Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0010 - Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person acting individually or jointly with any other person shall establish,
			 conduct, maintain, manage, or operate a nursing facility without a license from
			 the Department.
(2) Each nursing
			 facility license issued by the Department applies only to person or persons
			 named on the license. The license is not transferable or assignable. The
			 license is valid only for the specific premises designated on the license and
			 for the time period specified on the license.
(3) A license may not be issued for a new
			 facility, an expanded facility, or a facility offering new services unless the
			 Oregon Health Authority has issued a certificate of need for said facility or
			 service, or has determined a certificate of need is not required.
(4) APPLICATION FOR INITIAL LICENSURE AND
			 LICENSE RENEWAL.
(a) The application must be
			 on a form or forms provided by the Department and must include all information
			 requested by the Department including, but not limited to, identity and
			 financial interest of any person, including stockholders who have an incident
			 of ownership in the applicant representing an interest of 10 percent or more or
			 10 percent of a lease agreement for the facility. Facilities applying for
			 Medicaid, Medicare, or both Medicaid and Medicare certification are required by
			 federal law to identify applicants representing a 5 percent or more
			 interest.
(b) If the owner of the
			 nursing facility business is a different entity from the operator of the
			 nursing facility, an application for licensure is required from both the
			 operator and the owner. Only one license fee is required. Each application must
			 be signed and dated by a legally authorized representative of the entity
			 submitting the application. The names of owners and operators shall appear on
			 the license.
(c) The applicant must
			 identify any person who has 10 percent incident of ownership, direct or
			 indirect, in a pharmacy or in any business that provides services or supplies
			 to nursing facilities. If any such person exists, the applicant must identify
			 the person and the name and address of the pharmacy or business.
(d) The applicant must identify the number of
			 beds the facility is presently capable of operating considering existing
			 equipment, ancillary service capability, and the physical requirements as
			 specified within OAR chapter 411, divisions 85-89. The number of beds requested
			 to be licensed may not exceed the number identified on the license to be
			 renewed unless prior approval has been issued by the Department or a
			 certificate of need has been issued when required pursuant to ORS chapter
			 442.
(e) The applicant must include
			 a floor plan showing the location of each bed and the dimensions and room
			 number of each room in which a bed is located. The plan must also show the
			 location of dining and activities areas, shower and tub rooms, toilet rooms,
			 clean and dirty utility rooms, therapy service areas, laundry areas, and
			 dietary service areas. After the first filing, plans need only be submitted
			 when changes in the information required in this subsection occur or when
			 requested by the Department.
(f)
			 The applicant must include a copy of all leases, management, and ownership of
			 the facility.
(g) The applicant
			 must list all states in which the applicant or persons having a 10 percent or
			 more incident of ownership in the facility currently are or previously have
			 been licensed to provide long-term care.
(h) If a renewal is desired, the licensee
			 must apply at least 45 days before the expiration date of the existing
			 license.
(i) The license fee must
			 accompany the application.
(j) If
			 the applicant fails to provide complete and accurate information on the
			 application, the Department may deny or revoke the license if the Department
			 determines the missing or corrected information is needed to determine if a
			 license shall be granted.
(k) An
			 application is not considered to be complete until all requested information
			 and signatures have been provided.
(l) Each application for a new license
			 (excludes license renewal) must include a completed and signed credit and
			 background check authorization form for the applicant and each person with 10
			 percent incident of ownership in the applicant.
(m) Applicants for license renewal must
			 provide the Department with a completed and signed credit and background check
			 authorization form for the applicant and each person with incident of ownership
			 in the applicant, when required by the Department.
(n) Applications must state whether or not
			 the applicant and persons with incident of ownership in the applicant, have
			 ever been convicted of a crime associated with operation of a health care
			 facility or agency under federal law or the laws of any state.
(o) Applicants must provide such other
			 information and documentation as the Department may reasonably require for
			 proper administration of these rules including, but not limited to, information
			 about ownership interest in other business enterprises, if relevant.
(p) The Department shall issue the license or
			 issue a denial of licensure within 60 days of receipt of the license fee,
			 completed application, and after determination of substantial compliance with
			 the on-site in-person inspection.