reglab/statecodes huggingface dataset:
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 411-054-0027 - Resident Rights and Protections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) GENERAL RIGHTS. The facility must
			 implement a residents' Bill of Rights. Each resident and the resident's
			 designated representative, if appropriate, must be given a copy of the
			 resident's rights and responsibilities before moving into the facility. The
			 Bill of Rights must state that residents have the right:
(a) To be treated with dignity and
			 respect.
(b) To be given informed
			 choice and opportunity to select or refuse service and to accept responsibility
			 for the consequences.
(c) To be
			 given informed consent before any nontherapeutic examination, observation or
			 treatment is provided.
(d) To
			 participate in the development of their initial service plan and any revisions
			 or updates at the time those changes are made.
(e) To receive information about the method
			 for evaluating their service needs and assessing costs for the services
			 provided.
(f) To exercise
			 individual rights that do not infringe upon the rights or safety of
			 others.
(g) To be free from
			 neglect, financial exploitation, verbal, mental, physical, or sexual
			 abuse.
(h) To receive services in a
			 manner that protects privacy and dignity.
(i) To have prompt access to review all of
			 their records and to purchase photocopies. Photocopied records must be promptly
			 provided, but in no case require more than two business days (excluding
			 Saturday, Sunday, and holidays).
(j) To have medical and other records kept
			 confidential except as otherwise provided by law.
(k) To associate and communicate privately
			 with any individual of choice, to send and receive personal mail unopened, and
			 to have reasonable access to the private use of a telephone.
(l) To be free from physical restraints and
			 inappropriate use of psychoactive medications.
(m) To manage personal financial affairs
			 unless legally restricted.
(n) To
			 have access to, and participate in, social activities.
(o) To be encouraged and assisted to exercise
			 rights as a citizen.
(p) To be free
			 of any written contract or agreement language with the facility that purports
			 to waive their rights or the facility's liability for negligence.
(q) To voice grievances and suggest changes
			 in policies and services to either staff or outside representatives without
			 fear of retaliation.
(r) To be free
			 of retaliation after they have exercised their rights provided by law or
			 rule.
(s) To have a safe and
			 homelike environment.
(t) To be
			 free of discrimination in regard to race, color, national origin, gender,
			 sexual orientation, or religion.
(u) To receive proper notification if
			 requested to move-out of the facility, and to be required to move-out only for
			 reasons stated in OAR
			 411-054-0080 (Involuntary
			 Move-out Criteria) and have the opportunity for an administrative hearing, if
			 applicable.
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 411-054-0027 - Resident Rights and Protections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility must implement a residents'
			 Bill of Rights. Each resident and the resident's designated representative, if
			 appropriate, must be given a copy of the resident's rights and responsibilities
			 before moving into the facility. The Bill of Rights must state that residents
			 have the right:
(a) To be treated with
			 dignity and respect.
(b) To be
			 given informed choice and opportunity to select or refuse service and to accept
			 responsibility for the consequences.
(c) To participate in the development of
			 their initial service plan and any revisions or updates at the time those
			 changes are made.
(d) To receive
			 information about the method for evaluating their service needs and assessing
			 costs for the services provided.
(e) To exercise individual rights that do not
			 infringe upon the rights or safety of others.
(f) To be free from neglect, financial
			 exploitation, verbal, mental, physical, or sexual abuse.
(g) To receive services in a manner that
			 protects privacy and dignity.
(h)
			 To have prompt access to review all of their records and to purchase
			 photocopies. Photocopied records must be promptly provided, but in no case
			 require more than two business days (excluding Saturday, Sunday, and
			 holidays).
(i) To have medical and
			 other records kept confidential except as otherwise provided by law.
(j) To associate and communicate privately
			 with any individual of choice, to send and receive personal mail unopened, and
			 to have reasonable access to the private use of a telephone.
(k) To be free from physical restraints and
			 inappropriate use of psychoactive medications.
(l) To manage personal financial affairs
			 unless legally restricted.
(m) To
			 have access to, and participate in, social activities.
(n) To be encouraged and assisted to exercise
			 rights as a citizen.
(o) To be free
			 of any written contract or agreement language with the facility that purports
			 to waive their rights or the facility's liability for negligence.
(p) To voice grievances and suggest changes
			 in policies and services to either staff or outside representatives without
			 fear of retaliation.
(q) To be free
			 of retaliation after they have exercised their rights provided by law or
			 rule.
(r) To have a safe and
			 homelike environment.
(s) To be
			 free of discrimination in regard to race, color, national origin, gender,
			 sexual orientation, or religion.
(t) To receive proper notification if
			 requested to move-out of the facility, and to be required to move-out only for
			 reasons stated in OAR
			 411-054-0080 (Involuntary
			 Move-out Criteria) and have the opportunity for an administrative hearing, if
			 applicable.
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 411-054-0028 - Reporting and Investigating Abuse and Other Actions Affecting Resident Welfare

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility
			 must have policies and procedures in place to assure the prevention and
			 appropriate response to any incident. In the case of incidents of abuse,
			 suspected abuse, or injury of unknown cause, policies and procedures must
			 follow the requirements outlined below. In the case of incidents that are not
			 abuse or injuries of unknown cause where abuse has been ruled out, the facility
			 must have policies and procedures in place to respond appropriately, which may
			 include such things as re-assessment, monitoring, or medication
			 review.
(2) ABUSE REPORTING. Abuse
			 is prohibited. The facility employees, agents and licensee must not permit,
			 aid, or engage in abuse of residents who are under their care.
(a) STAFF REPORTING. All facility employees
			 are required to immediately report abuse and suspected abuse to the local
			 Department office, or the local AAA, the facility administrator, or to the
			 facility administrator's designee.
(b) FACILITY REPORTING. The facility
			 administrator, or designee, must immediately notify the local Department
			 office, or the local AAA, of any incident of abuse or suspected abuse,
			 including events overheard or witnessed by observation.
(c) LAW ENFORCEMENT AGENCY. The local law
			 enforcement agency must be called first when the suspected abuse is believed to
			 be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of
			 controlled substances, etc.).
(d)
			 INJURY OF UNKNOWN CAUSE. Physical injury of unknown cause must be reported to
			 the local Department office, or the local AAA, as suspected abuse, unless an
			 immediate facility investigation reasonably concludes and documents that the
			 physical injury is not the result of abuse.
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 411-054-0030 - Resident Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 residential care or assisted living facility must provide a minimum scope of
			 services as follows:
(a) Three daily
			 nutritious, palatable meals with snacks available seven days a week, in
			 accordance with the recommended dietary allowances found in the United States
			 Department of Agriculture (USDA) guidelines, including seasonal fresh fruit and
			 fresh vegetables;
(A) Modified special diets
			 that are appropriate to residents' needs and choices. The facility must
			 encourage residents' involvement in developing menus.
(B) Menus must be prepared at least one week
			 in advance, and must be made available to all residents. Meal substitutions
			 must be of similar nutritional value if a resident refuses a food that is
			 served. Residents must be informed in advance of menu changes.
(C) Food must be prepared and served in
			 accordance with OAR 333-150-0000 (Food Sanitation
			 Rules).
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 411-054-0034 - Resident Move-In and Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INITIAL SCREENING AND MOVE-IN.
(a) The facility must determine whether a
			 potential resident meets the facility's admission requirements.
(b) Before the resident moving in, the
			 facility must conduct an initial screening to determine the prospective
			 resident's service needs and preferences. The screening must determine the
			 ability of the facility to meet the potential resident's needs and preferences,
			 while considering the needs of the other residents and the facility's overall
			 service capability.
(c) Each
			 resident record must, before move-in and when updated, include the following
			 information:
(A) Legal name for billing
			 purposes.
(B) To promote
			 person-centered care, any variance from legal records, as indicated by the
			 resident, regarding:
(i) Name.
(ii) Pronouns.
(iii) Gender identity.
(C) Prior living arrangements;
(D) Emergency contacts;
(E) Service plan involvement - resident,
			 family, and social supports;
(F)
			 Financial and other legal relationships, if applicable, including, but not
			 limited to:
(i) Advance directives;
(ii) Guardianship;
(iii) Conservatorship; and
(iv) Power of attorney.
(G) Primary language;
(H) Community connections; and
(I) Health and social service
			 providers.
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 411-054-0034 - Resident Move-In and Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INITIAL SCREENING AND MOVE-IN.
(a) The facility must determine whether a
			 potential resident meets the facility's admission requirements.
(b) Before the resident moving in, the
			 facility must conduct an initial screening to determine the prospective
			 resident's service needs and preferences. The screening must determine the
			 ability of the facility to meet the potential resident's needs and preferences,
			 while considering the needs of the other residents and the facility's overall
			 service capability.
(c) Each
			 resident record must, before move-in and when updated, include the following
			 information:
(A) Prior living
			 arrangements;
(B) Emergency
			 contacts;
(C) Service plan
			 involvement - resident, family, and social supports;
(D) Financial and other legal relationships,
			 if applicable, including, but not limited to:
(i) Advance directives;
(ii) Guardianship;
(iii) Conservatorship; and
(iv) Power of attorney.
(E) Primary language;
(F) Community connections; and
(G) Health and social service
			 providers.
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 411-054-0036 - Service Plan - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the resident has a Person-Centered
			 Service Plan pursuant to
			 411-004-0030, the facility must
			 incorporate all elements identified in the person-centered service plan into
			 the resident's service plan.
(2)
			 SERVICE PLAN. The service plan must reflect the resident's needs as identified
			 in the evaluation and include resident preferences that support the principles
			 of dignity, privacy, choice, individuality, and independence.
(a) The service plan must be completed:
(A) Before resident move-in, with updates and
			 changes as appropriate within the first 30-days; and
(B) Following quarterly
			 evaluations.
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 411-054-0036 - Service Plan - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the resident has a Person-Centered Service Plan pursuant to
			 411-004-0030, the facility must
			 incorporate all elements identified in the person-centered service plan into
			 the resident's service plan.
(2)
			 SERVICE PLAN. The service plan must reflect the resident's needs as identified
			 in the evaluation and include resident preferences that support the principles
			 of dignity, privacy, choice, individuality, and independence.
(a) The service plan must be completed:
(A) Before resident move-in, with updates and
			 changes as appropriate within the first 30-days; and
(B) Following quarterly evaluations.
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 411-054-0037 - Acuity-Based Staffing Tool

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEVELOP AND MAINTAIN ACUITY-BASED
			 STAFFING. Facilities must select and implement an acuity-based staffing tool
			 (ABST) that is technology-based for determining appropriate staffing levels.
			 Individual resident needs and care elements must be the primary consideration
			 when developing and maintaining an ABST. Regardless of the ABST adopted, all
			 requirements set forth in this rule and OAR
			 411-054-0034 (Resident Move-in
			 Evaluation) must be met. Facilities shall:
(a) Select and implement the Department's
			 developed ABST or submit a proprietary ABST to the Department for approval as
			 outlined in paragraph (2) of this rule.
(b) Accurately capture care time and care
			 elements that staff are providing to each resident as outlined in each
			 individual service plan. Established care time must be resident specific,
			 rather than a predetermined average.
(c) Develop a staffing plan for each shift,
			 that meets the scheduled and unscheduled needs of all residents.
(d) Develop ABST reports and posted staffing
			 plans that reflect distinct and segregated areas as outlined in OAR
			 411-054-0070(1).
(e) If applicable, determine ABST time for
			 residents on a Specific Needs Settings Contract and residents not on a Specific
			 Needs Setting Contract to build posted staffing plan as outlined in this
			 rule.
(f) Develop written policies
			 and procedures to accurately and consistently implement the ABST. The policy
			 must explain how a facility evaluates and accounts for both scheduled and
			 unscheduled resident needs.
(g)
			 Provide the relevant ABST information for a specific resident if requested by
			 the Department, that specific resident, that specific resident's legal
			 representative, or the Long-Term Care Ombudsman.
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 411-054-0037 - Acuity-Based Staffing Tool

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CHOICE OF ACUITY-BASED STAFFING TOOL:
			 Every facility shall adopt an acuity-based staffing tool (ABST) to determine
			 appropriate staffing levels for the facility. Each facility may choose to adopt
			 the Department's ABST or may choose to adopt a different ABST. Regardless of
			 the ABST the facility selects, all requirements set forth in this rule, in OAR
			 411-054-0034 (Resident
			 Evaluation), and in the ABST Provider Guide must be met.
(2) START DATE: All facilities must select an
			 ABST by February 1, 2022. By July 1, 2022 facilities must fully implement the
			 ABST selected and complete an ABST assessment for each resident.
(3) FREQUENCY OF UPDATES: No later than July
			 1, 2022, an ABST assessment must be completed for each resident. Following this
			 deadline, facilities must review the ABST tool for each resident:
(a) Before a resident moves in, with
			 amendments as appropriate within the first 30 days to address a resident's
			 needs.
(b) Whenever there is a
			 significant change of condition as defined in OAR
			 411-054-0005.
(c) No less than quarterly, preferably at the
			 same time the resident's service plan is updated, as required by OAR
			 411-054-0034.
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 411-054-0038 - Individually-Based Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
This rule will begin being implemented January 1, 2017. The
				requirements in this rule must be in place no later than June 30, 2019.
(1) When the condition under OAR
			 411-004-0020(1)(d)
			 may not be met due to a threat to the health and safety of an individual or
			 others, an individually-based limitation process, as described in this rule,
			 must apply in any residential or non-residential setting.
(2) When a condition under OAR
			 411-004-0020(2)(d) to
			 (2)(j) may not be met due to a threat to the
			 health and safety of an individual or others, in a provider owned, controlled,
			 or operated residential setting, an individually-based limitation process, as
			 described in this rule, must apply.
(3) An individually-based limitation must be
			 supported by a specific assessed need and documented in the person-centered
			 service plan by completing and signing a program approved form documenting the
			 consent to the appropriate individually-based limitation. The form identifies
			 and documents, at a minimum, all of the following requirements:
(a) The specific and individualized assessed
			 need justifying the individually-based limitation.
(b) The positive interventions and supports
			 used prior to any individually-based limitation.
(c) Less intrusive methods that have been
			 tried but did not work.
(d) A clear
			 description of the limitation that is directly proportionate to the specific
			 assessed need.
(e) Regular
			 collection and review of data to measure the ongoing effectiveness of the
			 individually-based limitation.
(f)
			 Established time limits for periodic reviews of the individually-based
			 limitation to determine if the limitation should be terminated or remains
			 necessary. The individually-based limitation must be reviewed at least
			 annually.
(g) The informed consent
			 of the individual or, as applicable, the legal representative of the
			 individual, including any discrepancy between the wishes of the individual and
			 the consent of the legal representative.
(h) An assurance that the interventions and
			 support do not cause harm to the individual.
(i) If using a restraint, a facility must
			 meet the requirements of OAR
			 411-054-0060.
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 411-054-0040 - Change of Condition and Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CHANGE OF CONDITION. These rules define a
			 resident's change of condition as either short term or significant with the
			 following meanings:
(a) Short term change of
			 condition means a change in the resident's health or functioning that is
			 expected to resolve or be reversed with minimal intervention or is an
			 established, predictable, cyclical pattern associated with a previously
			 diagnosed condition.
(b)
			 Significant change of condition means a major deviation from the most recent
			 evaluation that may affect multiple areas of functioning or health that is not
			 expected to be short term and imposes significant risk to the
			 resident.
(c) If a resident
			 experiences a significant change of condition that is a major deviation in the
			 resident's health or functional abilities, the facility must evaluate the
			 resident, refer to the facility nurse, document the change, and update the
			 service plan as needed.
(d) If a
			 resident experiences a short-term change of condition that is expected to
			 resolve or reverse with minimal intervention, the facility must determine and
			 document what action or intervention is needed for the resident.
(A) The determined action or intervention
			 must be communicated to staff on each shift.
(B) The documentation of staff instructions
			 or interventions must be resident specific and made part of the resident record
			 with weekly progress noted until the condition resolves.
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 411-054-0050 - Infection Prevention and Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Facilities must establish and maintain
			 infection prevention and control protocols to provide a safe, sanitary and
			 comfortable environment. This includes protocols to prevent the development and
			 transmission of communicable diseases.
(2) Each facility must designate an
			 individual to be the facility's "Infection Control Specialist" responsible for
			 carrying out the infection prevention and control protocols and serving as the
			 primary point of contact for the Department regarding disease outbreaks. The
			 Infection Control Specialist must:
(a) Be
			 qualified by education, training and experience or certification; and
(b) Complete specialized training in
			 infection prevention and control protocols within three months of being
			 designated under this paragraph, unless the designee has received the
			 specialized training within the 24-month period prior to the time of the
			 designation. The Department will describe trainings that will be acceptable to
			 meet the specialized training requirement in rule, by January 1,
			 2022.
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 411-054-0055 - Medications and Treatments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 MEDICATION AND TREATMENT ADMINISTRATION SYSTEMS. The facility must have safe
			 medication and treatment administration systems in place that are approved by a
			 pharmacist consultant, registered nurse, or physician.
(a) The administrator is responsible for
			 ensuring adequate professional oversight of the medication and treatment
			 administration system.
(b)
			 Medications administered by the facility must be set-up or poured and
			 documented by the same person who administers the medications.
(c) The staff person who administers the
			 medication must visually observe the resident take (e.g., ingest, inhale,
			 apply) the medication unless the prescriber's order for that specific
			 medication states otherwise.
(d)
			 Medications must be kept secure between set-up and administration of
			 medications.
(e) The facility must
			 have a system approved by a pharmacist consultant or registered nurse for
			 tracking controlled substances and for disposal of all unused, outdated or
			 discontinued medications administered by the facility.
(f) Medication and treatment orders must be
			 carried out as prescribed.
(g)
			 Written, signed physician or other legally recognized practitioner orders must
			 be documented in the resident's facility record for all medications and
			 treatments that the facility is responsible to administer.
(h) Only a physician or other legally
			 recognized prescribing practitioner is authorized to make changes in a
			 medication or treatment order.
(i)
			 A registered pharmacist or registered nurse must review all medications and
			 treatments administered by the facility to a resident at least every 90 days.
			 The facility must provide documentation related to the recommendations made by
			 the reviewer.
(j) The resident or
			 the person legally authorized to make health care decisions for the resident
			 has the right to consent to, or refuse, medications and treatments.
(k) The physician or other practitioner must
			 be notified if a resident refuses consent to an order. Subsequent refusals to
			 consent to an order will be reported as requested by the prescriber.
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 411-054-0060 - Restraints and Supportive Devices

Current through Register Vol. 63, No. 7, July 1, 2024
Residential care and assisted living facilities are intended to
				be restraint free environments.
(1)
			 Restraints are not permitted except when a resident's actions present an
			 imminent danger to self or others and only until immediate action is taken by
			 medical, emergency, or police personnel.
(2) Supportive devices with restraining
			 qualities are permitted under the following documented circumstances, the:
(a) Resident specifically requests or
			 approves of the device and the facility has informed the individual of the
			 risks and benefits associated with the device;
(b) Facility registered nurse, a physical
			 therapist or occupational therapist has conducted a thorough
			 assessment;
(c) Facility has
			 documented other less restrictive alternatives evaluated prior to the use of
			 the device; and
(d) Facility has
			 instructed direct care staff on the correct use and precautions related to use
			 of the device.
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 411-054-0065 - Administrator Qualifications and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) FULL-TIME ADMINISTRATOR. Each licensed
			 residential care and assisted living facility must employ a full-time
			 administrator. The administrator must be scheduled to be on-site in the
			 facility at least 40 hours per week. Each individual serving as an
			 administrator of a residential care or assisted living facility must soon
			 obtain an administrator's license. This new licensing program will be phased in
			 over a two-year period; by January 1, 2022, in order to work as an
			 administrator, individuals must obtain a full "Residential Care Facility
			 Administrator" license from the Health Licensing Office, Oregon Health
			 Authority, as required by OAR chapter 853. Until January 1, 2022, there are
			 three different options available to administrators. These three options are
			 outlined in sections (2), (3) and (4) below:
(2) FULL ADMINISTRATOR LICENSE.
(a) Individuals who applied to the Health
			 Licensing Office by July 1, 2019 and met all requirements of OAR chapter 853,
			 were issued a full residential care administrator license.
(b) At any time, individuals who apply to the
			 Health Licensing Office and complete all requirements in OAR chapter 853,
			 including passing the Oregon laws and rules examination, will be issued a full
			 administrator license.
(c) By
			 January 1, 2022, all individuals working as an administrator of a residential
			 care or assisted living facility must have obtained this full
			 license.
(d) All individuals
			 holding a full administrator license must comply with the annual training
			 requirements and the standards of practice and professional conduct established
			 by the Long Term Care Administrators Board, as outlined in OAR chapter 853, in
			 order to maintain this license,
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 411-054-0070 - Staffing Requirements and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) STAFFING
			 REQUIREMENTS. Facilities must have qualified awake direct care staff,
			 sufficient in number to meet the 24-hour scheduled and unscheduled needs of
			 each resident. Direct care staff provide services for residents that include
			 assistance with activities of daily living, medication administration,
			 resident-focused activities, supervision, and support.
(a) If a facility employs universal workers
			 whose duties include other tasks (e.g., housekeeping, laundry, food service),
			 in addition to direct resident care, staffing must be increased to maintain
			 adequate resident care and services.
(b) Prior to providing care and services to
			 residents, direct care staff must be trained as required in sections (2) - (4)
			 of this rule.
(c) The following
			 facility employees are ancillary to the caregiver requirements in this section:
(A) Individuals whose duties are exclusively
			 housekeeping, building maintenance, clerical, administrative, or food
			 preparation.
(B) Licensed nurses
			 who provide services as specified in OAR
			 411-054-0045 (Resident Health
			 Services).
(C)
			 Administrators.
(d) The
			 Department retains the right to require minimum staffing standards based on
			 acuity, complaint investigation or survey inspection.
(e) Based on resident acuity and facility
			 structural design there must be adequate direct care staff present at all
			 times, to meet the fire safety evacuation standards as required by the fire
			 authority or the Department.
(f)
			 The licensee is responsible for assuring that staffing is increased to
			 compensate for the evaluated care and service needs of residents at move-in and
			 for the changing physical or mental needs of the residents.
(g) A minimum of two direct care staff must
			 be scheduled and available at all times whenever a resident requires the
			 assistance of two direct care staff for scheduled and unscheduled
			 needs.
(h) In facilities where
			 residents are housed in two or more detached buildings, or if a building has
			 distinct and segregated areas, a designated caregiver must be awake and
			 available in each building and each segregated area at all times.
(i) Facilities must have a written, defined
			 system to determine appropriate numbers of direct care staff and general
			 staffing based on resident acuity and service needs. Such systems may be either
			 manual or electronic.
(A) Guidelines for
			 systems must also consider physical elements of a building, use of technology
			 if applicable and staff experience.
(B) Facilities must be able to demonstrate
			 how their staffing system works.
(j) All staff will have a written position
			 description that specifies their specific duties and
			 responsibilities.
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 411-054-0080 - Involuntary Move-out Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Human Services, Aging and People with
				Disabilities Office encourages facilities to support a resident's choice to
				remain in his or her living environment while recognizing that some residents
				may no longer be appropriate for the community-based care setting due to safety
				and medical limitations.
(1)
			 Information must be specified in the facility's disclosure information OAR
			 411-054-0026 (Notice to
			 Potential Residents) that describes the types of health, nursing, behavior, and
			 care services the facility is able and unable to provide. In addition,
			 facilities endorsed under OAR chapter 411, division 057 (Endorsed Memory Care
			 Communities) must provide services to support residents with the progressive
			 symptoms of dementia. Facilities will not be required to permanently provide
			 staffing beyond the staffing services stated in the residency agreement;
			 however, facilities may need to provide additional services to residents on a
			 short-term basis to ensure safety of residents and to facilitate transfer to a
			 more appropriate setting. The minimum required services identified in the
			 following sections and outlined in disclosure documents must be provided before
			 a resident may be asked to move out:
(a) OAR
			 411-054-0070(1)
			 (Staffing).
(b) OAR
			 411-054-0030 (Resident
			 Services).
(c) OAR
			 411-054-0045(1)(f)(F)
			 (Intermittent Direct Nursing Services). Such services may be of a temporary
			 nature as defined in the facility policy, admission agreements and disclosure
			 information. This means the facility is not required to provide services beyond
			 the scope of the facility license or in a manner that does not support the
			 health and safety of the resident or others in the facility.
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 411-054-0085 - Refunds and Financial Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RESIDENT DEATH. If a resident dies, the
			 licensee may not require payment for more than 15 days, or the time specified
			 in the admission agreement, whichever is less, after the date of the resident's
			 death.
(2) RESIDENT UNABLE TO
			 RETURN. If a resident must leave the facility for medical reasons and the
			 resident or the resident's representative indicates the intent not to return,
			 the facility may not charge the resident for more than 15 days after the date
			 notification is received from the resident or the resident's representative, or
			 the time specified in the admission agreement, whichever is less.
(a) If the resident's personal belongings are
			 not removed from the facility within the 15-day timeframe, the facility may
			 charge the resident as specified in the admission agreement. However, the
			 facility may not charge for more than 30 days after receiving notification that
			 the resident is unable to return.
(b) A reasonable storage fee may be charged
			 for storage of the resident's belongings beyond 30 days if the admission
			 agreement includes fees for storage.
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 411-054-0090 - Fire and Life Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) FIRE
			 DRILLS. All fire drills shall be conducted according to the Oregon Fire Code
			 (OFC).
(a) Unannounced fire drills must be
			 conducted and recorded every other month at different times of the day,
			 evening, and night shifts.
(b)
			 Fire and life safety instruction to staff must be provided on alternate months.
(c) The Fire Authority may develop
			 an alternative fire drill plan for the facility. Any such plan must be
			 submitted to the Department.
(d) A
			 written fire drill record must be kept to document fire drills that include:
(A) Date and time of day;
(B) Location of simulated fire origin;
(C) The escape route used;
(D) Problems encountered and
			 comments relating to residents who resisted or failed to participate in the
			 drills;
(E) Evacuation time period
			 needed;
(F) Staff members on duty
			 and participating; and
(G) Number
			 of occupants evacuated.
(e) Alternate exit routes must be used during
			 fire drills to react to varying potential fire origin points.
(f) The evacuation capability of the
			 residents and staff is a function of both the ability of the residents to
			 evacuate and the assistance provided by the staff.
(g) Staff must provide fire evacuation
			 assistance to residents from the building to a designated point of safety as
			 determined by the Fire Authority having jurisdiction. Points of safety may
			 include, outside the building, through a horizontal exit, or other areas as
			 determined by the Fire Authority having jurisdiction.
(h) The fire alarm system shall be activated
			 during each fire drill, unless otherwise directed by the Fire Authority having
			 jurisdiction.
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 411-054-0093 - Emergency and Disaster Planning

Current through Register Vol. 63, No. 7, July 1, 2024
An emergency preparedness plan is a written procedure that
				identifies a facility's response to an emergency or disaster for the purpose of
				minimizing loss of life, mitigating trauma, and to the extent possible,
				maintaining services for residents, and preventing or reducing property loss.
(1) The facility must prepare and
			 maintain a written emergency preparedness plan in accordance with the OFC.
(2) The emergency preparedness
			 plan must:
(a) Include analysis and response
			 to potential emergency hazards, including, but not limited to:
(A) Evacuation of a facility;
(B) Fire, smoke, bomb threat, and explosion;
(C) Prolonged power failure,
			 water, and sewer loss;
(D)
			 Structural damage;
(E) Hurricane,
			 tornado, tsunami, volcanic eruption, flood, and earthquake;
(F) Chemical spill or leak; and
(G) Pandemic.
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 411-054-0100 - Exceptions and Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) SPD may
			 grant exceptions to these rules as provided herein. Exceptions will not be
			 granted that are determined, in the discretion of SPD, to be detrimental to the
			 residents. The facility seeking an exception must submit to SPD, in writing,
			 reasons for the exception request.
(2) No exception will be granted from a
			 regulation or provision of these rules pertaining to the monitoring of the
			 facility, resident rights, and inspection of the public files.
(3) Exceptions granted by SPD must be in
			 writing and be reviewed periodically. Exceptions and waivers may be rescinded
			 at any time if SPD determines that continuance of the waiver has a potential
			 adverse impact on resident well-being, privacy, or dignity. SPD will send
			 written notice to the provider with reason(s) why a waiver is denied or
			 rescinded.
(4) If applicable,
			 exceptions will not be granted by SPD without prior consultation with other
			 agencies involved.
(5) For assisted
			 living facilities: an individual exception is required for each resident who
			 chooses to share a unit with someone other than his/her spouse or
			 partner.
Stat. Auth.: ORS
				  410.070 &
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455,
				  443.991
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 411-054-0105 - Inspections and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The facility must cooperate with Department personnel in inspections, complaint
			 investigations, planning for resident care, application procedures, and other
			 necessary activities.
(a) Records must be
			 made available to the Department upon request. Department personnel must have
			 access to all resident and facility records and may conduct private interviews
			 with residents. Failure to comply with this requirement shall result in
			 regulatory action.
(b) The State
			 Long Term Care Ombudsman must have access to all resident and facility records
			 that relate to an investigation. Certified Ombudsman volunteers may have access
			 to facility records that relate to an investigation and access to resident
			 records with written permission from the resident or guardian.
(c) The State Fire Marshal or authorized
			 representative must be permitted access to the facility and records pertinent
			 to resident evacuation and fire safety.
(d) The Oregon Health Authority and
			 appropriate Local Public Health Authority must be permitted access to the
			 facility and records pertinent to investigation of illness or outbreak, as
			 authorized by law.
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 411-054-0106 - Regulatory Framework

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 PURPOSE. The goal of the regulatory framework is to provide transparency,
			 accuracy, and equity related to regulatory actions taken by the Department in
			 response to facilities' lack of substantial compliance with Oregon
			 Administrative Rules. The framework should include application of preventative,
			 positive, and progressively more restrictive measures taken by the Department
			 in response to facilities' lack of substantial compliance with Oregon
			 Administrative Rules. Whenever possible and appropriate, the framework shall be
			 based on a progressive method of regulation based on scope and severity, which
			 includes positive reinforcement, as well as sanctions and penalties.
(2) FOCUS. The framework will address
			 measures related to the scope and severity of noncompliance, including but not
			 limited to:
(a) Whether the facility has
			 qualified awake direct care staff in consistent numbers to consistently meet
			 the scheduled and unscheduled needs of each resident 24 hours a day;
			 and
(b) The impact of any
			 compliance deficiencies on the rights, health, welfare and safety of the
			 residents.
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 411-054-0110 - Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may impose a condition on
			 the license of a residential care or assisted living facility in response to a
			 substantiated finding of rule violation, including, but not limited to a
			 substantiated finding of abuse. A condition shall be imposed in response to a
			 finding of immediate jeopardy, whether or not the finding of immediate jeopardy
			 is substantiated at the time the license condition is imposed.
(2) The Department shall immediately remove
			 the license condition if the finding of immediate jeopardy is not substantiated
			 within 30 calendar days after the imposition of the license
			 condition.
(3) Conditions that may
			 be imposed on a licensee include, but are not limited to:
(a) Restricting the total number of
			 residents;
(b) Restricting the
			 number and impairment level of residents based upon the capacity of the
			 licensee and staff to meet the health and safety needs of all
			 residents;
(c) Requiring additional
			 staff or staff qualifications;
(d)
			 Requiring additional training for staff;
(e) Requiring additional documentation;
			 or
(f) Restriction on admissions,
			 if the Department makes a finding of immediate jeopardy that is likely to
			 present an immediate jeopardy to future residents upon admission.
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 411-054-0110 - Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may impose a condition on the license of a residential care or
			 assisted living facility in response to a substantiated finding of rule
			 violation, including, but not limited to a substantiated finding of abuse, A
			 condition shall be imposed in response to a finding of immediate jeopardy,
			 whether or not the finding of immediate jeopardy is substantiated at the time
			 the license condition is imposed.
(2) The Department shall immediately remove
			 the license condition if the finding of immediate jeopardy is not substantiated
			 within 30 calendar days after the imposition of the license
			 condition.
(3) Conditions that may
			 be imposed on a licensee include, but are not limited to:
(a) Restricting the total number of
			 residents;
(b) Restricting the
			 number and impairment level of residents based upon the capacity of the
			 licensee and staff to meet the health and safety needs of all
			 residents;
(c) Requiring additional
			 staff or staff qualifications;
(d)
			 Requiring additional training for staff;
(e) Requiring additional documentation;
			 or
(f) Restriction on admissions,
			 if the Department makes a finding of immediate jeopardy that is likely to
			 present an immediate jeopardy to future residents upon admission.
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 411-054-0130 - Non-Renewal, Denial, Suspension or Revocation of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may deny, suspend, revoke,
			 or refuse to renew a license under the following conditions:
(a) Where the Department finds there has been
			 substantial failure to comply with these rules;
(b) Where the State Fire Marshal or
			 authorized representative certifies there is failure to comply with all
			 applicable ordinances and rules relating to safety from fire;
(c) If the licensee fails to implement a plan
			 of correction or comply with a final order of the Department imposing an
			 administrative sanction, including the imposition of a civil penalty;
(d) Failure to disclose requested information
			 on the application or provision of incomplete or incorrect information on the
			 application;
(e) Where imminent
			 danger to the health or safety of residents exists;
(f) When the facility has interfered with an
			 employee or volunteer who has made a good faith disclosure of information as
			 described in 411-054-0028(4)
			 and 411-054-0105(2);
(g) Abandonment of facility
			 operation;
(h) Loss of physical
			 possession of the premise;
(i) Loss
			 of operational control of the facility; or
(j) Appointment of a receiver, trustee, or
			 other fiduciary by court order.