Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 88 - NURSING FACILITIES/LICENSING - TRANSFERS › Section 411-088-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR Chapter 411, Division 088, unless the context
				requires otherwise, the following definitions apply:
(1) "Hearing" means a contested case hearing
			 according to the Administrative Procedures Act and the Rules of the
			 Division.
(2) "Involuntary
			 Transfer" means a transfer which is not a voluntary transfer as defined in this
			 rule.
(3) "Legal Representative"
			 means attorney-at-law, person holding a general power of attorney or power of
			 attorney for health care, guardian, conservator or any person appointed by a
			 court to manage the personal or financial affairs of the resident, or person or
			 agency legally responsible for the welfare or support of the resident, other
			 than the facility.
(4) "Medical
			 Emergency" means a medical condition which, in the exercise of medical
			 judgment, requires immediate health care of a level higher than the facility is
			 capable of delivering.
(5) "Notice"
			 means a notice as specifically described within OAR Chapter 411, Division
			 088.
(6) "Post-hospital extended
			 care services" means a prescribed course of treatment following discharge from
			 a hospital, or following outpatient surgical services or emergency treatment in
			 a hospital.
(7) "Private Pay
			 Resident" means a resident who does not receive public assistance under ORS
			 Chapters 411 or 414.
(8)
			 "Rehabilitative Services" means specialized services by a therapist or a
			 therapist assistant to a resident to attain optimal functioning including but
			 not limited to physical therapy, occupational therapy, speech and language
			 therapy and audiology.
(9) "Right
			 of Readmission" means the right to occupy the first vacancy in the facility
			 regardless of any other waiting list following the resident's request for
			 readmission.
(10) "Right of Return"
			 means the right of a person to return to his/her nursing facility bed following
			 transfer to a hospital.
(11)
			 "Specialized Services" means a program of care including hospice,
			 rehabilitative services, respite care, a skilled nursing treatment regime, or
			 be a part of a cooperative effort between the nursing facility and a hospital.
			 The skilled treatment regime must be a regime for which the facility has
			 established a specialty and which is designed to heal or stabilize a medical
			 condition. The cooperative effort between hospital and nursing facility must be
			 for the purposes of assessment and evaluation, monitoring, or for a joint
			 effort in treating a medical condition.
(12) "Transfer" means termination of an
			 individual as a resident of a facility. The term "transfer" does not include
			 death nor does it include a temporary relocation in which the resident's bed
			 remains available for the resident's immediate return.
(13) "Voluntary Transfer" means a transfer
			 for which the resident has given consent after receipt and understanding of the
			 notice, and after the receipt and understanding of the Division's brochure,
"Leaving the Nursing Facility"
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 411.055 & ORS 411.605
Stats. Implemented: ORS
				  441.055, ORS
				  441.600 & ORS
				  441.615