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 411-089-0040 - Nursing Facility License Denial, Suspension, Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basis for
			 Denial, Revocation -- Mandatory. A license shall be suspended or revoked, or
			 both, or denied if a certificate of noncompliance is issued by the State Fire
			 Marshal, Deputy, or other approved representative pursuant to ORS Chapter
			 479.
(2) Basis for Denial or
			 Revocation -- Discretionary. A license may be denied or revoked by the
			 Department when it finds the licensee or applicant:
(a) Failed to comply with nursing facility
			 law such that the health, safety, or welfare of residents is or was
			 jeopardized;
(b) Failed to
			 substantially comply with nursing facility law during any three inspections
			 within a five year period. For the purpose of this rule, "inspection" means an
			 on-site visit to the facility by the Department for licensing or
			 certification;
(c) Has been
			 convicted, under any state or federal law, of a felony or of a misdemeanor
			 associated with the operation of a health care facility or agency within the
			 preceding ten years;
(d) Had an
			 incident of ownership of ten percent or greater in or had a management or
			 control interest in any facility in any state when the facility was terminated
			 from participation in the Medicaid or Medicare program, or at a time when the
			 facility voluntarily terminated participation in the Medicaid or Medicare
			 program during any state or federal termination process;
(e) Had an incident of ownership of ten
			 percent or greater in any facility in any state that failed to reimburse any
			 state or the federal government for Medicaid or Medicare overpayments on a
			 timely basis within the preceding five year period;
(f) Had an incident of ownership of ten
			 percent or greater or a management or control interest in a health care
			 facility or agency whose license was involuntarily suspended, revoked, or not
			 renewed within the preceding five years;
(g) Had a nursing home administrator's
			 license revoked, suspended, or not renewed in any state, excluding revocation
			 based on failure to pay license fee or failure to maintain required continuing
			 education requirements when not serving as an administrator, within the
			 preceding five year period;
(h)
			 Provided false, incorrect, or misleading information to the Department on the
			 license application form;
(i)
			 Provided false, incorrect, or misleading information to the Department
			 regarding care of residents, facility finances, or resident funds;
(j) Failed to provide workers' compensation
			 coverage for health care facility employees when required by state law in any
			 state;
(k) Permitted, aided, or
			 abetted any illegal act that had a significant adverse impact on resident
			 health, safety, or welfare within the preceding five year period;
(l) Had an incident of ownership of ten
			 percent or greater in any health care facility in any state at a time when the
			 facility was denied an operating license, excluding denial based upon absence
			 of bed need;
(m) Demonstrated
			 fiscal instability within the preceding five years and such instability relates
			 to the licensee or applicant's ability to provide care or operate a facility,
			 or both provide care and operate a facility. Examples of fiscal instability
			 include, but are not limited to, experiencing more than one instance of any of
			 the following events or experiencing more than one of the following events:
(A) Failure to compensate employees in a
			 timely manner;
(B) Failure to
			 maintain, in any facility, an adequate inventory of medical supplies, personal
			 supplies, or food;
(C) Failure to
			 promptly pay any judgments, taxes, warrants, or other liens;
(D) Failure to pay utility bills or other
			 bills related to the operation or maintenance of any facility, excluding
			 failure to pay when the facility has a clear basis to dispute the billing;
			 or
(E) A poor credit
			 rating.
(n) Has
			 demonstrated fiscal instability within the past five years by having
			 experienced a history of poor credit or poor financial management; or
(o) Has failed to pay a civil penalty imposed
			 by the Department.
(p) The facility
			 shall not interfere with a good faith disclosure of information by an employee
			 or volunteer concerning the abuse or other action affecting the welfare of a
			 resident in the facility as described in
			 411-085-0360(6)(d).