reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 64 - QUALITY CARE FUND FOR LONG-TERM CARE FACILITIES › Section 411-064-0020 - Fund Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall apply evaluation criteria stated in the formal solicitation
			 requirements to approve or deny any proposal.
(2) The Department will notify all
			 applicants, in writing, concerning whether a proposal is approved, in need of
			 additional information, or not approved.
(3) Notification regarding proposals that are
			 not approved will include an overview of the reasons for which the application
			 did not receive approval.
(4) The
			 Department will only authorize awards from the Fund to the extent that funds
			 are available as specified by the Oregon State Treasury.
Statutory/Other Authority: ORS
				  441.025,
				  441.615,
				  441.637,
				  443.001,
				  443.400-443.455,
				  443.705-443.785,
				  443.886 &
				  682.025
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.637,
				  443.001,
				  443.400-443.455,
				  443.705-443.785,
				  443.886 &
				  682.025
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 64 - QUALITY CARE FUND FOR LONG-TERM CARE FACILITIES › Section 411-064-0030 - Fund Accounting and Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Entities that receive funding are
			 required to account for and report use of Fund monies using the method and
			 forms specified by the Department.
(2) Records related to funded projects,
			 project evaluation, and Fund spending must be retained by Fund recipients for a
			 period of six years following the last payment for an approved
			 project.
(3) All payments
			 authorized or issued under the Fund are subject to audit at the discretion of
			 the Department.
(4) The Department
			 may seek financial or legal action against persons or entities which have
			 misused Fund monies or provided false information during the solicitation
			 process, implementation, or reporting phase of projects financed by the Fund.
			 Legal actions may include but are not limited to withholding of payments or
			 further disbursements, initiating a civil action, and exercising civil remedies
			 available to recover Fund payments, and referring the matter for criminal
			 prosecution.
Statutory/Other Authority: ORS
				  441.025,
				  441.615,
				  441.637,
				  443.001,
				  443.400-443.455,
				  443.705-443.785,
				  443.886 &
				  682.025
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.637,
				  443.001,
				  443.400-443.455,
				  443.705-443.785,
				  443.886 &
				  682.025
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 64 - QUALITY CARE FUND FOR LONG-TERM CARE FACILITIES › Section 411-064-0030 - Fund Accounting and Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Entities that receive funding are
			 required to account for and report use of Fund monies using the method and
			 forms specified by the Department.
(2) Records related to funded projects,
			 project evaluation, and Fund spending must be retained by Fund recipients for a
			 period of six years following the last payment for an approved
			 project.
(3) All payments
			 authorized or issued under the Fund are subject to audit at the discretion of
			 the Department.
(4) The Department
			 may seek financial or legal recourse against persons or entities which have
			 misused Fund monies or provided false information during the solicitation
			 process, implementation, or reporting phase of projects financed by the Fund.
			 Legal actions may include but are not limited to withholding of payments or
			 further disbursements, initiating a civil action, and exercising civil remedies
			 available to recover Fund payments, and referring the matter for criminal
			 prosecution.
Statutory/Other Authority: ORS
				  441.025,
				  441.615,
				  441.637,
				  443.001,
				  443.400-443.455,
				  443.705-443.785,
				  443.886 &
				  682.025
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.637,
				  443.001,
				  443.400-443.455,
				  443.705-443.785,
				  443.886 &
				  682.025
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish standards for
				specialized living service contracts. The standards provide an enhanced
				continuum of quality care in a home-like environment for specific target groups
				who are eligible for a live-in attendant, but because of special needs, are
				unable to live independently or receive services in other community-based care
				facilities and who would otherwise require nursing facility care. Services
				provided to residents in the Specialized Living Services Program are Medicaid
				home and community-based services, which may include specific services required
				because of physical, intellectual, or behavioral limitations in meeting
				self-care needs.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Activities of
			 Daily Living (ADL)" means activities usually performed in the course of a
			 normal day in an individual's life, such as eating, dressing, bathing and
			 personal hygiene, mobility, bowel and bladder control, and behavior.
(2) "Area Agency on Aging (AAA)" means the
			 Department of Human Services (DHS) designated agency charged with the
			 responsibility to provide a comprehensive and coordinated system of services to
			 seniors or people with disabilities in a planning and service area. For
			 purposes of these rules, the term Area Agency on Aging (AAA) is inclusive of
			 both Type A and Type B Area Agencies on Aging as defined in ORS
			 410.040 through
			 410.300.
(3) "Brain Injury" means sudden onset of a
			 neurological disorder secondary to disease or trauma.
(4) "Client or Resident" means an individual
			 for whom payment is made under Oregon's Title XIX.
(5) "Change of Ownership" means a change in
			 the individual or organization responsible for operating the program. Events
			 which change ownership include but are not limited to the following:
(a) The form of the legal organization of the
			 owner is changed (e.g., sole proprietor forms a partnership or corporation; a
			 corporation or partnership dissolves);
(b) The title of the organization is
			 transferred to another party;
(c)
			 The facility which is the site of the specialized services program has its
			 license or its lease terminated; or
(d) The facility which is the site of the
			 specialized services program terminates its contract for specialized services
			 with the provider.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0015 - Approval Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person desiring to provide specialized services under the provision of these
			 rules must request approval by submitting the following information in writing
			 to the Department and local AAA:
(a) Name of
			 the provider and address of the facility where services will be
			 provided;
(b) Provider information
			 regarding criminal history and signed Criminal Record Release Authorizations
			 for supervisors and staff;
(c) A
			 description of the target group for whom services will be provided, the age,
			 and number of persons to be served;
(d) Admission criteria consistent with OAR
			 411-065-0030;
(e) Program plans for providing services,
			 including but not limited to the following:
(A) A description of supervisor and staff
			 qualifications and training for the target group to be served;
(B) Specific staff to client ratios whenever
			 clients are present, consistent with OAR
			 411-065-0025; and
(C) A description of client care management
			 criteria including designating responsibility for Activities of Daily Living,
			 specific specialized services for the target group.
(f) A description of facility space and
			 equipment will be sufficient to meet the needs of the group served, including
			 adaptations for and absence of barriers for non-ambulatory persons consistent
			 with OAR 411-065-0045;
(g) A written policy implementing
			 documentation and confidentiality requirements contained in OAR
			 411-065-0020 and
			 411-065-0040, and client rights
			 requirements of 411-065-0046;
(h) Exit criteria consistent with OAR
			 411-065-0035;
(i) A statement of need for the specialized
			 living services and how the services will be cost effective within the meaning
			 of OAR 411-065-0005;
(j) Proposed annual budget identifying
			 sources of revenue; and
(k) Any
			 other information about the provider or target groups as the Department may
			 reasonably require that would facilitate the evaluation of the provider's
			 request for approval.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0020 - Compliance and Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Providers must document appropriate qualifications and training or supervisors
			 and staff to provide care and services for the target group.
(2) Providers must maintain documentation
			 that the approved services are in fact being provided to each client consistent
			 with the care management plan of each client as recorded in each client's
			 record.
(3) Authorized Department
			 and AAA representatives must have immediate access to clients and records.
			 "Access" to client records means the right to personally read charts and
			 records in order to document continuing eligibility for payment, quality of
			 care or alleged abuse. Authorized Department and AAA representatives must be
			 able to make and remove copies of charts and records from the program's
			 premises as required to carry out the above responsibilities.
(4) Authorized Department and AAA
			 representatives must have the right to privately interview any client and any
			 program supervisor or staff in carrying out the above
			 responsibilities.
(5) Authorized
			 Department and AAA representatives may, upon proper identification enter and
			 inspect a facility which has a specialized living services approval and
			 contract at any time to secure compliance with, or prevent a violation of
			 provision of these rules.
(6) If
			 authorized Department and AAA representatives are not permitted access
			 consistent with the requirements of the rule, a search warrant may be
			 obtained.
(7) Completed reports in
			 inspections and evaluations except for confidential information, will be
			 available to the public upon request, during business hours.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0025 - Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider must have staff of sufficient number and qualifications to meet the
			 specialized needs of the target group.
(2) The number and quality of staff will be
			 specified by the Department contract at the time of approval of the contract.
			 At least one staff person must be in attendance at all times when a resident is
			 on the premises.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0030 - Admission Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 provider will develop admission criteria specific to the target group to be
			 served.
(2) Each person must be
			 stabilized in their physical and emotional adjustments to their disability and
			 be able to participate in planning for services to meet their needs.
(3) Each Title XIX eligible person must be
			 screened through the Department's Pre-Admission Screening process to determine
			 suitability for placement based on specific admission criteria.
(4) First priority for any individual needing
			 placement in a specialized living services setting will be a resident of a
			 nursing facility or an acute hospital.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0035 - Exit Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A resident
			 may choose to leave a specialized living services program whenever the program
			 is no longer of benefit. A resident may also be moved if his or her condition
			 deteriorates either mentally or physically to the point that his or her needs
			 can no longer be met by the specialized living services program.
(2) At the time of termination, the resident
			 will be given assistance in securing other placement and resources as
			 needed.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0040 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider
			 must maintain confidential records for each resident that contains the client's
			 service plan, a copy of written client right rules and documentation that the
			 rules have been discussed with the client, and all pertinent medical, social
			 and financial information. Narrative entries describing the client's progress
			 must be made no less often than every 30 days. Disclosure of information from
			 any records must be in accordance with applicable laws and rules.
(2) The provider will keep records, books and
			 documents as may be required by contract by the Department that will be made
			 available for inspection to authorized state or federal personnel or persons
			 authorized on their behalf.
(3) If
			 the provider manages a client's money, a separate account record must be
			 maintained in the client's name. The provider must not commingle, borrow from,
			 or pledge any funds of a client.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0045 - Facility Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Specialized living services that are provided in a community based setting must
			 meet applicable zoning, building, housing, water, sewer and fire safety codes,
			 rules, and regulations. If an exception or waiver is granted by a regulatory
			 agency, the Department may accept the waiver or exception as long as it does
			 not jeopardize the health, safety or welfare of the residents.
(2) The facility must be constructed in such
			 a way as to be adaptable to meet the physical needs of the resident.
(3) The facility must maintain in good repair
			 and operable conditions all structures, installed equipment, grounds and living
			 units so as to maintain health and safety.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0046 - Client Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each client
			 receiving specialized living services must be assured the same civil and human
			 rights accorded to other citizens.
(2) The provider must document in writing,
			 implement and fully inform each client of policies and procedures that protect
			 clients' rights, including:
(a) Adequate
			 food, housing, clothing, medical and health care and personal
			 services;
(b) Visits to and from
			 family members, friends, advocates, legal and medical professionals;
(c) Confidential communications;
(d) Personal property;
(e) Privacy;
(f) Freedom from involuntary training,
			 treatment, participation in activities and chemical or mechanical
			 restraints;
(g) Religious practices
			 as personally preferred;
(h)
			 Voting;
(i) Access to community
			 resources, including recreation, agency services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0047 - Denial, Termination, Nonrenewal or Suspension of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Failure to
			 Comply. The Department may deny, terminate, or refuse to renew provider
			 approvals with providers who fail to comply with OAR
			 411-065-0000 through
			 411-065-0050 relating to
			 specialized living services contracts.
(2) Emergency Suspension. When the Department
			 has reason to believe that imminent danger to clients exists, the Department
			 may immediately suspend the provider's approval and take action necessary to
			 protect the health and safety of clients.
(3) Suspension or Termination of Payments.
			 Since valid approval is a condition precedent to payment under a contract for
			 specialized living services, the denial, termination, nonrenewal or suspension
			 of approval provides grounds for suspending or termination payments under a
			 specialized living services contract.
(4) Any denial, termination, nonrenewal or
			 suspension shall be done in accordance with the rules of the division and ORS
			 chapter 183.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0048 - Conditions for Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 payment will be made to any person or organization from the Department for
			 specialized living services without first obtaining approval from the
			 Department as prescribed in these rules.
(2) Where specialized living services are
			 provided in a residential care facility, or an adult foster home or independent
			 living unit, the following requirements apply:
(a) Facilities that meet the definition of
			 residential care facility in ORS
			 443.400 to
			 443.455 must be licensed and
			 certified pursuant to OAR
			 411-054-0000 et seq.;
(b) Facilities that meet the definition of an
			 adult foster home in ORS
			 443.705 to
			 443.825 must be licensed and
			 certified pursuant to OAR
			 411-050-0400 et seq.;
			 and
(c) Facilities that meet the
			 definition of independent living units must meet the requirements of OAR
			 chapter 411, division 030.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0049 - Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The total
			 monthly rate for specialized living services must not exceed the amount
			 approved for each resident in accordance with the terms of the contract signed
			 by the Department.
(2) Any add-on
			 costs for nursing services must not exceed the RN Contract fee rate.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 65 - SPECIALIZED LIVING SERVICES CONTRACTS › Section 411-065-0050 - Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 specialized living services provider will have a contractual agreement with the
			 Department specifying: type of administrative and direct care staff; terms of
			 payment and procedures; roles and responsibilities of each party; and general
			 provisions. The contract does not guarantee the number of Department clients
			 who will be referred to or maintained in a program.
(2) Specialized living services contracts are
			 effective for one year. In conjunction with the annual program evaluation, the
			 Department will consider the results of the program evaluation prior to making
			 its determination to renew the contract.
(3) The terms of the contract will establish
			 the conditions upon which the contract may be terminated. A provider has no
			 right to continuation of a specialized living services contract beyond the
			 specific year in which a written contract has been executed. Approval of a
			 provider's specialized living services program pursuant to OAR
			 411-065-0015 does not create an
			 express or implied contract in the absence of a fully executed written contract
			 with the Department.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 66 - REGISTRATION AND CERTIFICATION STANDARDS FOR ADULT DAY SERVICES PROGRAMS › Section 411-066-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult
			 day services are community-based group programs designed to meet the service
			 needs of aging and people with physical disabilities in a structured
			 non-residential setting.
(2) These
			 rules:
(a) Create a registry of adult day
			 services programs and describe the process and criteria for listing on the
			 registry.
(b) Allow state
			 certification for programs enrolled as a provider with the State of Oregon to
			 provide Medicaid-funded adult day services to Medicaid-eligible individuals in
			 home and community-based settings. Certification by the Department of Human
			 Services (DHS), Aging and People with Disabilities (APD) is intended to fulfill
			 the Centers for Medicare and Medicaid Services (CMS) requirements of "state
			 certified" adult day service programs with the purpose of continuing
			 eligibility criteria for Medicare beneficiaries.
(c) Define the criteria for state
			 certification.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 66 - REGISTRATION AND CERTIFICATION STANDARDS FOR ADULT DAY SERVICES PROGRAMS › Section 411-066-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Activities of
			 Daily Living (ADL)" means those personal, functional activities required by an
			 individual for continued well-being, which are essential for health and safety.
			 Activities include eating, dressing and grooming, bathing and personal hygiene,
			 mobility elimination, and cognition as described in OAR
			 411-015-0006.
(2) "Adult Day Services (ADS) Program" means
			 a community-based group program designed to meet the needs of adults with
			 functional impairments through service plans as defined in (23) of this rule.
			 These structured, comprehensive, non-residential programs provide health,
			 social, and related support services in a protective setting for less than 24
			 hours per day.
(3) "Aging and
			 People with Disabilities (APD)" means the Aging and People with Disabilities
			 program within the Department of Human Services.
(4) "Area Agency on Aging (AAA)" means the
			 Department-designated agency charged with the responsibility to provide a
			 comprehensive and coordinated system of services to older adults and adults
			 with disabilities in a planning and service area. The term Area Agency on Aging
			 is inclusive of both Type A and Type B Area Agencies on Aging as defined in ORS
			 410.040 to 410.30.
(5) "Background Check" means a criminal
			 background check and abuse check under OAR chapter 407, division 007.
(6) "Case Manager (CM)" means a Department
			 employee, or an employee of the Department's designee, that meets the minimum
			 qualifications in OAR
			 411-028-0040 and who is
			 responsible for service eligibility, assessment of need, offering service
			 choices to eligible individuals, person-centered service planning, service
			 authorization and implementation, and evaluation of the effectiveness of
			 Medicaid-funded home and community-based services.
(7) "Certification" means to certify the
			 individual adult day services program by measuring the ability of the adult day
			 services program to meet the DHS, APD standards set forth in these
			 rules.
(8) "Department" means the
			 Department of Human Services (DHS).
(9) "Deputy Director" means the Deputy
			 Director of the DHS, APD program, or that person's designee.
(10) "Exception" means an approval of a
			 service plan granted to a specific individual that meets policy criteria
			 allowing ADS attendance while living in an adult foster home.
(11) "Food Handler" means those persons
			 involved in the supervision, preparation, or service of food in a restaurant or
			 food service facility licensed under ORS
			 624.020 or
			 624.320. This includes, but is
			 not limited to:
(a) Managers;
(b) Cooks;
(c) Wait staff;
(d) Dishwashers;
(e) Bartenders; and
(f) Bus persons.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 66 - REGISTRATION AND CERTIFICATION STANDARDS FOR ADULT DAY SERVICES PROGRAMS › Section 411-066-0010 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All ADS
			 programs that voluntarily provide APD with the information described in section
			 (2) of this rule shall be placed on APD's ADS registry.
(2) Information on the registry must include,
			 but is not limited to:
(a) The name and
			 address of the ADS program.
(b) A
			 checklist to determine the extent the ADS program is voluntarily complying with
			 the standards set forth in OAR
			 411-066-0020.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 66 - REGISTRATION AND CERTIFICATION STANDARDS FOR ADULT DAY SERVICES PROGRAMS › Section 411-066-0015 - Certification

Current through Register Vol. 63, No. 7, July 1, 2024
ADS programs that enroll with APD to provide services must be
				certified.
(1) INITIAL CERTIFICATION.
(a) To receive APD Adult Day Service
			 certification, which is required to become a DHS Medicaid-enrolled provider, an
			 ADS program must complete all of the following certification process steps:
(A) Contact APD to schedule an initial
			 on-site visit.
(B) Provide a cover
			 letter detailing qualifications as an ADS.
(C) In preparation for the on-site
			 inspection, the ADS will Complete the ADS certification self-assessment which
			 demonstrates the program meets the standards for adult day services in OAR
			 411-066-0020.
(D) Participate in a follow-up on-site
			 inspection by APD.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Act" means the
			 Continuing Care Retirement Community Provider Registration Act, ORS Chapter
			 101.
(2) "Activities of Daily
			 Living" mean those personal, functional activities required by an individual
			 for continued well-being, which are essential for health and safety. Activities
			 consist of eating, dressing/grooming, bathing/personal hygiene, mobility
			 (ambulation and transfer), elimination (toileting, bowel, and bladder
			 management), and cognition/behavior.
(3) "Adjacent Properties" mean two or more
			 pieces of land that are separated by no more than 1000 feet.
(4) "Affiliated Organization" means any
			 profit or not-for-profit corporation, limited liability company, partnership,
			 sole proprietorship, sponsoring entity, or other form of legal entity:
(a) That is the lessor of the real property
			 on which the facilities of the provider are situated;
(b) That a provider has identified in the
			 disclosure statement as described in OAR
			 411-067-0050; or
(c) In which any director, executive officer,
			 or manager of a provider has an equity or debtor financial interest in excess
			 of $10,000.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0010 - Registration Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Providers
			 who operate a CCRC must register with the Division.
(2) If a provider operates more than one CCRC
			 facility, each facility must be registered with the Division and separately
			 listed on the disclosure statement.
(3) No entity shall claim to be a CCRC in
			 Oregon without being registered pursuant to these rules.
(4) A new CCRC provider must register with
			 the Division before:
(a) Entering into a
			 residency agreement with a nonresident;
(b) Soliciting either a prospective resident
			 or nonresident to pay an application fee or execute a residency agreement;
			 or
(c) Collecting an entrance
			 fee.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0020 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APPLICATION FOR
			 REGISTRATION:
(a) Application for
			 registration must be made to the Division on forms prescribed by the Division.
			 The application must include:
(A) The
			 registration fee as described in section (2) of this rule;
(B) The annual disclosure statement as
			 described in OAR 411-067-0050; and
(C) The reserve requirement statement as
			 described in OAR 411-067-0060.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0055 - Residency Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider and the prospective resident must sign and date a residency agreement
			 before CCRC services begin.
(2) A
			 copy of the agreement must be provided to the resident.
(3) The residency agreement must list in
			 boldface type the percentage of the entrance fee to be refunded and the manner
			 in which the percentage of the entrance fee is calculated.
Stat. Auth.: ORS
				  101.150 &
				  410.090
Stats. Implemented: ORS
				  101.030,
				  101.050 &
				  101.080
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0060 - Reserve Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider must establish and maintain at all times:
(a) A debt service liquid reserve in an
			 amount equal to or exceeding the total of all principal and interest payments
			 due during the next 12 months on account of a mortgage loan or other long term
			 financing of the CCRC taking into consideration any anticipated refinancing;
			 and
(b) An operating liquid reserve
			 in an amount equal to or exceeding the total of the CCRC's projected operating
			 expenses for three months. For the purpose of calculating the amount required
			 for the operating liquid reserve, projected operating expenses include any
			 anticipated expenses associated with providing housing or health related
			 services included under all the residency agreements.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0065 - Provider Liquidation

Current through Register Vol. 63, No. 7, July 1, 2024
If the provider is liquidated, the claims of the residents
				arising under residency agreements must be preferred claims that have priority
				over other unperfected claims against the provider's assets.
Stat. Auth.: ORS
				  101.150 &
				  410.090
Stats. Implemented: ORS
				  101.065
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0070 - Escrow Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ESCROW
			 ACCOUNT REQUIRED. Prior to the Division issuing a certificate of registration
			 to a provider for a new CCRC or new CCRC facility, the provider must establish
			 an escrow account with a bank, trust company, or licensed escrow agent. A
			 provider, otherwise in compliance with these rules, may not be required to
			 establish an escrow account if the provider constructs one or more new physical
			 structures, remodels, or expands on an existing CCRC facility on the same or
			 adjacent site.
(a) The provider must directly
			 deposit all entrance fees into the escrow account upon receipt. Entrance fees
			 must be deposited into the escrow account prior to a resident being allowed to
			 occupy the living unit in the new CCRC or new CCRC facility.
(b) The provider must maintain a current list
			 that identifies the name and address of each individual who paid the entrance
			 fee and the amount paid.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0080 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 certificate of registration is not transferable.
(2) A registered provider who wishes to sell,
			 transfer ownership, or lease any CCRC or CCRC facility must obtain approval
			 from the Division. The Division shall grant approval when the requirements of
			 sections (3) and (4) of this rule have been met.
(3) Prior to taking over ownership or
			 operation of the CCRC or CCRC facility, the purchasing provider must obtain a
			 certificate of registration as described in OAR
			 411-067-0020.
(4) If the purchasing provider already has a
			 certificate of registration, then the purchasing provider's certificate of
			 registration must be amended to include the newly purchased CCRC or CCRC
			 facility prior to taking over ownership or operation of the newly purchased
			 CCRC or CCRC facility.
Stat. Auth.: ORS
				  101.150 &
				  410.090
Stats. Implemented: ORS
				  101.100
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0083 - Resident Meetings and Notice of Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The governing body or a designated
			 representative of the provider must hold meetings with the residents' council
			 (Council) or all residents of the CCRC at least twice a year for the purpose of
			 free discussion of subjects that may include but are not limited to facility
			 income, expenditures, financial trends, resident concerns, and proposed changes
			 in policy, programs, fees, and services.
(a)
			 The meetings must be open to the designated personal representatives of the
			 residents.
(b) The provider must
			 present for discussion any issue the Council or any resident of the CCRC
			 identifies orally or in writing 14 days or more prior to the meeting. Any issue
			 presented for discussion must be of general concern to the CCRC and must be
			 communicated to the individual as set forth by CCRC policy.
(c) The CCRC must report the dates of the
			 meetings in the annual disclosure statement.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0090 - Complaints, Investigations and Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INVESTIGATIONS REQUIRED. The Division
			 shall investigate all complaints made regarding violations of the CCRC Act,
			 these rules, or orders adopted under the Act.
(a) Division staff or representatives of the
			 Division shall carry out investigations as soon as practicable.
(b) The Division may interview pertinent
			 witnesses including employees of the provider and review the provider's
			 documents and records.
(c) Except
			 as prohibited by the Elderly Persons and Persons with Disabilities Abuse
			 Prevention Act, ORS chapter 124, the Division shall notify the provider within
			 seven working days of any complaint and the provider shall be given an
			 opportunity to respond.
(d) The
			 provider must make the documents and records requested under subsection (b) of
			 this section available to the Division for review and copying.
(e) The provider is responsible for
			 violations of the Act, these rules, or orders adopted under the Act committed
			 by the provider's employees, subcontractors, or agents.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0100 - Promotional Material

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PROHIBITION
			 REGARDING ENDORSEMENT CLAIM. A provider may not advertise, represent, or imply
			 that a CCRC has been inspected or approved by the State of Oregon or the
			 Division.
(2) FEE SCHEDULE. All
			 copies of the provider's fee schedule must state that a copy of the annual
			 disclosure statement is available upon request.
(3) OUT-OF-STATE PROVIDER. An organization
			 advertising CCRC services provided in another state may advertise in Oregon
			 without being registered in Oregon only if the advertisement clarifies the
			 state or other government entity through which the organization is licensed or
			 registered.
Stat. Auth.: ORS
				  101.150 &
				  410.090
Stats. Implemented: ORS
				  101.150
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0000 - Definitions Relating to Room and Board Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abuse" means "abuse" as defined in OAR
			 411-020-0002 (Adult Protective
			 Services).
(a) PHYSICAL ABUSE.
(A) Physical abuse includes:
(i) The use of physical force that may result
			 in bodily injury, physical pain, or impairment; or
(ii) Any physical injury to an adult caused
			 by other than accidental means.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0005 - Certificate of Registration Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who operates a RB facility as
			 defined in these rules must obtain a Certificate of Registration (registration)
			 for the facility from the Department prior to providing services and prior to
			 receiving compensation for the services provided.
(2) If an operator runs more than one RB
			 facility, each facility must have a separate registration.
(3) A change of ownership of a facility
			 requires both a new registration application and a new registration. A
			 registration is non-transferable and does not apply to any location or person
			 other than those indicated on the registration obtained by the
			 Department.
(4) When an RB facility
			 is to be sold or otherwise transferred or conveyed to another operator, the new
			 operator must apply for and obtain a new registration prior to the transfer of
			 operation to a new operator.
(5) A
			 registration is valid for one year unless revoked or suspended at an earlier
			 date.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0008 - Background Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All SI's
			 must have an approved background check, which for non-operators or non-operator
			 applicants, may include an approved preliminary fitness determination, prior to
			 operating, training in, working in or living in an RB facility.
(a) Operators must maintain documentation of
			 preliminary and final fitness determinations with RB facility records in
			 accordance with these rules and the background check rules.
(b) Verification may include printed or
			 electronic documentation, which must be readily accessible upon
			 request.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0010 - Application and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application for a registration shall be submitted by the operator in writing on
			 a form APD 0926. The application shall include but not be limited to:
(a) A description of the property or place in
			 or upon which the applicant proposes to maintain or conduct an RB
			 facility.
(b) A complete and
			 accurate floor plan that indicates:
(A) The
			 size of rooms.
(B) Which bedrooms
			 are to be used by tenants, the operator, and the tenant manager.
(C) The location of all exits and emergency
			 exits such as windows.
(D) The
			 location of fire extinguishers, smoke alarms, and carbon monoxide alarms,
			 planned evacuation routes and designated smoking areas in or on the RB facility
			 premises.
(c) The maximum
			 number of tenants who can reside at the facility.
(d) The names of all tenants residing at the
			 facility at the time of application.
(e) The number of floors to be
			 occupied.
(f) The number of beds on
			 each floor.
(g) The name, address,
			 telephone number and birth date of the applicant.
(h) The names, addresses, telephone numbers
			 and birth dates of any partner, corporate officer or other persons having a
			 financial interest in the property, including but not limited to a landlord or
			 mortgage holder of the property.
(i) The name, address, telephone number and
			 birth date of the tenant manager, if applicable.
(j) A written plan describing the
			 administrative responsibilities, staff coverage and services which will be
			 offered to tenants.
(k) A copy of
			 the residency agreement as described in
			 411-068-0040.
(l) Documentation of the initiation of a
			 background check or a copy of an approved background check for all SI's as
			 defined in OAR 411-068-0000.
(m) A signed and dated statement from the
			 operator stating that the operator and the facility are in compliance with all
			 the requirements of these rules.
(n) A copy of an official document from a
			 financial institution or local government or a fully executed contract
			 evidencing the operator's right to occupy the property designated as the
			 proposed RB facility, such as a recorded deed, sale agreement, lease agreement
			 between current property owner and applicant. The right to occupy the premises
			 must be concurrent with at least the term of the registration.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0015 - Issuance of Certificate of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department determines that all
			 requirements of ORS 443.480 to
			 443.500 and these rules have
			 been met, it shall issue a registration to the applicant for the facility
			 within 60 calendar days of receipt of the completed application and the
			 registration fee.
(2) If the
			 Department determines that any of the requirements for registration have not
			 been met, the Department shall notify the applicant within 60 calendar days of
			 receipt of the application materials and the registration fee. The applicant
			 shall have 30 calendar days to come into compliance with the requirements. If
			 the requirements are not met within the time allowed the Department shall issue
			 an order denying the registration.
(3) The registration shall include but not be
			 limited to: the name, address and phone number of the operator of the facility;
			 the address and phone number of the facility; the maximum number of tenants who
			 can reside at the facility; the effective date and expiration date of the
			 registration; and a statement in a prominent location and typeface that states:
"A certificate of registration does not constitute approval,
				recommendation or endorsement of a room and board facility by Aging and People
				with Disabilities program within the Oregon Department of Human
				Services."
(4) The issuance
			 of a registration shall not mean that the Department has inspected, approved or
			 made any representation regarding the quality of a RB facility.
(5) A RB facility operator shall not
			 advertise, represent or imply that a home has been inspected or approved by the
			 State of Oregon.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500