reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 50 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF OPERATION › Section 411-050-0730 - Operational Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 own, rent, or lease the home to be licensed, however, the LLA may grant a
			 variance to churches, hospitals, non-profit associations, or similar
			 organizations. If a licensee rents or leases the premises where the AFH is
			 located, the licensee may not enter into a contract that requires anything
			 other than a flat rate for the lease or rental. The licensee of a building
			 where an AFH is located may not allow the owner, landlord, or lessor to
			 interfere with the admission, transfer, or voluntary or involuntary move of any
			 resident in the AFH unless the owner, landlord, or lessor is named on the
			 license.
(2) Each AFH licensee must
			 comply with:
(a) All applicable local
			 business license, zoning, building, and housing codes, including the Oregon
			 Residential Specialty Code (ORSC).
(b) The Fair Housing Act.
(c) State and local fire and safety
			 regulations for a single-family residence, and Oregon Fire Code, Appendix
			 R.
(d) Federal regulations governing
			 HCB Settings. Licensees initially licensed before January 1, 2016 must fully
			 comply with Home and Community-Based Services and Settings and Person-Centered
			 Service Plans, OAR chapter 411, division 004.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 50 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF OPERATION › Section 411-050-0735 - Staffing Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 licensee or administrator must have qualified caregivers, including awake
			 caregivers as necessary, sufficient in number to meet the 24-hour needs of each
			 resident in addition to caring for any children or relatives beyond the license
			 capacity of the AFH.
(2) A licensee
			 or administrator may not employ a resident manager, floating resident manager,
			 or shift caregiver who does not meet or exceed the qualifications and training
			 requirements as described in OAR
			 411-049-0125 and classification
			 standards for the AFH as described in and OAR
			 411-049-0105.
(3) A licensee or administrator may not
			 employ or allow any caregiver to train or work in the home who is on either of
			 the Exclusion Lists.
(a) A licensee or
			 administrator must verify the administrator, resident manager, floating
			 resident manager, and shift caregivers, as applicable, are not listed on either
			 of the Exclusion Lists prior to employment.
(b) Verification of checking the Exclusion
			 Lists must be clearly documented in the facility records.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 50 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF OPERATION › Section 411-050-0740 - Foreclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 provide written notification to the LLA within 10 calendar days after receipt
			 of any notice of default, or any notice of potential default, with respect to a
			 real estate contract, trust deed, mortgage, or other security interest
			 affecting any property occupied or used by the licensee.
(2) The licensee must provide a copy of the
			 notice of default or warning of potential default to the LLA.
(3) The licensee must provide written updates
			 to the LLA at least every 30 days until the default or warning of potential
			 default has been resolved and no additional defaults or potential defaults have
			 been declared and no additional warnings have been issued. Written updates must
			 include:
(a) The current status on what
			 action has been or is about to be taken by the licensee with respect to the
			 notice received.
(b) The action
			 demanded or threatened by the holder of the security interest.
(c) Any other information reasonably
			 requested by the LLA.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 50 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF OPERATION › Section 411-050-0755 - Records - Availability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ACCESS
			 TO RESIDENT RECORDS. Resident records must be readily available at the AFH to:
(a) Residents, the residents' representatives
			 or other legally authorized persons, all caregivers working in the home, and
			 the Department, the LLA, the investigative authority, case managers, the
			 Centers for Medicare and Medicaid Services (CMS), and Oregon Health Authority
			 (OHA) for the purpose of conducting inspections or investigations.
(b) The State Long-Term Care Ombudsman must
			 be provided access to all resident and facility records. A Deputy Ombudsman and
			 Certified Ombudsman Volunteers must be provided access to facility records
			 relevant to caregiving and resident records with written permission from the
			 resident or the resident's representative. (See OAR
			 114-005-0030).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 50 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF OPERATION › Section 411-050-0760 - Resident Moves and Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The licensee must 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 adult foster care setting due to safety and medical limitations.
(a) If a resident moves, or intends to move,
			 out of an AFH for any reason, the licensee must cooperate with the potential
			 licensee's or administrator's screening and assessment activities as directed
			 by the resident or the resident's representative and submit copies of pertinent
			 information from the resident's record to the resident's new place of residence
			 at the time of move. Pertinent information must include, at a minimum:
(A) Copies of current prescribing medical
			 practitioner's orders for medications, current medication sheets, an updated
			 care plan, including the elements of any person-centered service plan, and any
			 documentation of limitations.
(B)
			 Documentation of actions taken by the AFH staff, resident, or the resident's
			 representative pertaining to the move or transfer.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0110 - Pre-Admission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PRE-ADMISSION
			 SCREENING AND ASSESSMENT.
(a) Before
			 admission, the licensee or administrator must conduct and document a screening
			 using the Department's current Adult Foster Home Screening and Assessment and
			 General Information form (SDS 0902) to determine if a prospective resident's
			 care needs exceed the license classification of the home. The screening must:
(A) Evaluate the ability of the prospective
			 resident to evacuate the home within three minutes along with all the occupants
			 of the home.
(B) Determine if the
			 licensee and caregivers can meet the prospective resident's needs in addition
			 to meeting the needs of the other residents of the home.
(C) Include medical diagnoses, medications,
			 personal care needs, nursing care needs, cognitive needs, communication needs,
			 night care needs, nutritional needs, activities, lifestyle preferences, and
			 other information, as needed, to assure the prospective resident's care needs
			 shall be met.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0115 - Care Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During the
			 initial 14 calendar days following the resident's admission to the home, the
			 licensee or administrator must continue to assess and document the resident's
			 preferences and care needs. The assessment and care plan must be completed by
			 the licensee or administrator and documented within the initial 14-day period.
			 The care plan must describe the resident's needs, preferences, capabilities,
			 what assistance the resident requires for various tasks, and must include:
(a) By whom, when, and how often care and
			 services shall be provided.
(b) The
			 resident's ability to perform activities of daily living (ADLs).
(c) Special equipment needs.
(d) Communication needs (examples may
			 include, but are not limited to, hearing or vision needs, such as eraser boards
			 or flash cards, or language barriers, such as sign language or non-English
			 speaking).
(e) Night
			 needs.
(f) Medical or physical
			 health problems, including physical disabilities, relevant to care and
			 services.
(g) Cognitive, emotional,
			 or other impairments relevant to care and services.
(h) Treatments, procedures, or
			 therapies.
(i) Registered nurse
			 consultation, teaching, delegation, or assessment.
(j) Behavioral interventions.
(k) Social, spiritual, and emotional needs,
			 including lifestyle preferences, name, pronouns, legal name, gender identity,
			 activities, and significant others involved.
(l) The ability to exit in an emergency,
			 including assistance and equipment needed.
(m) Any use of physical restraints or
			 psychotropic medications.
(n)
			 Dietary needs and preferences.
(o)
			 Any individually-based limitations according to OAR
			 411-051-0105
			 (3).
(A)
			 Effective July 1, 2019, and no later than June 30, 2020, the licensee or
			 administrator must identify any individually-based limitations to the use of
			 restraints or the HCBS rights as listed in OAR
			 411-051-0105(2).
(B) For Medicaid-eligible residents, the
			 person-centered service plan coordinator must authorize the limitation and the
			 individual must consent to the limitation. The licensee or administrator must
			 incorporate and document all applicable elements identified in OAR
			 411-051-0105(3).
(C) Limitations are not transferable between
			 care settings. Continued need for any limitation at the new care setting must
			 comply with the requirements as stated in OAR
			 411-051-0105.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0115 - Care Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During the
			 initial 14 calendar days following the resident's admission to the home, the
			 licensee or administrator must continue to assess and document the resident's
			 preferences and care needs. The assessment and care plan must be completed by
			 the licensee or administrator and documented within the initial 14-day period.
			 The care plan must describe the resident's needs, preferences, capabilities,
			 what assistance the resident requires for various tasks, and must include:
(a) By whom, when, and how often care and
			 services shall be provided.
(b) The
			 resident's ability to perform activities of daily living (ADLs).
(c) Special equipment needs.
(d) Communication needs (examples may
			 include, but are not limited to, hearing or vision needs, such as eraser boards
			 or flash cards, or language barriers, such as sign language or non-English
			 speaking).
(e) Night
			 needs.
(f) Medical or physical
			 health problems, including physical disabilities, relevant to care and
			 services.
(g) Cognitive, emotional,
			 or other impairments relevant to care and services.
(h) Treatments, procedures, or
			 therapies.
(i) Registered nurse
			 consultation, teaching, delegation, or assessment.
(j) Behavioral interventions.
(k) Social, spiritual, and emotional needs,
			 including lifestyle preferences, activities, and significant others
			 involved.
(l) The ability to exit
			 in an emergency, including assistance and equipment needed.
(m) Any use of physical restraints or
			 psychotropic medications.
(n)
			 Dietary needs and preferences.
(o)
			 Any individually-based limitations according to OAR
			 411-051-0105
			 (3).
(A)
			 Effective July 1, 2019 and no later than June 30, 2020, the licensee or
			 administrator must identify any individually-based limitations to the use of
			 restraints or the HCBS rights as listed in OAR
			 411-051-0105(2).
(B) For Medicaid-eligible residents, the
			 person-centered service plan coordinator must authorize the limitation and the
			 individual must consent to the limitation. The licensee or administrator must
			 incorporate and document all applicable elements identified in OAR
			 411-051-0105(3).
(C) Limitations are not transferable between
			 care settings. Continued need for any limitation at the new care setting must
			 comply with the requirements as stated in OAR
			 411-051-0105.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0120 - Person-Centered Service Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Medicaid-eligible resident's case manager shall complete a person-centered
			 service plan, pursuant to OAR
			 411-004-0030. The licensee or
			 administrator must incorporate all applicable elements identified in the
			 person-centered service plan that the licensee or administrator is responsible
			 for implementing. The licensee or administrator must notify the resident's case
			 manager in the event a review and change or removal of an existing limitation
			 is warranted, and when a new limitation is supported by a specific assessed
			 need.
(a) All attempts to notify the
			 resident's case manager about a review to change, remove, or add a limitation
			 must be documented, and available in the resident's record.
(b) The licensee or administrator may not be
			 held responsible for any failure on the case manager's part to conduct a review
			 of current limitations or to complete the person-centered service plan if there
			 have been multiple documented attempts to contact the resident's case manager
			 and the resident has been reasonably protected from harm.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0125 - Registered Nurse Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 RN CONSULTATION AND ASSESSMENT. A licensee or administrator must have an
			 arrangement with at least one registered nurse, who has a current, active,
			 unencumbered Oregon license to provide consultation, assessment, teaching,
			 delegation, or review of medication administration processes, as needed to meet
			 the care needs of non-Medicaid residents as required by these rules.
(a) The licensee or administrator must check
			 to confirm the RN has a current, active, unencumbered Oregon license on the
			 OSBN website at:
https://osbn.oregon.gov/OSBNVerification/Default.aspx
.
(b) Verification of the RN's status with the
			 OSBN must be documented and readily accessible in the facility's
			 records.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 51 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - STANDARDS OF CARE › Section 411-051-0130 - Standards for Medications, Treatments, and Therapies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) MEDICATIONS. The licensee and caregivers
			 must demonstrate an understanding of each resident's medication administration
			 regimen, including the reason for the medication, specific instructions, the
			 medication's actions, and common side effects. Medication resource material
			 must be readily available at the home and include:
(a) The product or drug information
			 sheet;
(b) A current drug manual;
			 or
(c) Internet access to a drug
			 reference website that is readily available for all caregivers.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0005 - Investigations and Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 LLA must conduct an in-person inspection of an AFH and all structures on the
			 AFH property. The in-person inspection must be conducted:
(a) Before issuance of a license.
(b) Before the annual renewal of a
			 license.
(c) Upon receipt of an
			 oral or written complaint of violations that threaten the health, safety, or
			 welfare of residents.
(d) Anytime
			 the Department has probable cause to believe a home has violated a regulation
			 or provision of these rules or is operating without a license.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0010 - Letter of Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon a
			 determination of substantiated abuse or a rule violation, the Department must
			 provide written letter of determination to the licensee. The written notice
			 shall:
(a) Explain the nature of each
			 allegation.
(b) Include the date
			 and time of each occurrence.
(c)
			 For each allegation, include a determination of whether the allegation is
			 substantiated, unsubstantiated, or inconclusive.
(d) For each substantiated allegation, state
			 whether the violation was abuse or another rule violation.
(e) Include a copy of the complaint
			 investigation report.
(f) State
			 that the complainant, any person reported to have committed wrongdoing, and the
			 facility have 15 calendar days to provide additional or different
			 information.
(g) For each
			 allegation, explain the applicable appeal rights available.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0015 - Procedures for Correction of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, as a result of an inspection or
			 investigation, the Department determines that abuse has occurred, the licensee
			 shall be notified verbally to immediately cease the abusive act. The Department
			 shall follow-up with a written confirmation of the warning to cease the abusive
			 act and shall include notification that further sanctioning may be
			 imposed.
(2) If an inspection or
			 investigation indicates a violation of these rules other than abuse, the LLA
			 shall notify the licensee of the violation in writing.
(3) The notice of violation may not include
			 information that may be used to identify a resident in accordance with OAR
			 411-020-0030, Confidentiality,
			 and federal HIPAA Privacy Rules. Notices placed in the public file must comply
			 with OAR 411-052-0005 and must include
			 the following:
(a) A description of each
			 condition that constitutes a violation.
(b) Each rule that has been
			 violated.
(c) A specific time frame
			 for correction, not to exceed 30 calendar days after receipt of the notice. The
			 LLA may approve a reasonable time of more than 30 calendar days if correction
			 of the violation within that time frame is not practical. If the licensee or
			 administrator requests more than 30 calendar days to correct the violation,
			 such time must be specified in the licensee or administrator's plan of
			 correction and must be found acceptable by the LLA.
(d) Sanctions that may be imposed against the
			 home for failure to correct the violation.
(e) The right of the licensee to contest the
			 violation if an administrative sanction is imposed.
(f) The right of the licensee to request a
			 variance as provided in OAR
			 411-049-0160.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0020 - Sanctions - Administrative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 administrative sanction may be imposed for non-compliance with these rules. An
			 administrative sanction includes one or more of the following actions:
(a) Attachment of conditions to a
			 license.
(b) Civil
			 penalties.
(c) Denial, suspension,
			 revocation, or non-renewal of license.
(d) Reclassification of a license.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0025 - Sanctions - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise provided in this rule, civil penalties of not less than
			 $100 per violation, and not more than $250 per violation may be assessed for a
			 general violation of these rules.
(2) Mandatory penalties up to $500, unless
			 otherwise required by law, shall be assessed for falsifying resident or
			 facility records or causing another to do so.
(3) A mandatory penalty of $250 shall be
			 imposed for failure to have either the licensee or other qualified caregiver on
			 duty 24 hours per day in the AFH.
(4) A mandatory penalty of not less than $100
			 and not more than $250 shall be imposed for dismantling or removing the battery
			 from, or failing to install, any required smoke or carbon monoxide
			 alarm.
(5) The Department shall
			 impose a civil penalty of not less than $250 and no more than $500 on a
			 licensee who admits a resident knowing that the resident's care needs exceed
			 the license classification of the licensee and the admission places the
			 resident or other residents at risk of harm.
(6) A mandatory penalty of $500 shall be
			 assessed for interfering with or retaliating against an individual making a
			 good faith disclosure of information concerning the abuse or mistreatment of an
			 individual receiving care and services in an adult foster home.
(7) Civil penalties of not less than $100 and
			 not more than $1,000 per occurrence may be assessed for substantiated
			 abuse.
(8) If the Department, or
			 the Department's designee, conducts an investigation and abuse is substantiated
			 and if the abuse resulted in the death, serious injury, rape, or sexual abuse
			 of a resident, the Department shall impose a civil penalty of not less than
			 $2,500 for each violation.
(a) To impose this
			 civil penalty, the Department must establish:
(A) The abuse arose from deliberate or other
			 than accidental action or inaction.
(B) The conduct resulting in the abuse was
			 likely to cause death, serious injury, rape, or sexual abuse of a
			 resident.
(C) The person with the
			 finding of abuse had a duty of care toward the resident.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0030 - Sanctions - Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Conditions may be attached to a license and take effect immediately upon
			 notification by the Department or the delivery date of the notice, whichever is
			 sooner. The type of condition attached to a license must directly relate to a
			 risk of harm or potential risk of harm to residents. Conditions may be attached
			 upon a finding that:
(a) Information on the
			 application or initial inspection requires a condition to protect the health,
			 safety, or welfare of the residents.
(b) A threat to the health, safety, or
			 welfare of a resident exists.
(c)
			 There is reliable evidence of abuse, neglect, or exploitation.
(d) The licensee or caregivers demonstrate
			 the inability to meet the evacuation times described in OAR
			 411-050-0720.
(e) The home is not being operated in
			 compliance with these rules.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0035 - Sanctions - Denial, Revocation, or Non-Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall deny, revoke, or
			 refuse to renew a license where the Department finds:
(a) There has been substantial non-compliance
			 with these rules or where there is substantial non-compliance with local codes
			 and ordinances or any other state or federal law or rule applicable to the
			 health and safety of caring for residents in an AFH.
(b) The Department has conducted a background
			 check and determined the applicant or licensee is not approved in accordance
			 with OAR 411-049-0120.
(c) The licensee allows a caregiver, or any
			 other person, excluding the residents, to reside or work in the AFH, who has
			 been convicted of potentially disqualifying crimes, and has been denied, or
			 refused to cooperate with the Department in accordance with OAR
			 411-049-0120.
(d) The applicant or licensee falsely
			 represents that he or she has not been convicted of a crime.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0040 - Sanctions - Suspension of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may immediately suspend a
			 license for reason of abuse, neglect, or exploitation of a resident if:
(a) The Department finds that the abuse,
			 neglect, or exploitation causes an immediate threat to any of the
			 residents.
(b) The licensee fails
			 to operate the home or any other facility in substantial compliance with ORS
			 443.705 to
			 443.825.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 52 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - COMPLAINTS, INVESTIGATIONS, AND SANCTIONS › Section 411-052-0045 - Criminal Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Operating an AFH without a license is punishable as a Class C misdemeanor per
			 ORS 443.991(5).
(2) Refusing to allow access and inspection
			 of a home by Department or LLA staff or state or local fire inspection is a
			 Class B misdemeanor per ORS
			 443.991(6).
(3) The Department may commence an action to
			 enjoin operation of an AFH:
(a) When an AFH
			 is operated without a valid license.
(b) After a notice of revocation or
			 suspension has been given and a reasonable time for placement of individuals in
			 other facilities has been allowed.
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 411-054-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to establish standards for assisted living and residential care
			 facilities that promote the availability of a wide range of individualized
			 services for elderly and persons with disabilities, in a homelike environment.
			 The standards are designed to enhance the dignity, independence, individuality,
			 and decision making ability of the resident in a safe and secure environment
			 while addressing the needs of the resident in a manner that supports and
			 enables the individual to maximize abilities to function at the highest level
			 possible.
(2) Residential care and
			 assisted living facilities are also required to adhere to Home and
			 Community-Based Services, OAR 411-004. For purposes of these rules, all
			 residential care and assisted living facilities are considered home and
			 community-based care settings and therefore shall be referred to as
			 "facility".
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 411-054-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions
				apply:
(1) "Abuse" means abuse as
			 defined in OAR 411-020-0002 (Adult Protective
			 Services).
(2) "Activities of Daily
			 Living (ADL)" mean 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.
(3) "Acuity-Based Staffing Tool (ABST)" means
			 the tool described in ORS
			 443.432 or an acuity-based
			 staffing tool adopted by a facility that meets requirements established by the
			 Department in OAR 411-054-0037. An ABST is used by
			 a facility to assess the acuity of each resident and determine the amount of
			 staff time necessary to meet the 24-hour scheduled and unscheduled needs of
			 each resident. Facilities may choose to use the ABST established by the
			 Department, or use another department-approved acuity-based staffing
			 tool.
(4) "ABST Care Elements"
			 means the required individual care elements that must be addressed and
			 documented in a resident's ABST evaluation as outlined in
			 411-054-0037(3).
(5) "Acute Sexual Assault" means any
			 non-consensual or unwanted sexual contact that warrants medical treatment or
			 forensic collection.
(6)
			 "Administrator" means the person who is designated by the licensee that is
			 responsible for the daily operation and maintenance of the facility as
			 described in OAR 411-054-0065.
(7) "Advance Directive" means a document that
			 contains a health care instruction or a power of attorney for health
			 care.
(8) "Aging and People with
			 Disabilities (APD)" means the program area of Aging and People with
			 Disabilities, within the Department of Human Services.
(9) "Applicant" means the individual,
			 individuals, or entity, required to complete a facility application for
			 license.
(a) Except as set forth in OAR
			 411-054-0013(1)(b),
			 applicant includes a sole proprietor, each partner in a partnership, and each
			 member with a 10 percent or more ownership interest in a limited liability
			 company, corporation, or entity that:
(A)
			 Owns the residential care or assisted living facility business; or
(B) Operates the residential care or assisted
			 living facility on behalf of the facility business owner.
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 411-054-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions
				apply:
(1) "Abuse" means abuse as
			 defined in OAR 411-020-0002 (Adult Protective
			 Services).
(2) "Activities of Daily
			 Living (ADL)" mean 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.
(3) "Acuity-Based Staffing Tool" means the
			 tool described in ORS
			 443.432 or an acuity-based
			 staffing tool adopted by a facility that meets requirements established by the
			 Department in OAR 411-054-0050. An ABST is used by
			 a facility to assess the acuity of each resident and determine the amount of
			 staff time necessary to meet the 24-hour scheduled and unscheduled needs of
			 each resident. Facilities may choose to use the tool established by the
			 Department, the ODHS ABST, or use another acuity-based staffing tool.
(4) "Acute Sexual Assault" means any
			 non-consensual or unwanted sexual contact that warrants medical treatment or
			 forensic collection.
(5)
			 "Administrator" means the person who is designated by the licensee that is
			 responsible for the daily operation and maintenance of the facility as
			 described in OAR 411-054-0065.
(6) "Advance Directive" means a document that
			 contains a health care instruction or a power of attorney for health
			 care.
(7) "Aging and People with
			 Disabilities (APD)" means the program area of Aging and People with
			 Disabilities, within the Department of Human Services.
(8) "Applicant" means the individual,
			 individuals, or entity, required to complete a facility application for
			 license.
(a) Except as set forth in OAR
			 411-054-0013(1)(b),
			 applicant includes a sole proprietor, each partner in a partnership, and each
			 member with a 10 percent or more ownership interest in a limited liability
			 company, corporation, or entity that:
(A)
			 Owns the residential care or assisted living facility business; or
(B) Operates the residential care or assisted
			 living facility on behalf of the facility business owner.
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 411-054-0010 - Licensing Standard

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 individual, entity, or governmental unit acting individually or jointly with
			 any other individual, entity, or governmental unit may establish, maintain,
			 conduct, or operate a residential care or assisted living facility, use the
			 term residential care or assisted living facility, or hold itself out as being
			 a residential care or assisted living facility or as providing residential care
			 or assisted living services, without being duly licensed as such.
(2) Each license to operate a residential
			 care or assisted living facility shall expire two years following the date of
			 issuance unless revoked, suspended, terminated earlier, or issued for a shorter
			 specified period.
(3) Each
			 residential care and assisted living facility must be licensed, maintained, and
			 operated as a separate and distinct facility.
(4) A license may not be required for a
			 building, complex, or distinct part thereof, where six or more individuals
			 reside where activities of daily living assistance and health services are not
			 offered or provided by the facility.
(a)
			 Facility representatives and written materials may not purport that such care
			 and services are offered or provided by the facility.
(b) Prospective and actual tenants must have
			 no expectations that such care and services are offered or shall be provided by
			 the facility.
(c) The Department's
			 Director shall determine whether a residential care or assisted living facility
			 license is required in cases where the definition of a facility's operations is
			 in dispute.
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 411-054-0012 - Requirements for New Construction or Initial Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant requesting approval of a
			 potential license for new construction or licensing of an existing building
			 that is not operating as a licensed facility, must communicate with the
			 Department before submitting a letter of intent as described in section (3) of
			 this rule.
(2) Before beginning new
			 construction of a building, or purchase of an existing building with intent to
			 request a license, the applicant must provide the following information for
			 consideration by the Department for a potential license:
(a) Demonstrate a past history, if any, of
			 substantial compliance with all applicable state and local laws, rules, codes,
			 ordinances, and permit requirements in Oregon, and the ability to deliver
			 quality services to citizens of Oregon; and
(b) Provide a letter of intent as set forth
			 in section (3) of this rule.
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 411-054-0016 - New Applicant Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this rule, "applicant" means each entity, as
				defined in OAR 411-054-0005, who holds 10
				percent or more incident of ownership in the applicant as described in OAR
				411-054-0013(1)(b).
				For those who serve the Medicaid population, "applicant" means each entity, as
				defined in OAR 411-054-0005, who holds 5
				percent or more incident of ownership regardless of the individual's effect on
				the operation of the facility. Applicants for licensure (excluding license
				renewal, but including all conversion facilities, changes of ownership,
				management, or operator) must meet the following criteria:
(1) BACKGROUND CHECK. Each applicant may not
			 have convictions of any of the crimes listed in OAR
			 407-007-0275 and must complete a
			 background check conducted by the Department in accordance with OAR
			 407-007-0200 to
			 407-007-0370.
(2) PERFORMANCE HISTORY. The Department shall
			 consider an applicant's performance history, including repeat sanctions or rule
			 violations, before issuing a license.
(a)
			 Each applicant must be free of incident of ownership history in any facility in
			 Oregon that provides or provided (at the time of ownership) care to children,
			 elderly, ill, or individuals with disabilities that had its license or
			 certification involuntarily suspended or voluntarily terminated during any
			 state or federal sanction process during the past five years.
(b) Applicants must be free of incident of
			 ownership history in any facility in any state that had its license or
			 certification involuntarily suspended or voluntarily terminated during any
			 state or federal sanction process during the past five years.
(c) Failure to provide accurate information
			 or demonstrate required performance history may result in the Department's
			 denial of a 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 411-054-0019 - Change of Ownership or Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensee and the prospective licensee
			 must each notify the Department in writing of a contemplated change in
			 ownership or management entity. The written notification must be received at
			 least 60 days prior to the proposed date of change.
(a) The prospective licensee or management
			 entity must submit at least 60 days in advance of the proposed date change:
(A) A completed application form;
(B) A copy of policies, procedures, rental
			 agreements, service plans, identification of the acuity-based staffing tool the
			 facility will implement and use, and required disclosure information, including
			 the Consumer Summary Statement; and
(C) A licensing fee, as described in ORS
			 443.415, submitted according to
			 Department policy.
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 411-054-0019 - Change of Ownership or Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensee and the prospective licensee
			 must each notify the Department in writing of a contemplated change in
			 ownership or management entity. The written notification must be received at
			 least 60 days prior to the proposed date of change.
(a) The prospective licensee or management
			 entity must submit at least 60 days in advance of the proposed date change:
(A) A completed application form;
(B) A copy of policies, procedures, rental
			 agreements, service plans, and required disclosure information, including the
			 Consumer Summary Statement; and
(C)
			 A licensing fee, as described in ORS
			 443.415, submitted according to
			 Department policy.
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 411-054-0025 - Facility Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) FACILITY OPERATION.
(a) The licensee is responsible for the
			 operation of the facility and the quality of services rendered in the
			 facility.
(b) The licensee is
			 responsible for the supervision, training, and overall conduct of staff when
			 staff are acting within the scope of his or her employment duties.
(c) The licensee is responsible for ensuring
			 that the facility complies with the tuberculosis screening recommendations in
			 OAR 333-019-0041.
(d) The licensee is responsible for obtaining
			 background checks on all subject individuals.
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 411-054-0026 - Disclosure and Notification to Potential Residents

Current through Register Vol. 63, No. 7, July 1, 2024
The facility must provide the following documents to potential
				residents before move-in:
(1) UNIFORM
			 DISCLOSURE STATEMENT. This is a Department-designated form (form APD 9098A) to
			 provide to each individual who requests information about the
			 facility.
(2) RESIDENCY AGREEMENT.
			 This is an agreement prepared by the facility. The residency agreement must be
			 reviewed by the Department before distribution and must include the following:
(a) Terms of occupancy, including policy on
			 the possession of firearms and ammunition.
(b) Payment provisions including the basic
			 rental rate and what it includes, cost of additional services, billing method,
			 payment system and due dates, deposits, and non-refundable fees, if
			 applicable.
(c) The method for
			 evaluating a resident's service needs and assessing the costs for the services
			 provided.
(d) Policy for increases,
			 additions, or changes to the rate structure. The disclosure must address the
			 minimum requirement of 30 days prior written notice of any facility-wide
			 increases or changes and the requirement for immediate written notice for
			 individual resident rate changes that occur as a result of changes in the
			 service plan.
(e) Refund and
			 proration conditions.
(f) A
			 description of the scope of resident services available according to OAR
			 411-054-0030.
(g) A description of the service planning
			 process.
(h) Additional available
			 services.
(i) The philosophy of how
			 health care and ADL services are provided to the resident.
(j) Resident rights and
			 responsibilities.
(k) The
			 facility's system for packaging medications including the option for residents
			 to choose a pharmacy that meets the requirements of ORS
			 443.437.
(l) Criteria, actions, circumstances, or
			 conditions that may result in a move-out notification or intra-facility move
			 consistent with OAR 411-054-0080.
(m) Resident rights pertaining to
			 notification of involuntary move-out.
(n) Notice that the Department has the
			 authority to examine resident records as part of the evaluation of the
			 facility.
(o) The facility's
			 staffing plan.
(p) Additional
			 elements as listed in
			 411-054-0027(2).