Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 71 - PRIVATE ADMISSION ASSESSMENT › Section 411-071-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Act" means the
			 provisions of ORS 410.505 to
			 410.545 and ORS
			 410.890.
(2) "Activities of Daily Living (ADL)" means
			 those personal functional activities required by an individual for continued
			 well being and are essential for health and safety. This includes eating,
			 dressing/grooming, bathing/personal hygiene, mobility, bowel and bladder
			 management, and cognition..
(3)
			 "Admission Assessment" means a professional program that provides an assessment
			 of the long-term care needs of an individual applying for or considering
			 admission to a nursing facility who is not or does not appear to be Medicaid
			 eligible. The admission assessment includes mandatory services necessary to
			 comply with the federal pre-admission screening requirements and optional
			 information regarding appropriate care settings and services, including nursing
			 facilities and community-based options.
(4) "Adult Foster Home" means any family home
			 or other facility in which care is provided for compensation to five or fewer
			 elderly or disabled adults who are not related to the provider by blood or
			 marriage.
(5) "Applicant" means a
			 hospital or private agency applying for certification to conduct admission
			 assessments according to the provisions of the Act.
(6) "Application for Certification" means the
			 application form designated and distributed by the Department to
			 applicants.
(7) "Area Agency on
			 Aging (AAA)" means the agency designated by the Department and charged with the
			 responsibility of providing a comprehensive and coordinated system of services
			 to the elderly and people with disabilities in a planning and service
			 area.
(8) "Assessment Fee" means
			 the amount of money charged by a certified program to the Department or to an
			 individual for admission assessment services.
(9) "Assisted Living Facility" means a
			 program approach, within a physical structure that provides or coordinates a
			 range of services, available on a 24-hour basis, for support of an individual's
			 independence in a residential setting. Assisted living promotes resident
			 self-direction and participation in decisions and emphasizes choice, dignity,
			 privacy, individuality, independence and home-like surroundings.
(10) "Certification" means the process of
			 being certified by the Department to conduct admission assessments for
			 non-Medicaid individuals. Hospitals and private agencies wishing to conduct
			 admission assessments must be certified by the Department.
(11) "Certification Fee" means a fee charged
			 to an applicant program to become certified under ORS
			 410.505 et seq.
(12) "Certified Program" means a hospital,
			 private agency, an Area Agency on Aging, or an individual certified by the
			 Department to conduct admission assessments in accordance with ORS
			 410.530.
(13) "Continuing Care Retirement Community"
			 means a facility as defined in ORS
			 101.020.
(14) "Civil Penalty" means a penalty imposed
			 on a nursing facility by the Department in the manner provided in ORS
			 441.705 to
			 745.
(15) "Community-Based Care" means services
			 provided in local communities including, but not limited to, adult foster care,
			 assisted living, residential care, and in-home services.
(16) "Decertify" means to revoke the
			 certification to conduct admission assessments.
(17) "Department" means the Department of
			 Human Services/Seniors and People with Disabilities.
(18) "Exception" means a variance from the
			 provisions of these rules granted by the Department to a certified
			 program.
(19) "Exemption" means an
			 individual who does not have a diagnosis of mental illness or mental
			 retardation and is not subject to the requirement for an admission assessment
			 prior to admission to a nursing facility in accordance with ORS
			 410.520(2).
(20) "Facility" means, unless otherwise
			 indicated, a nursing facility as defined under these Rules.
(21) "Financial Interest" means ownership in
			 any nursing facility or other facility licensed by the Department, or receiving
			 placement fee from a facility. This includes ownership as an individual or as a
			 fiduciary, a relationship in a capacity as a director, or an advisor or any
			 other participant holding legal or equitable interest.
(22) "Hospital" means an acute care facility,
			 as defined in ORS 442.015(13)(a),
			 licensed by the Health Services under 441.020 - 441.097.
(23) "Individual" means the person applying
			 for or considering admission to a nursing facility and who is not or does not
			 appear to be Medicaid eligible.
(24) "Legally Designated Representative"
			 means a legal guardian or a person holding the power of attorney for health
			 care as defined in ORS 127.305(10).
(25) "Level II Evaluation" means a
			 comprehensive assessment implemented by the Department of individuals with
			 mental illness or mental retardation/developmental disabilities to evaluate and
			 determine whether nursing facility services and Specialized Services are
			 needed.
(26) "Long-Term Care" means
			 community-based services and nursing facility care funded by public and/or
			 private money.
(27) "New Admission"
			 for pre-admission screening means an individual admitted to any nursing
			 facility for the first time. With the exception of certain hospital discharges
			 in accordance with OAR
			 411-071-0015, new admissions are
			 subject to Pre-Admission Screening.
(28) "Nursing Facility" means a facility
			 licensed to provide nursing care. Unless indicated otherwise, "nursing
			 facility" means a Medicaid certified nursing facility.
(29) "Placement" means a nursing facility or
			 community-based care setting where an individual will reside and receive
			 services.
(30) "Program" means a
			 certified program as defined under these rules.
(31) "Recommend Placement" means to
			 communicate to an individual information about a specific facility and/or
			 service(s) that have been determined to be most appropriate to the individual's
			 needs and preferences.
(32)
			 "Referral" means the process by which an individual may receive assessment
			 services from a different assessment source.
(33) "Resident" means any individual who is
			 residing in a hospital or nursing facility.
(34) "Residential Care Facility" means a
			 facility that provides care for six or more persons over the age of 18 on a
			 24-hour basis in one or more buildings on contiguous
			 property.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  410.505