is completed.
(2) Content. The complaint
			 investigation and the findings of the investigation shall be summarized on the
			 complaint investigation report form. The form shall not include the names of
			 any resident, complainant, or persons interviewed. The investigation report
			 shall include:
(a) The nature of the
			 allegations;
(b) The
			 investigator's personal observations relating to relevant evidence, including
			 the dates and times of each incident (as appropriate);
(c) A summary of the documents reviewed;
(d) A summary of each interview;
(e) The investigator's findings
			 regarding the incident or problem alleged in each allegation; and
(f) The factual basis for the finding.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0130 - Division Findings for Complaint Investigations (OLRO)

Current through Register Vol. 63, No. 7, July 1, 2024
OLRO Review. OLRO shall review the Complaint Investigation
				Report and any evidence submitted with the report.
(1) OLRO Determination. OLRO shall review the
			 Complaint Investigation Report and shall determine for each alleged violation:
(a) There is "Substantiated abuse," which
			 means a reasonable person is able objectively to conclude it is more likely
			 than not abuse occurred, including identification of rule violated;
(b) There is "Substantiated, non-abuse,"
			 which means a reasonable person is able objectively to conclude it is more
			 likely than not a rule violation, other than abuse, occurred, including
			 identification of rule violated;
(c) Is "Unsubstantiated," which means a
			 reasonable person is able objectively to conclude it is unlikely any rule
			 violation occurred; or
(d) Is
			 "Unable to Substantiate," which means an investigation is not completed because
			 necessary, relevant information is unable to be obtained; or that following a
			 complete investigation, a reasonable person is unable objectively to conclude
			 whether it was more or less likely a rule violation occurred.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 89 - NURSING FACILITIES/LICENSING - COMPLAINTS, INSPECTIONS, AND SANCTIONS › Section 411-089-0140 - Letters of Determination

Current through Register Vol. 63, No. 7, July 1, 2024
Within 60 days of receipt by the Department of the
				investigation report, the Department shall issue a letter of determination.
(1) CONTENT. The letter of
			 determination shall:
(a) Explain the nature
			 of each allegation;
(b) Include
			 the date and time of each occurrence;
(c) For each allegation, include a
			 determination of whether the allegation is substantiated, unsubstantiated, or
			 unable to substantiate;
(d) For
			 each substantiated allegation, state whether the violation was abuse or another
			 rule violation;
(e) For each
			 substantiated allegation of abuse, explain the Department's determination of
			 responsibility;
(f) Include a copy
			 of the complaint investigation report;
(g) State that the complainant, any
			 individual found responsible for abuse, and the facility have 10 days to
			 provide additional or different information; and
(h) Explain, when applicable, if sanctions
			 (e.g., civil penalty, license revocation) are pursued, a formal appeal process
			 shall be available.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of the rules in OAR chapter 411, division 90 is to establish standards for the
			 endorsement of Ventilator Assisted Programs. The Ventilator Assisted Program
			 provides specialized services for individuals dependent on invasive mechanical
			 ventilation as a means of life support, individuals who are dependent on BiPAP
			 or CPAP due to acute respiratory failure, and individuals who are transitioning
			 from mechanical ventilation.
(2)
			 These rules are designed to ensure residents living in nursing facilities who
			 receive services under the Ventilator Assisted Program have a positive quality
			 of life, consumer protection, and person-centered care. Residents' rights,
			 dignity, choice, comfort, and independence are promoted in this setting. The
			 endorsement of a nursing facility Ventilator Assisted Program does not
			 constitute a recommendation of the nursing facility by the Department of Human
			 Services, Aging and People with Disabilities Program.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  441.055,
				  441.615
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  441.055,
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0130 - Endorsement Renewal and Relinquishment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ENDORSEMENT RENEWAL. Endorsement renewal
			 must be made at the same time as the facility's license renewal.
(2) If the initial endorsement approval falls
			 within three months of the facility's license renewal, an automatic exception
			 shall be granted and the endorsement renewal shall be made at the time of the
			 next renewal of the facility's license.
(3) RELINQUISHMENT OF ENDORSEMENT. The
			 licensee must notify the Department in writing at least 90 days prior to the
			 voluntary relinquishment of the endorsement of a Ventilator Assisted Program.
			 For voluntary relinquishment, the facility must comply with OAR chapter 411,
			 division 88, along with the additional following requirements:
(a) Give all residents and their designated
			 representatives 60-day written notice. The written notice must include:
(A) The proposed effective date of the
			 relinquishment.
(B) Reference to
			 other Ventilator Assisted Programs.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0140 - Advertising of a Ventilator Assisted Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant may not advertise as an
			 endorsed Ventilator Assisted Program facility until the applicant has obtained
			 an endorsement from the Department. A prospective Ventilator Assisted Program
			 facility may advertise as such if they have submitted an endorsement
			 application to the Department.
(2)
			 A facility with a valid endorsement may advertise it has an endorsement.
			 However, the advertising materials may not imply or state the Department
			 recommends or supports a specific facility.
(3) All advertising material must be truthful
			 and may not include or use coercive or misleading information about the
			 endorsement of the facility.
(4)
			 Upon the determination that a non-endorsed facility implies or advertises they
			 have an endorsement, the Department shall send a notice to the licensee to
			 cease the advertising immediately. Failure to comply may result in a civil
			 penalty as outlined in OAR
			 411-089-0030.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  441.055,
				  441.615
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  441.055
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0150 - Licensee Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 licensee must follow the licensing rules in OAR chapter 411, divisions 86
			 through 89, and these rules.
(2)
			 The licensee agrees to provide room, care, and services for all Ventilator
			 Assisted Program residents in a distinct area within the facility.
(3) The licensed respiratory therapists and
			 registered nursing staff, on staff or on contract with the facility, must
			 maintain documentation of resident care including weekly status updates of each
			 resident. Documentation required by this paragraph shall be kept in the
			 resident's clinical record and shall be sufficient to:
(a) Determine the needs of the resident are
			 being met;
(b) Support the
			 appropriateness of invasive mechanical ventilation; and
(c) Justify the Ventilator Assisted Program
			 payment determination in accordance with these rules.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0160 - Staffing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) STAFFING. The
			 unit must employ or contract with a full-time Ventilator Assisted Program Unit
			 Director.
(2) In a designated
			 Ventilator Assisted Program unit, the following staffing requirements apply:
(a) Licensed Nurses.
(A) A licensed nurse must be on duty 24 hours
			 a day, seven days a week.
(i) A registered
			 nurse must be on duty at least 16 hours a day.
(ii) Other types of licensed nurses may cover
			 the other 8 hours in the 24-hour period.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0170 - Staff Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) STAFF
			 TRAINING. The facility must provide residents with trained staff who have been
			 instructed in invasive mechanical ventilation services and have ongoing
			 training.
(2) The administrator of
			 the facility must complete and document an additional six hours of their
			 required annual continuing educational requirements, related to the care of
			 individuals who are dependent on an invasive mechanical ventilation as a means
			 of life support. Continuing education credits must be documented and may
			 include:
(a) College courses.
(b) Preceptor credits.
(c) Self-directed activities.
(d) Course instructor credits.
(e) Corporate training.
(f) In-service training.
(g) Professional association
			 trainings.
(h) Web-based
			 trainings.
(i) Correspondence
			 courses,
(j) Tele-courses
(k) Seminars.
(l) Workshops.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0180 - Resident Services in a Ventilator Assisted Program Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals who
			 are dependent on invasive mechanical ventilation as a means of life support and
			 individuals who are transitioning from mechanical ventilation, may participate
			 in the Ventilator Assisted Program.
(2) Individuals who are dependent on BiPAP or
			 CPAP due to acute respiratory failure or exacerbation of chronic illness, may
			 participate in the Ventilator Assisted Program for a period of time as
			 determined by a physician or Pulmonologist.
(3) At time of move-in, the facility must
			 make reasonable attempts to identify the customary routines of each resident
			 and the resident's preferences in how services may be delivered. Minimum
			 services to be provided include:
(a)
			 Assistance with activities of daily living that addresses the needs of each
			 resident dependent on invasive mechanical ventilation as a means of life
			 support. These services must meet or be in addition to the requirements in the
			 licensing rules for the facility. Services must be provided in a manner that
			 promotes resident choice, dignity, and sustains the resident's
			 abilities.
(b) Health care services
			 provided in accordance with the licensing rules of the facility, along with the
			 following additional health services:
(A) Lab
			 services related to the Ventilator Assisted Program.
(B) Speech services related to the Ventilator
			 Assisted Program.
(C) Respiratory
			 therapy related to the Ventilator Assisted Program.
(c) Physician provided oversight of the
			 resident who is dependent on invasive mechanical ventilation as a means of life
			 support. A physician may delegate a task in a Ventilator Assisted Program Unit
			 only if it is for tasks within the scope of a Respiratory Therapists or
			 Registered Nurses license.
(d) The
			 Ventilator Assisted Program Licensed Respiratory Therapist may participate in
			 the delivery of unit services that are ancillary to respiratory care for the
			 residents, including, but not limited to social work, discharge planning, and
			 training of primary caregivers or family members in care of discharged
			 residents.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0190 - Physical Design, Environment, and Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The intent of this rule is for the
			 physical environment and design of the Ventilator Assisted program designated
			 area to support the needs of the residents in the Ventilator Assisted Program
			 who are dependent on invasive mechanical ventilation as a means of life
			 support. The physical environment should maximize functional abilities,
			 accommodate ventilator equipment, promote safety, enhance personal dignity, and
			 encourage independence. These physical plant adaptation requirements are in
			 addition to the requirements already established in OAR chapter 411, division
			 87.
(2) Each ventilator must be
			 equipped with an alarm per ventilator mode and with internal batteries to
			 provide a short-term back-up system in case of a total loss of power. The
			 battery must be checked and documented as recommended by the
			 manufacturer.
(3) The facility must
			 have an audible, redundant, external alarm system located outside the
			 resident's room to alert of ventilator failure.
(4) The facility must have a means of
			 notification to Ventilator Assisted Program direct care staff when a ventilator
			 dependent resident is in distress. Examples include, installing an alarm system
			 to the ventilator machine and designating rooms near a place where staff can
			 easily hear the alarm on the ventilator machine.
(5) RESIDENT ROOMS. The Ventilator Assisted
			 Program Unit area shall have rooms and restrooms that are of sufficient
			 proportion to accommodate ventilator equipment and extra staff.
(6) COMMON AREAS. Dining, activity, and
			 lounge spaces must be of sufficient proportion to accommodate staff and
			 residents' individual and equipment needs at all times.
(7) EQUIPMENT. The Ventilator Assisted
			 Program Unit area shall have rooms equipped with:
(a) All the equipment necessary for
			 tracheostomy and ventilator care, at the resident's bedside, and within easy
			 reach.
(b) Tracheostomy kits
			 available at all times for all residents.
(c) Operable wall or portable suction
			 equipment and necessary supplies.
(d) Operable wall or portable emergency
			 oxygen equipment and necessary supplies.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0200 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
Requests for exceptions to these rules shall be reviewed by the
				Department and processed in accordance with these rules and the licensing rules
				in OAR chapter 411, divisions 85 through 88.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  441.055,
				  441.615
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  441.055,
				  441.615
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0210 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 REPORTING REQUIREMENTS. Endorsed Ventilator Assisted Program facilities shall
			 report information to the Department in the form and format determined by the
			 Department.
(2) Facilities shall
			 provide a quarterly Ventilator Assisted Program Client Utilization Report that
			 contains the following data elements:
(a)
			 Client Name.
(b) Valid ICD-9 CM
			 diagnosis.
(c) Type of respiratory
			 services provided to the resident and the previous care setting if other than a
			 hospital.
(d) Summary of
			 respiratory interventions.
(e)
			 Response to, or effectiveness of, ventilator or tracheotomy weaning.
(f) Number of, and reasons for, respiratory
			 hospitalizations.
(g) Number of
			 program residents who left the program, reason for leaving (death, weaned, or
			 on a ventilator), and place of discharge.
(h) Listing of trend data, by facility and
			 resident, of reportable incidents including, but not limited to:
(A) Unplanned ventilator
			 "disconnects".
(B) Resident removal
			 of their own trach tube.
(C)
			 Paramedic calls.
(D) Resident
			 deaths.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 90 - NURSING FACILITIES/LICENSING - VENTILATOR ASSISTED PROGRAM (VAP) › Section 411-090-0220 - Administrative Review, Complaints, Inspections, and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) COMPLAINTS AND
			 INVESTIGATIONS. The Department shall investigate complaints regarding an
			 endorsed Ventilator Assisted Program in accordance with the Nursing Facility
			 Licensing complaint and investigation procedures documented in OAR chapter 411,
			 division 89.
(2) INSPECTIONS. At
			 the time of the Ventilator Assisted Program's regular license renewal, the
			 Department shall inspect the Ventilator Assisted Program to determine
			 compliance with these rules.
(3)
			 SANCTIONS. Sanctions for failure to comply with these rules may include the
			 imposition of civil penalties, licensing conditions, suspension, denial,
			 non-renewal, or revocation of the endorsement. Sanctions involving the
			 endorsement shall be in accordance with the Nursing Facility Licensing Rules in
			 OAR 411-089-0020 (Sanctions)
			 applicable to the type of sanction imposed.
(a) SUSPENSION. The Department may
			 immediately suspend a Ventilator Assisted Program endorsement if the Department
			 finds a serious threat to the public health and safety and sets forth the
			 specific reasons for such findings.
(b) DENIAL AND NON-RENEWAL OF ENDORSEMENT
			 APPLICATION. The Department may deny or refuse to renew an endorsement under
			 the following circumstances:
(A) Failure to
			 demonstrate capacity as required in OAR
			 411-090-0120(7).
(B) Substantial failure to comply with
			 Department rules.
(C) Failure to
			 provide complete and accurate information on the application.
(D) When the State Fire Marshal, or
			 authorized representative, certifies there is failure to comply with all
			 applicable ordinances and rules pertaining to fire safety.
(E) Failure to:
(i) Implement a plan of correction;
(ii) Comply with a licensing or endorsement
			 condition that ensures the safety and security of residents; or
(iii) Provide the care to residents living
			 within the Ventilator Assisted Program, such that the health, safety, or
			 welfare of the residents is jeopardized.
(c) REVOCATION. The Department may issue a
			 notice of revocation of endorsement upon finding there is substantial failure
			 to comply with these rules.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide for the administration
				and implementation of ORS
				410.730 and
				410.732, relating to the
				establishment of the Self-Sufficiency Trust Fund and the Disability Trust
				Fund.
Stat. Auth.: ORS
				  410.730 & ORS
				  410.732
Stats. Implemented: ORS
				  410.730