reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 58 - LONG TERM CARE REFERRAL SERVICES › Section 411-058-0080 - Background Check Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any referral agent, including any employee, owner, or operator of a referral
			 agency who provides long term care referrals to clients, and who comes into
			 direct contact with clients must pass a criminal background check every 24
			 months as described in this section of this rule. Direct contact with clients
			 includes:
(a) In-person contact with
			 clients;
(b) Telephone contact with
			 clients to obtain client-specific information, including, but not restricted to
			 a client's medical, financial, and long term care needs;
(c) Electronic communication with clients to
			 obtain client-specific information, including, but not restricted to a client's
			 medical, financial, and long term care needs; or
(d) Contact with clients through written
			 communication via US mail, other delivery services, or facsimile to obtain
			 client-specific information, including, but not restricted to a client's
			 medical, financial, and long term care needs.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 58 - LONG TERM CARE REFERRAL SERVICES › Section 411-058-0085 - Mandatory Abuse Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Referral agents are mandatory reporters under ORS
			 124.050 and subject to the abuse
			 reporting requirements of ORS
			 124.060.
(2) A mandatory reporter must report if they
			 have reasonable cause to believe that an elderly person in any setting has
			 suffered abuse, as described in ORS
			 124.050 and listed below:
(a) Any physical injury to an elderly person
			 caused by other than accidental means.
(b) Neglect.
(c) Abandonment.
(d) Willful infliction of physical pain or
			 injury.
(e) Crimes listed in ORS
			 124.050.
(f) Verbal abuse.
(g) Financial exploitation.
(h) Sexual abuse.
(i) Involuntary seclusion of an elderly
			 person for the convenience of a caregiver or to discipline the
			 person.
(j) A wrongful use of a
			 physical or chemical restraint.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 58 - LONG TERM CARE REFERRAL SERVICES › Section 411-058-0090 - Administrative Sanctions and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may impose an
			 administrative sanction or a civil penalty against a referral agent for
			 noncompliance with these rules, as follows:
(a) There has been substantial failure to
			 comply with these rules or where there is substantial noncompliance with local
			 codes and ordinances or any other state or federal law or rule applicable to
			 rights of clients receiving the services under these rules.
(b) The application or renewal for the
			 Certificate of Registration contains fraudulent information or material
			 misrepresentations.
(c) The
			 referral agent fails to comply with a final order of the Department to correct
			 a violation of these rules for which an administrative sanction has been
			 imposed; or
(d) The referral agent
			 fails to comply with a final order of the Department imposing an administrative
			 sanction.
(e) The referral agent
			 has been substantiated for abuse after a report issued under ORS
			 124.071 or
			 441.650.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 58 - LONG TERM CARE REFERRAL SERVICES › Section 411-058-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  443.373
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  443.373
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 58 - LONG TERM CARE REFERRAL SERVICES › Section 411-058-0110 - Notice and Hearing Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 NOTICE. A notice of administrative sanction or civil penalty shall follow
			 procedures established by ORS
			 183.745"Civil Penalty
			 Procedures" and be sent by mail, certified mail or electronic mail.
(2) HEARINGS. Right to Hearing. If the
			 Department imposes an Order, the licensee is entitled to a contested case
			 hearing pursuant to ORS chapter 183.
(3) REQUEST FOR HEARING. A referral agent who
			 wishes to contest the proposed civil penalty must request a hearing within 20
			 calendar days of the date of mailing of the notice. The request must be made in
			 writing and mailed or emailed to the address in the notice. If mailed by First
			 Class Mail, the date of postmark shall be the date of request.
(4) INFORMAL REVIEW. As part of this
			 contested case hearing process, the referral agent may request that an informal
			 review be held to discuss the merits of the case before the contested case
			 hearing.
(a) The Department has discretion on
			 whether to grant an informal review. If the Department grants the informal
			 review, the referral agent will be contacted, and an informal review will be
			 scheduled.
(b) If the referral
			 agent and the Department resolve the issues to the satisfaction of the referral
			 agent, then the Department will contact the Office of Administrative Hearings
			 (OAH) and inform OAH the contested case hearing will not need to
			 proceed.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 59 - HOUSING WITH SERVICES › Section 411-059-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to the rules in OAR chapter 411, division 059:
(1) "Case Management" means the planning,
			 coordination, and referral of services provided directly by the project or from
			 external providers, including, but not limited to:
(a) Transportation;
(b) Meal programs;
(c) Legal services;
(d) Financial services;
(e) Supportive services;
(f) Counseling services;
(g) Recreational, social and wellness
			 activities and programs; or
(h)
			 Services to increase participation in community life.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 59 - HOUSING WITH SERVICES › Section 411-059-0010 - Registration Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 411-059-0030, all entities that
			 coordinate two or more health or social services for older adults and people
			 with disabilities who live in publicly subsidized or private congregate
			 settings must register with the Department as a housing with services
			 project.
(2) The Department shall
			 send a certificate of registration to the housing with services project within
			 90 days of receipt of the registration form. The Department shall notify the
			 housing with services project within 60 days of receipt of the form if the form
			 is incomplete or otherwise needs to be corrected.
(3) The Department shall enter the project's
			 information on its registry if the Department determines the requirements of
			 these rules and ORS 443.378 are met.
Statutory/Other Authority: ORS
				  410.070 & ORS
				  443.378
Statutes/Other Implemented: ORS
				  410.070 & ORS
				  443.378
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 59 - HOUSING WITH SERVICES › Section 411-059-0020 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) HOUSING WITH
			 SERVICES PROJECT REGISTRATION:
(a) A Housing
			 with Services project must register with the Department on forms prescribed by
			 the Department. The registration form must include the housing with services
			 project's:
(A) Name;
(B) Address; and
(C) Primary contact person and contact
			 information (such as phone, email, mailing address, or FAX number).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 59 - HOUSING WITH SERVICES › Section 411-059-0030 - Registration Required - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A housing with services project is not
			 required to register with the Department under these rules and ORS
			 443.378 if the housing with
			 services project is regulated by the Housing and Community Services Department
			 or the federal Department of Housing and Urban Development.
(2) No later than December 31 of each
			 calendar year, the Housing and Community Services Department shall provide the
			 Department a list of housing with services projects regulated by the Housing
			 and Community Services Department that serve older adults, people with
			 disabilities, or both.
(3) No later
			 than December 31 of each calendar year, the Department shall obtain a list of
			 housing with services projects in Oregon that are regulated by the federal
			 Department of Housing and Urban Development and not regulated by the Housing
			 and Community Services Department that serve older adults, people with
			 disabilities, or both.
(4) The
			 lists in sections (2) and (3) of this rule shall include, at a minimum, the
			 following information, the housing with services project's:
(a) Name;
(b) Address; and
(c) Primary contact person and contact
			 information.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 59 - HOUSING WITH SERVICES › Section 411-059-0040 - Department Information for Tenants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon entering a project on the registry,
			 as stipulated in OAR 411-059-0020 through
			 411-059-0030, the Department
			 shall provide housing with services projects with information on resources
			 available to tenants within 30 business days, including, but not limited to,
			 information about:
(a) The Aging and
			 Disability Resource Connection; and
(b) Hotlines for reporting
			 abuse.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 59 - HOUSING WITH SERVICES › Section 411-059-0050 - Administrative Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department has reasonable cause to believe an entity is a housing with services
			 project subject to the registration requirements of OAR
			 411-059-0010 through OAR
			 411-059-0020 and is operating
			 without registration, the Department may contact or enter the housing with
			 services project to determine whether it is subject to registration
			 requirements under ORS
			 443.378.
(2) If the Department determines a project
			 should have registered under these rules, the Department may issue a demand to
			 register.
(3) The Department shall
			 serve the demand to register upon the operator personally or by certified mail.
			 The demand to register shall include:
(a) A
			 reference to the particular sections of statute or rule involved;
(b) A short and plain statement of the
			 matters asserted or charged; and
(c) A statement of the right to request a
			 hearing.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 60 - COVID-19 TESTING IN LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-060-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules in OAR chapter 411, division 060 is
				to establish requirements for Nursing Facilities, Assisted Living Facilities
				and Residential Care Facilities to ensure all residents, Facility Staff and
				Associated Staff are tested for COVID-19. The scope of these rules includes
				requirements for admission testing, routine testing of staff, and ongoing
				outbreak-associated testing. The standards are designed to protect vulnerable
				Residents, prevent transmission among Residents, Facility Staff and Associated
				Staff, and improve prevention efforts during the COVID-19 pandemic.
Statutory/Other Authority: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 60 - COVID-19 TESTING IN LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-060-0025 - Ensuring Trauma-Informed and Culturally Responsive Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Facilities and
			 Associated Staffing Providers must adopt trauma-informed approaches to testing
			 in accordance with Department guidance and professional standards of practice.
			 Such approaches must account for the experiences and preferences of the person
			 being tested to eliminate or mitigate triggers that may cause re-traumatization
			 of the resident.
(2) Facilities and
			 Associated Staffing Providers must ensure that all communications and
			 testing-related support services for Residents, Facility Staff, and Associated
			 Staff, such as mediation, decision-making support, and mental health services,
			 are delivered in a linguistically and culturally appropriate manner and are in
			 accordance with Department guidance and professional standards of practice.
			 Medicaid enrolled members who require the use of certified health care
			 interpreters shall be afforded that opportunity consistent with relevant
			 OARs.
Statutory/Other Authority: ORS
				  441.612,
				  443.450
Statutes/Other Implemented: ORS
				  441.612,
				  443.450
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 60 - COVID-19 TESTING IN LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-060-0027 - Routine Staff Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Every Assisted Living Facility and Residential Care Facility
				shall:
(1) Ensure that all Facility
			 Staff and Associated Staff are tested routinely for COVID-19 on an interval
			 that considers the published county positivity rate, the availability of
			 testing resources and at the frequency outlined in the Department guidance.
			 Nursing Facilities will follow the standards set forth in the interim rules
			 issued by the US Centers for Medicare and Medicaid Services (CMS) in 85 Federal
			 Register 54820 (September 2, 2020). Nursing Facilities will also follow any
			 guidance issued by CMS related to these rules.
(2) If a Facility is unable to comply with
			 the required testing interval due to lack of access to molecular testing
			 services that can reliably process tests within 48 hours or lack of access to
			 antigen tests, the Facility may request an exception and alternate testing
			 schedule from the Department.
(3)
			 Conduct testing in a manner that is consistent with current standards of
			 practice for conducting COVID-19 tests as defined in OHA clinical
			 guidance.
(4) For each instance of
			 Facility Staff and Associated Staff testing, document or obtain copies of
			 documentation that testing was completed and the results of each
			 test.
(5) Upon the identification
			 of an individual specified in this paragraph with symptoms consistent with
			 COVID-19, or who tests positive for COVID-19, take actions to prevent the
			 transmission of COVID-19.
(6) Have
			 procedures for addressing Facility Staff and Associated Staff who refuse
			 testing or are unable to be tested. Serial testing of all Facility Staff and
			 Associated Staff is mandatory, except for those Facility Staff and Associated
			 Staff who provide medical justification for declining testing from a licensed
			 health care provider. If any Facility Staff or Associated Staff refuses testing
			 that is required under this rule, the Facility or Associated Staffing Provider
			 is required to address a refusal as a personnel matter with the individual
			 employee. Personnel consequences for refusals to test shall be consistent with
			 requirements under federal and state employment laws and collective bargaining
			 agreements, if applicable.
Statutory/Other Authority: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 60 - COVID-19 TESTING IN LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-060-0030 - Outbreak Prevention Testing

Current through Register Vol. 63, No. 7, July 1, 2024
Effective November 1, 2020, a Facility must coordinate or
				complete specimen collection for COVID-19 testing of all Residents, Facility
				Staff and Associated Staff within 72 hours of identification of a new case of
				COVID-19 in either a Resident, Facility Staff or Associated Staff.
Statutory/Other Authority: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 60 - COVID-19 TESTING IN LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-060-0040 - Consent for Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Facility
			 must obtain consent from a Resident, or their representative, and Facility
			 Staff prior to COVID-19 testing. The Facility shall develop a protocol to
			 obtain consent from Residents and a separate protocol to obtain consent from
			 Facility Staff.
(2) Prior to
			 obtaining consent pursuant to section (1) of this section, a Facility shall
			 provide communication to a Resident or their representative, and the Resident
			 family as applicable, regarding upcoming testing. Where possible and feasible,
			 the Facility shall provide this communication at least one week prior to
			 obtaining consent from the Resident.
(3) Facilities must ensure that Associated
			 Staffing Providers obtain consent from Associated Staff prior to COVID-19
			 testing. The Facility shall develop a protocol to document consent for any
			 Associated Staff.
(4) Prior to
			 obtaining consent pursuant to section (3) of this section, an Associated
			 Staffing Provider shall provide communication to Associated Staff regarding
			 upcoming testing. Where possible and feasible, the Associated Staffing Provider
			 shall provide this communication at least one week prior to obtaining consent
			 from the Associated Staff.
Statutory/Other Authority: ORS
				  441.612,
				  443.450
Statutes/Other Implemented: ORS
				  441.612,
				  443.450
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 60 - COVID-19 TESTING IN LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-060-0050 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
All Facilities with Clinical Laboratory Improvement Amendments
				(CLIA) waivers must follow the reporting requirements contained in OARs
				333-018-0000 thru
				333-018-0145. This includes the
				requirements contained in OAR
				333-018-0011 for reporting race,
				ethnicity, language and disability data.
Statutory/Other Authority: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Statutes/Other Implemented: ORS
				  441.025,
				  441.055,
				  441.615,
				  441.630,
				  441.637,
				  441.650,
				  443.400-443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 61 - COVID-19 VACCINATION REPORTING FOR LICENSED ASSISTED LIVING FACILITIES, NURSING FACILITIES AND RESIDENTIAL CARE FACILITIES › Section 411-061-0010 - Reporting of COVID-19 Vaccination Data in Nursing Facilities, Assisted Living Facilities, and Residential Care Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, the following
			 definitions apply:
(a) "Additional dose or
			 booster" means a COVID-19 vaccine received two or more weeks after completion
			 of an initial series (dose 1 and dose 2 of COVID-19 vaccines requiring two
			 doses for completion or one dose of COVID-19 vaccine requiring only one dose
			 for completion).
(b) "Assisted
			 Living Facility" has the meaning given that term in OAR
			 411-054-0005.
(c) "Authority" means the Oregon Health
			 Authority.
(d) "Contraindication"
			 means a physical condition or disease that renders a particular vaccine
			 improper or undesirable in accordance with the current recommendations of the
			 Advisory Committee on Immunization Practices, U.S. Department of Health and
			 Human Services, and the Centers for Disease Control & Prevention.
(e) "Nursing Facility" has the meaning given
			 that term in OAR 411-085-0005.
(f) "Residential Care Facility" has the
			 meaning given that term in OAR
			 411-054-0005.
(g) "Staff" means individuals who work in a
			 facility on a regular basis (at least once a week), including individuals who
			 may not be physically in the facility for a period of time due to illness,
			 disability, or scheduled time off, but who are expected to return to work. This
			 also includes individuals under contract or arrangement, including hospice and
			 dialysis staff, physical therapists, occupational therapists, mental health
			 professionals, or volunteers, who are in a facility on a regular
			 basis.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish requirements and
				criteria for the application, approval, distribution, and oversight of the
				Long-Term Care Capital Improvement and Emergency Preparedness Program
				(LTCCIEP). This Program provides financial assistance to long term-care
				providers that are preparing for, responding to, or recovering from a public
				health emergency.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Air Quality
			 and HVAC Improvement" means systems, system improvements, or equipment that
			 reduce air pollutants, prevent or control the spread of infectious disease, and
			 regulate temperature in indoor spaces including air conditioning.
(2) "Emergency System Sources" mean for the
			 purposes of this rule, a backup power source, which need not be installed or
			 integrated into a facility's infrastructure, that the provider may use during a
			 power outage for the purpose of operating critical systems and appliances
			 including refrigeration, portable heating and cooling devices necessary to
			 preserve medications, supplies, or other equipment critical to a resident's
			 care or immediate safety on a temporary basis. Upgrading fire suppression
			 systems is included in this rule. Licensed facilities are subject to all
			 applicable state and federal licensing standards, i.e., Centers for Medicare
			 and Medicaid.
(3) "Long-Term Care
			 Facility" means:
(a) An Assisted Living
			 Facility licensed under rules contained in Oregon Administrative Rule chapter
			 411, division 054; or
(b) A
			 Residential Care Facility licensed under rules contained in Oregon
			 Administrative Rule chapter 411, division 054; or
(c) A Nursing Facility licensed by the
			 Department pursuant to Oregon Administrative Rule chapter 411, divisions 085 to
			 089.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0020 - Long-Term Care Capital Improvement and Emergency Preparedness Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Human Services establishes the Long-Term Care Capital Improvement
			 and Emergency Preparedness Program (LTCCIEP).
(2) The purpose of the LTCCIEP program is to
			 provide grants to eligible long-term care facilities to improve emergency
			 preparedness, air quality, heating, ventilation, air conditioning, infectious
			 disease prevention strategies, and technology to support virtual
			 visitation.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0030 - Application and Prior Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interested Long-Term Care Facilities must
			 submit a prior authorization request for a grant on a form mandated by the
			 Oregon Department of Human Services (ODHS).
(2) The Department will reimburse facilities
			 only when a prior authorization request was approved, in writing, by the
			 Department.
(3) The Department will
			 consider each prior authorization request in the order of submission. A
			 facility may submit only one request in each phase, as these phases are
			 described in OAR 411-062-0050. Each prior
			 authorization request may include more than one project.
(4) The Department will consider prior
			 authorization requests for any project initiated on or after July 1, 2021.
			 Initiated means any substantive planning or initiation activities to start a
			 project.
(5) A prior authorization
			 request must include information on how the project will mitigate the spread of
			 viruses, avoid emergency evacuations, improve overall emergency preparedness,
			 or increase resident's health, safety, or ability to communicate during a
			 public health emergency. The prior authorization request must demonstrate an
			 unmet need that will be met through the project.
(6) In accordance with the appropriation
			 authorized by the Oregon legislature, the Department will cease prior
			 authorization of all projects, regardless of phase, once $30 million in prior
			 authorizations have been approved by the Department.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0040 - Long Term Care Facility Prioritization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Priority 1 applicants include a long-term
			 care facility, constructed prior to 1996, with the following Medicaid census
			 percentages:
(a) Nursing Facility Medicaid
			 occupied census level of 50% or higher on June 30, 2021.
(b) Community-Based Care Facility occupied
			 census level of 40% or higher on June 30, 2021.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0050 - Funding Phases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will prior authorize projects in four phases.
(2) Phase 1 consists of Priority 1 applicants
			 requesting grants for Projects including improvements to emergency power
			 sources, air quality, and HVAC systems. Applicants for Phase 1 must submit
			 prior authorization requests between September 13, 2021 and February 28,
			 2022.
(3) Phase 2 consists of
			 Priority 2 applicants requesting grants for Projects including improvements to
			 emergency power sources, air quality and HVAC system. Applicants for Phase 2
			 must submit prior authorization requests between January 1, 2022 and June 30,
			 2022.
(4) Phase 3 consists of
			 Priority 1 applicants requesting grants for Projects including infectious
			 disease prevention, room configuration strategies, technology, and telehealth.
			 Applicants for phase 3 must submit prior authorization requests between March
			 1, 2022 and August 31, 2022.
(5)
			 Phase 4 consists of Priority 2 applicants requesting grants for Projects
			 including infectious disease prevention, room configuration strategies,
			 technology, and telehealth. Applicants for phase 4 must submit prior
			 authorization requests between May 1, 2022 and October 31, 2022.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0060 - Maximum Reimbursement Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The maximum reimbursement amount for
			 Phase 1 is $1,500 per licensed bed per facility, up to a maximum of
			 $100,000.
(2) The maximum
			 reimbursement amount for Phase 2 is $1,500 per licensed bed per facility, up to
			 a maximum of $100,000.
(3) The
			 maximum reimbursement amount for Phase 3 is $20,000.
(4) The maximum reimbursement amount for
			 Phase 4 is $20,000.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0070 - Approval and Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All prior
			 authorization requests must be approved by the Department in writing to be
			 eligible for reimbursement. The Department will notify facilities in writing if
			 their Project is not approved.
(2)
			 Once work on a Project is completed, the facility must submit a request for
			 reimbursement for the actual cost paid to complete the Project. A request for
			 reimbursement submitted pursuant to this paragraph shall include receipts for
			 actual costs.
(3) The Department
			 will reimburse actual costs, up to 110% of the prior authorized amount, subject
			 to the maximum reimbursement amount described in OAR
			 411-062-0060. The Department
			 will issue payment within thirty (30) days of receipt of a request for
			 reimbursement submitted pursuant to this rule.
(4) All requests for reimbursement must be
			 received no later than June 30, 2024.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0070 - Approval and Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All prior
			 authorization requests must be approved by the Department in writing to be
			 eligible for reimbursement. The Department will notify facilities in writing if
			 their Project is not approved.
(2)
			 Once work on a Project is completed, the facility must submit a request for
			 reimbursement for the actual cost paid to complete the Project. A request for
			 reimbursement submitted pursuant to this paragraph shall include receipts for
			 actual costs.
(3) The Department
			 will reimburse actual costs, up to 110% of the prior authorized amount, subject
			 to the maximum reimbursement amount described in OAR
			 411-062-0060. The Department
			 will issue payment within thirty (30) days of receipt of a request for
			 reimbursement submitted pursuant to this rule.
(4) All requests for reimbursement must be
			 received no later than January 31, 2024.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 62 - LONG TERM CARE CAPITAL IMPROVEMENT AND EMERGENCY PREPAREDNESS PROGRAM › Section 411-062-0080 - Oversight

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All written
			 prior authorization requests and requests for reimbursement are subject to
			 audit at the discretion of the Department.
(2) The Facility shall be notified in writing
			 of any identified overpayment and of any adjustments to the request for
			 payment.
(3) Payment of any amounts
			 due to the Department must be made within 60 business days of the date of
			 notification to the Facility.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 63 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 411-063-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commission or
			 Council" means those official bodies identified in ORS
			 410.070,
			 410.595 and
			 410.602.
(2) "Qualified member" means a member who is
			 not in full-time public service and who had an adjusted gross income in the
			 previous tax year:
(a) Of less than $50,000,
			 as reported on an income tax return other than a joint income tax return;
			 or
(b) Of less than $100,000, as
			 reported on a joint income tax return.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 63 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 411-063-0020 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject
			 to the availability of funds in the budget of the Commission or Council, and
			 except as otherwise provided by law, the Oregon Department of Human Services
			 Office of Aging and People with Disabilities shall pay any member of a
			 Commission or Council, other than a member who is employed in full-time public
			 service, compensation for each day or portion thereof during which the member
			 is actually engaged in the performance of official Commission or Council
			 duties.
(2) The rate of
			 compensation per day pursuant to ORS
			 292.495(5) is
			 equal to the per diem paid to members of the Legislative Assembly under ORS
			 171.072.
(3) A member of a Commission or Council may
			 decline to accept compensation related to the member's service on the
			 Commission or Council.
(4) In order
			 to receive compensation, a member must submit to the Oregon Department of Human
			 Services Office of Aging and People with Disabilities a signed written request
			 for compensation within 30 days of the meeting or work performed. The member
			 must specify the date, name, type of meeting(s) or work, and the number of full
			 or partial days the member spent performing official Commission or Council
			 business.
Statutory/Other Authority: ORS
				  292.495 &
				  410.070
Statutes/Other Implemented: ORS
				  171.072,
				  185.200,
				  292.495,
				  410.070,
				  410.320,
				  410.550 &
				  410.602
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 63 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 411-063-0030 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided by law, the
			 Oregon Department of Human Services Office of Aging and People with
			 Disabilities may reimburse all members of Commissions and Councils, including
			 those employed in full-time public service, for actual and necessary travel or
			 other expenses actually incurred in the performance of their official duties
			 within the limits provided by law or by the Oregon Department of Administrative
			 Services under ORS 292.210 to
			 292.250.
(2) Except as provided in subsection (5) of
			 this section, and notwithstanding any other provision of law, the Oregon
			 Department of Human Services Office of Aging and People with Disabilities shall
			 provide reimbursement to a qualified member of the Commission or Council for
			 actual and necessary travel or other expenses actually incurred in the
			 performance of a member's official duties within the limits provided by law or
			 by the Oregon Department of Administrative Services under ORS
			 292.210 to
			 292.250.
(3) For the purposes of this rule, in order
			 to be considered a qualified member, a member may attest by signature that they
			 meet the conditions and income limits specified in
			 411-063-0010(2).
(4) In order to receive reimbursement of
			 actual and necessary travel and other expenses, a member must submit to the
			 Oregon Department of Human Services Office of Aging and People with
			 Disabilities a travel expense claim for reimbursement supported by receipts,
			 invoices or other appropriate documentation for travel and other expenses
			 within 30 days following the day the member incurred the expense.
(5) A member of a Commission or Council may
			 decline to accept reimbursement of expenses related to the member's service on
			 the Commission or Council.
Statutory/Other Authority: ORS
				  292.495 &
				  410.070
Statutes/Other Implemented: ORS
				  185.200,
				  292.210 -
				  292.250,
				  292.495,
				  410.070,
				  410.320,
				  410.550 &
				  410.602
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 63 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 411-063-0040 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR
			 411-063-0030, "other expenses"
			 includes expenses incurred by a member of the Commission or Council in
			 employing a substitute to carry out duties, including personal duties, normally
			 performed by the member, which the member is unable to carry out because of the
			 performance of official duties and which, by the nature of such duties, cannot
			 be delayed without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day, pursuant to ORS
			 292.495(3).
Statutory/Other Authority: ORS
				  292.495 &
				  410.070
Statutes/Other Implemented: ORS
				  185.200,
				  292.210 -
				  292.250,
				  292.495,
				  410.070,
				  410.320 &
				  410.550
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 411-064-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish requirements for the
				administration and oversight of monies appropriated to the Oregon Department of
				Human Services ("Department") from the Quality Care Fund ("Fund") established
				under ORS 443.001.
(1) The Fund consists of:
(a) Monies deposited into the Fund from
			 licensing fees and fines as specified under ORS
			 441.020,
			 441.745,
			 443.415, and
			 443.735.
(b) Interest earned by the Fund.
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 411-064-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions
				apply:
(1) "Aging and People with
			 Disabilities ("APD")" means the program the Office of Aging and People with
			 Disabilities, within the Oregon Department of Human Services.
(2) "Department" means the Oregon Department
			 of Human Services (ODHS).
(3)
			 "Facility" means:
(a) A long term care
			 facility as defined in ORS
			 442.015 and licensed under
			 Oregon Administrative Rule chapter 411, divisions 85 to 89.
(b) A residential care facility as defined in
			 ORS 443.400, including but not
			 limited to an assisted living facility, and licensed under Oregon
			 Administrative Rule chapter 411, division 54.
(c) An adult foster home as defined in ORS
			 443.705 and licensed under
			 Oregon Administrative Rule chapter 411, divisions 49 to 52.
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 411-064-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions
				apply:
(1) "Aging and People with
			 Disabilities ("APD")" means the program office within the Oregon Department of
			 Human Services that is primarily responsible for serving older adults and
			 adults with physical disabilities.
(2) "Department" means the Oregon Department
			 of Human Services (ODHS).
(3)
			 "Facility" means:
(a) A long term care
			 facility as defined in ORS
			 442.015 and licensed under
			 Oregon Administrative Rule chapter 411, divisions 85 to 89.
(b) A residential care facility as defined in
			 ORS 443.400, including but not
			 limited to an assisted living facility, and licensed under Oregon
			 Administrative Rule chapter 411, division 54.
(c) An adult foster home as defined in ORS
			 443.705 and licensed under
			 Oregon Administrative Rule chapter 411, divisions 49 to 52.
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 411-064-0010 - Fund Management

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall be responsible for Fund management and
				oversight.
(1) The Department shall
			 award funds through a formal solicitation process.
(2) The Department shall publicly announce,
			 at least one time per 12-month period, funding opportunities using multiple
			 standard communication channels, including but not limited to publicly posting
			 on the Department website and the state's procurement system. Each announcement
			 will include:
(a) Instructions for submitting
			 proposals.
(b) Pertinent dates
			 regarding the process and funding decisions.
(c) Application requirements.
(d) Evaluation criteria focused on benefiting
			 residents and advancing quality care, as described in section (2) of OAR
			 411-064-0000.
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 411-064-0010 - Fund Management

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall be responsible for managing and overseeing
				the Fund.
(1) The Department shall
			 award funds through a formal solicitation process.
(2) The Department shall publicly announce,
			 at least one time per 12-month period, funding opportunities using multiple
			 standard communication channels, including but not limited to publicly posting
			 on Department website and the state's procurement system. Each announcement
			 will include:
(a) Instructions for submitting
			 proposals;
(b) Pertinent dates
			 regarding the process and funding decisions;
(c) Application requirements; and
(d) Evaluation criteria focused on benefiting
			 residents and advancing quality care, as described in section (2) of OAR
			 411-064-0000.
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 411-064-0013 - Department Identified Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may at its discretion
			 identify key priority areas based on review of the regulatory environment in
			 long term care settings. The Department may request proposals focused on
			 identified priority areas that improve resident quality of care and safety or
			 enhance the dignity, independence, individuality, personal choice and autonomy
			 of residents. Proposed projects must meet the criteria of paragraph (2)(a) of
			 OAR 411-064-0000.
(2) The Department will issue a solicitation
			 for projects addressing the identified priority area(s). The Department shall
			 publicly announce funding opportunities using multiple standard communication
			 channels, including but not limited to publicly posting on the Department
			 website and the state's procurement system. Each announcement will include:
(a) Instructions for submitting
			 proposals.
(b) Pertinent dates
			 regarding the process and funding decisions.
(c) Application requirements.
(d) Evaluation criteria focused on benefiting
			 residents and advancing quality care, as described in section (2) of OAR
			 411-064-0000.
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 411-064-0015 - Senior Emergency Medical Services Pilot Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall provide funding and
			 monitor local public sector pilot projects that:
(a) Provide innovative strategies for
			 addressing the emergency medical services needs of this state's increasing
			 number of aging residents who receive care and services in residential and long
			 term care facilities.
(b) Encourage
			 the efficient and appropriate use of senior emergency medical
			 services.
(c) Reduce the overall
			 costs of senior emergency medical services while promoting quality emergency
			 medical services.
(d) Encourage
			 unique community-based responses to challenges faced by local communities in
			 meeting their residents' needs for senior emergency medical services.