Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0120 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of imposing civil penalties, facilities licensed under ORS
			 443.400 to
			 443.455 and ORS
			 443.991 are considered to be
			 long-term care facilities subject to ORS
			 441.705 to
			 441.745.
(2) For purposes of this rule:
(a) "Person" means a licensee under ORS
			 443.420 or a person who the
			 Department finds shall be so licensed, but does not include any employee of
			 such licensee or person.
(b)
			 "Resident rights" means that each resident must be assured the same civil and
			 human rights accorded to other citizens as described in OAR
			 411-054-0027.
(c)"Monitoring" means when a residential care
			 or assisted living facility is surveyed, inspected, or investigated by an
			 employee or designee of the Department or an employee or designee of the State
			 Fire Marshal.
(d) As used in this
			 rule:
(A) "Harm" means a measurable negative
			 impact to a resident's physical, mental, financial, or emotional
			 well-being.
(B) "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.
(C) "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.
(D) "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.
(E) "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.
(e) The Director shall assess the severity of
			 a violation using the following criteria:
(A)
			 Level 1 - is a violation that results in no actual harm or in potential for
			 only minor harm.
(B) Level 2 - is a
			 violation that results in minor harm or potential for moderate harm.
(C) Level 3 - is a violation that results in
			 moderate harm or potential for serious harm.
(D) Level 4 - is a violation that results in
			 serious harm or death.
(f) The Director shall assess the scope of a
			 violation using the following criteria:
(A)
			 An isolated violation occurs when one or a very limited number of residents or
			 employees are affected or a very limited area or number of locations within a
			 facility are affected.
(B) A
			 pattern violation occurs when more than a very limited number of residents or
			 employees are affected, or the situation has occurred in more than a limited
			 number of locations but the locations are not dispersed throughout the
			 facility.
(C) A widespread
			 violation occurs when the problems causing the deficiency are pervasive and
			 affect many locations throughout the facility or represent a systemic failure
			 that affected, or has the potential to affect, a large portion or all of the
			 residents or employees.