Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 49 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - PURPOSE, DEFINITIONS, AND LICENSURE › Section 411-049-0105 - License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) REQUIRED. Any
			 facility that meets the definition of an AFH or limited AFH in OAR
			 411-049-0102 must apply for and
			 obtain a license from the LLA before providing care to any resident for
			 compensation.
(2) A person or
			 entity may not represent themselves as operating an AFH or accept placement of
			 a resident without being licensed as an AFH.
(3) DURATION. A license is valid for one year
			 unless revoked or suspended by the Department.
(4) When the Department reviews a license and
			 determines that the convenience of both the licensee and the Department will be
			 served, a license period may be changed to match the renewal schedule of
			 another license held by the same licensee. The request for a schedule change
			 may be made by either the Department or the licensee. No license period may
			 extend beyond one year.
(5)
			 NON-TRANSFERABLE LICENSE AND SALE, LEASE OR CHANGE OF OWNERSHIP REQUIREMENTS. A
			 change of ownership of an AFH requires both a new license application and a new
			 license.
(a) A license is not transferable and
			 does not apply to any location or person other than the location and person
			 indicated on the license obtained from the LLA.
(b) The licensee must inform real estate
			 agents, prospective buyers, lessees, and transferees in all written
			 communication, including advertising and disclosure statements, that the
			 license to operate the AFH is not transferable and the licensee must refer them
			 to the LLA for information about licensing.
(c) When a home is to be sold or otherwise
			 transferred or conveyed to another person who intends to operate the home as an
			 AFH, that person must apply for and obtain a license from the LLA before the
			 transfer of operation of the home.
(d) Prior to operation the new owner:
(A) Must have an approved license from the
			 Department before transfer of ownership.
(B) Must not begin operation of the AFH until
			 the Department has issued the license.
(C) Must conduct pre-admission screenings
			 according to OAR 411-051-0110(1)(a)(A)
			 - (C) for residents wishing to remain in the AFH.
(e) NOTICE OF CHANGE OF OWNERSHIP.
(A) The licensee must promptly notify the LLA
			 in writing about the licensee's intent to close or convey the AFH to another
			 person. The licensee must provide written notice to the residents and the
			 residents' representatives and case managers, as applicable, according to OAR
			 411-050-0760(3)(e).
(B) The licensee must inform a person
			 intending to assume operation of an existing AFH that the residents currently
			 residing in the home must be given at least 30 calendar days' written notice of
			 the licensee's intent to close the AFH to convey the home to another
			 person.
(C) The licensee must
			 include the following information in the written notice:
(i) Names of the present owner and
			 prospective owner.
(ii) Name and
			 address of the AFH for which the ownership is being changed.
(iii) Date of proposed change.
(iv) Any change in the house policies or
			 operations that could impact a resident's ability to continue to live in the
			 home.
(v) The licensee must remain
			 licensed and responsible for the operation of the home and care of the
			 residents in accordance with these rules until the home is closed and the
			 residents have been relocated, or the home is conveyed to a new licensee who is
			 licensed by the LLA at a level appropriate to the care needs of the residents
			 in the home.
(f) PRIORITY PROCESSING. To prevent
			 disruption to residents, current licensees may request in writing that the
			 Department give priority processing to an applicant seeking to be licensed as
			 the new licensee for the AFH.