Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0050 - Disclosure Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 providers must file a disclosure statement with the Division upon initial
			 application and annually thereafter. The disclosure statement must be on forms
			 prescribed by the Division.
(2)
			 DISCLOSURE STATEMENT: The disclosure statement must include:
(a) The rights and requirements of the
			 residents described in OAR
			 411-067-0086;
(b) The names of the individuals who
			 constitute the provider or, if the provider is a partnership, limited liability
			 company, corporation, or other legal entity, whether for profit or not for
			 profit, the name of the legal entity and each of the officers, directors,
			 trustees, or managing general partners of the legal entity and a description of
			 each individual's duties on behalf of the legal entity;
(c) The business address of the provider and
			 a statement of whether the provider is an individual, partnership, limited
			 liability company, corporation, or other affiliated organization;
(d) The names and business addresses of any
			 individual having any more than a 10 percent direct or indirect ownership or
			 beneficial interest in the provider, the percentage of the direct or indirect
			 ownership or beneficial interest, and a description of each individual's
			 interest in or occupation with the provider;
(e) A statement as to whether the provider is
			 or is not affiliated with any other organization of any kind, the extent of the
			 affiliation, if any, and the extent to which the organization is responsible
			 for the financial and contractual obligations of the provider;
(f) The provision of the Internal Revenue
			 Code, if any, under which the provider or any affiliated organization is exempt
			 from the payment of federal income taxes;
(g) The location and general description of
			 the CCRC including the location and number of living units and licensed long
			 term care beds considered part of the CCRC, and any other care facilities owned
			 or operated by the provider. The provider must disclose the following about any
			 proposed CCRC or other care facilities:
(A)
			 The estimated completion date;
(B)
			 A statement as to whether or not construction has begun; and
(C) Any contingencies subject to which
			 construction may be deferred;
(h) The number of open bed long term care
			 facility beds operated by the CCRC;
(i) A description of services provided or
			 proposed to be furnished by the provider under its residency agreements
			 including without limitation:
(A) The extent
			 to which medical care, long term care, or health related services are
			 furnished, and the locations where the services shall be furnished. If the
			 services are furnished at a facility that is not registered as part of the
			 CCRC's campus, the provider must state the location where the services are
			 furnished and any additional fees associated with the services; and
(B) The services made available by the CCRC
			 at an extra charge over and above the entrance fee;
(j) A description of all fees required of
			 each resident including the entrance fee, regular periodic charges, and the
			 manner in which any additional fees or regular periodic charges shall be
			 determined. The description must include:
(A)
			 The circumstances under which the resident shall be permitted to remain in the
			 CCRC in the event the resident is unable to pay regular periodic charges or
			 other fees;
(B) The terms and
			 conditions under which the residency agreement may be canceled by the provider
			 or the resident or in the event of the death of the resident prior to or
			 following occupancy of the living unit;
(C) In boldfaced type, the percentage of the
			 entrance fee refund required by ORS
			 101.080 and the manner in which
			 this percentage is calculated;
(D)
			 The conditions under which a living unit occupied by a resident may be made
			 available by the provider to another resident other than on the death of the
			 resident executing the residency agreement;
(E) The manner by which the provider may
			 adjust regular periodic charges or other recurring fees;
(F) A statement of the fees to be charged if
			 the resident marries or divorces while at the designated CCRC, the terms
			 concerning a resident's spouse's entry to or departure from a CCRC, and the
			 consequences if a new spouse does not meet the requirements for entry;
			 and
(G) The terms and conditions
			 for the transfer of a resident out of the CCRC;
(k) The provider's most recent audited
			 financial statement. The audited financial statement may not have been prepared
			 more than 16 months prior to the date of the initial application for
			 registration;
(l) A copy of the
			 residency agreement offered to the prospective resident by the
			 provider;
(m) A statement on the
			 cover page in a prominent location and typeface that registration of the CCRC
			 does not constitute approval, recommendation, or endorsement of the CCRC by the
			 Department, and that such registration does not evidence the accuracy or
			 completeness of the information set forth in the disclosure
			 statement;
(n) Copies of the
			 primary written brochures and written promotional materials furnished to
			 prospective residents;
(o) A full
			 description of all contracts that the provider has entered into with affiliated
			 organizations and an explanation of the financial impact that the contracts may
			 have on residents;
(p) An affidavit
			 signed by an authorized representative of the CCRC confirming that the
			 disclosure statement is complete and accurate;
(q) If required, a copy of the escrow
			 agreement as described in OAR
			 411-067-0070.
(r) Any person or legal entity named in
			 subsection (b) or (d) of this section and any proposed or existing manager must
			 disclose:
(A) Business experience in operation
			 or management of CCRCs or other licensed long term care facilities;
(B) Whether the person or legal entity has
			 been convicted of a crime;
(C)
			 Whether the person has been a party to any civil action in which a judgment for
			 damages was obtained or in which an injunction was issued against the person
			 for fraud, embezzlement, fraudulent conversion, or misappropriation of
			 property;
(D) Whether the person or
			 legal entity has been a party to any civil action in which a judgment for
			 damages was obtained or in which an injunction was issued against the person or
			 legal entity for fraud, embezzlement, fraudulent conversion, or
			 misappropriation of property;
(E)
			 Whether the person or legal entity has had any state, federal permits, or
			 licenses, suspended or revoked, or if a state or federal authority has
			 disqualified the person or legal entity from providing services in the Medicare
			 or Medicaid program in connection with the person or legal entity's business
			 activities;
(F) The identity of any
			 business or professional service entity in which the person or legal entity has
			 a 10 percent or greater ownership interest and which the provider intends to
			 employ to provide goods, services, or any other things of value; and
(G) The anticipated costs to the provider or
			 a statement that such costs cannot presently be estimated.