reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0020 - Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least 30
			 days prior to the expiration of the registration, a reminder notice and
			 application for renewal will be sent by the Department to the current operator.
			 If the Department receives the application for renewal and the annual
			 registration fee of $20 prior to the expiration date, the facility's
			 registration shall remain in force until the Department acts on the application
			 for renewal. If the application for renewal and the fee are not submitted prior
			 to the expiration date, the facility shall be considered an unregistered
			 facility subject to civil penalties.
(2) The application for renewal shall include
			 the same information as the original application for registration as specified
			 in OAR 411-068-0010(1).
(3) The Department shall respond to the
			 application for renewal in the same manner and within the same periods of time
			 specified in OAR 411-068-0015.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0025 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An operator or
			 applicant may apply to the Department for an exception from the provisions of
			 these rules. An exception may be granted if the operator proves to the
			 Department by clear and convincing evidence that such an exception will not
			 jeopardize the health, safety, and welfare of the tenants.
(2) Any exception will be granted in writing
			 and reviewed at each renewal period.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0030 - Waiver of Registration Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any city or county that requires
			 registration or licensure of RB facilities may request a waiver of the
			 requirements of ORS 443.480 to
			 443.500 for facilities within
			 its jurisdiction. Such a request shall be made in writing to the Department and
			 shall include a copy of the ordinance or regulation and an explanation of why
			 the city or county believes the requirements are substantially similar or
			 superior to the requirements of ORS
			 443.480 to
			 443.500 and these
			 rules.
(2) If the Department finds
			 that the requirements of the local jurisdiction are substantially similar or
			 superior to ORS 443.480 to
			 443.500 and these rules, it
			 shall issue a waiver in writing to the local jurisdiction. Such a waiver shall
			 be reviewed by the Department upon amendment of the local ordinance or
			 regulation, or upon amendment of ORS
			 443.480 to
			 443.500 or these
			 rules.
(3) If the Department finds
			 that the local requirements are not substantially similar or superior to ORS
			 443.480 to
			 443.500 and these rules, the
			 Department shall issue a written order to the local jurisdiction denying the
			 request for a waiver.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0035 - Identification

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall establish and maintain a statewide
				registry of RB facilities which shall be made available upon request.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0040 - Residency Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to accepting compensation from or providing services to any elderly or disabled
			 person, the operator or tenant manager and the person seeking residence at the
			 facility shall both sign a residency agreement. Such an agreement shall
			 include:
(a) Disclosure of all monthly charges
			 and other fees;
(b) A description
			 of all services to be provided.
(c)
			 A copy of the house rules, including any restrictions or limitations on the use
			 of the facility by tenants such as use of tobacco or alcohol, use of
			 telephones, visitors, etc. House rules shall not violate landlord tenant laws
			 or these administrative rules;
(d)
			 The terms and conditions under which the agreement may be terminated by either
			 party, including any policy on refunds; and
(e) If the tenant chooses to have the
			 operator act as representative payee for the payment of the tenant's Social
			 Security benefits, the residency agreement shall indicate this
			 choice.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0045 - Standards for Operators of Room and Board Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may deny registration to
			 an applicant if any of the following conditions apply:
(a) The applicant or tenant manager, if
			 applicable, has been convicted of one or more crimes described in OAR
			 407-007-0281 or
(b) The applicant has had a certificate to
			 operate a RB facility, or a license to operate a foster home or residential
			 care facility denied, suspended, revoked or non-renewed in this or any other
			 state/county if the denial, suspension, revocation or non-renewal was due to
			 abuse of the tenants or a threat to the health and safety of the tenants. The
			 applicant or operator is required to establish to the Department by clear and
			 convincing evidence his/her ability and fitness to operate a RB facility. If
			 the applicant or operator does not meet this burden, the Department shall deny,
			 suspend, revoke or refuse to renew the registration;
(A) The applicant or operator is associated
			 with a person whose registration or license for a RB facility, a foster home or
			 residential care facility was denied, suspended, revoked or not renewed due to
			 abuse of the tenants or a threat to the health and safety of the tenants within
			 three years preceding the application, unless the applicant or operator can
			 demonstrate to the Department by clear and convincing evidence that the person
			 does not pose a threat to the tenants;
(B) For purposes of this subsection, an
			 applicant or operator is "associated with" a person as described in paragraph
			 (1)(b)(A) of this rule if the applicant or operator:
(i) Resides with the person;
(ii) Employs the person in the RB
			 facility;
(iii) Receives financial
			 backing from the person for the benefit of the facility;
(iv) Receives managerial assistance from the
			 person for the benefit of the facility; or
(v) Knowingly allows the person to have
			 access to the facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0050 - Standards for a Room and Board Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each facility shall meet applicable local
			 zoning and building codes, and state and local fire, sanitary and safety
			 regulations.
(2) Bedrooms for all
			 household occupants must have:
(a) Been
			 constructed as a bedroom when the building was built or remodeled under
			 permit;
(b) A finished interior
			 with walls or partitions of standard construction that extend from floor to
			 ceiling;
(c) A door that opens
			 directly to a hallway or common use room without passage through another
			 bedroom or common bathroom;
(d) Be
			 adequately ventilated, heated, and lighted and have at least one window that
			 opens to the outside;
(e) Be
			 separate from the operator, members of the operator's family or other
			 employees;
(f) At least 70 square
			 feet of usable floor space of one tenant or 120 square feet for two tenants
			 excluding any area where a sloped ceiling does not allow a person to stand
			 upright;
(g) Have a bed with
			 adequate bedding and linens available; and
(h) No more than two occupants per
			 room.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0055 - Limitation on the Provision of Services in a Room and Board Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No operator or
			 other employee of a RB facility shall provide care as defined in OAR
			 411-068-0000 to any tenant of a
			 RB facility.
(2) No residency
			 agreement of a RB facility shall contain any promise to provide any service
			 that falls within the definition of care specified in OAR
			 411-068-0000.
(3) Nothing in these rules is meant to
			 prohibit an operator or other employee from aiding a tenant in the
			 self-administration of medication provided that the tenant requests such
			 assistance.
(4) Nothing in these
			 rules is meant to prohibit an operator or employee from providing non-care
			 related services to a tenant.
(5)
			 No operator or other employee of a RB facility shall provide services or engage
			 in behavior that constitutes a financial conflict of interest including:
			 borrowing from or loaning money to tenants; witnessing wills in which the
			 operator or employee is beneficiary; adding the operator's or employee's name
			 to a tenant's bank accounts or other personal property; inappropriately
			 expending a tenant's personal funds; co-mingling the tenant's funds with the
			 operator's or other tenants' funds; or becoming guardian or conservator for a
			 tenant.
(6) Operators shall make
			 reasonable efforts to refer tenants in need of care services to appropriate
			 social service agencies or medical facilities. If a tenant needs protective
			 services, through self-neglect or inability to provide for his or her own care
			 needs, the operator shall call the Department or the Local Licensing
			 Authority.
(7) Operators who wish
			 to provide care to tenants as defined in OAR
			 411-068-0000 must apply for
			 licensure as an adult foster home or a residential care facility.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0060 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall issue a notice to each RB facility, which shall include the telephone
			 number of the Department and the Local Licensing Authority and the procedures
			 for making complaints. The notice shall be posted in a conspicuous place
			 available to tenants.
(2)
			 Complaints regarding a facility may be made to the Department or Local
			 Licensing Authority by any person, including a tenant of the facility. When a
			 complaint is received, the Department or authorized representative shall
			 investigate the complaint.
(3) No
			 operator or employee of a facility shall retaliate against a tenant by
			 increasing charges, decreasing services, rights or privileges; threatening to
			 increase charges or decrease services, rights or privileges; taking or
			 threatening to take any action to coerce or compel the tenant to leave the
			 home; or by harassing, abusing, or threatening to harass or abuse a tenant in
			 any manner related to the filing, or possible filing, of a complaint with the
			 Department.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0065 - Complaint Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A record
			 shall be maintained by the Department of all complaints and any action taken on
			 the complaint. Any information regarding the investigation of the complaint
			 shall not be filed in the public file until the investigation has been
			 completed.
(2) The name, addresses,
			 and other identifying information of the complainant, the tenant, and any
			 witnesses are confidential and shall not be placed in the public
			 record.
(3) Any person has the
			 right to inspect and photocopy the public complaint files maintained by the
			 Department. Disclosure of information for the public complaint file shall be
			 governed by relevant statutes concerning public records and
			 confidentiality.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0070 - Access and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Department staff or authorized representative of the Department shall be
			 permitted access to enter and inspect all registered facilities upon receipt of
			 a complaint or other information that gives the Department cause to believe
			 there exists a threat to the health, safety or welfare of the
			 tenants.
(2) If an authorized
			 representative of the Department is denied access to enter and inspect a
			 registered facility when investigating a complaint, such denial shall be
			 grounds for suspension, revocation, or non-renewal of registration.
(3) When investigating a complaint, an
			 authorized representative of the Department shall be permitted access to the
			 tenants of the facility in order to interview tenants privately and to inspect
			 copies of the residency agreement and other records maintained by the
			 operator.
(4) Upon receipt of a
			 complaint or request of the Department, state and local fire inspectors shall
			 be permitted access to enter and inspect a facility regarding fire
			 safety.
(5) Upon receipt of a
			 complaint or request of the Department, the Local Licensing Authority, the
			 Oregon Health Authority, state and local authorities shall be permitted access
			 to enter and inspect a facility regarding health and sanitation.
(6) If the Department or authorized
			 representative has reasonable cause to believe a facility subject to the
			 requirements of ORS 443.480 to
			 443.500 is operating without
			 registration, it may request permission to enter the facility to determine if
			 it is in violation of ORS
			 443.480 to
			 443.500 and/or it may apply to
			 the district or circuit courts for a search warrant.
Statutory/Other Authority: ORS
				  410.070 &
				  443.485
Statutes/Other Implemented: ORS
				  443.480 &
				  443.500
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0075 - Procedures for Correction of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department or its authorized
			 representative determines that abuse has occurred in an RB facility, the
			 operator must be notified verbally and in writing to immediately cease the
			 abusive act or to take action to prevent further abuse.
(2) If the Department or its authorized
			 representative determines a violation of these rules has occurred, the
			 Department shall notify the operator in writing, by hand delivery, or by
			 regular mail.
(3) The notice of
			 violation shall state the following:
(a) A
			 description of each condition that constitutes a violation;
(b) Each regulation that has been
			 violated;
(c) Except in cases of
			 imminent danger, a specific time frame for correction, but no later than 60
			 calendar days after receipt of the notice;
(d) Sanctions that may be imposed against the
			 facility for failure to correct the violations; and
(e) Right to contest the violations if an
			 administrative sanction is imposed.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0080 - Administrative Sanctions

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) A civil penalty.
(b) A denial, suspension, revocation, or
			 non-renewal of a registration.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0085 - Denial, Suspension, Revocation or Refusal to Renew Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may immediately suspend, revoke, or non-renew a registration for reason of
			 abuse, neglect or exploitation of a tenant as defined in OAR
			 411-020-0002. The operator may
			 request a review of the decision by submitting a request, in writing, within 10
			 calendar days of the notice and order of suspension, revocation or
			 non-renewal.
(2) Within 10 calendar
			 days of receipt of the operator's request for a review, the Department
			 administrator or designee shall review all material relating to the allegation
			 of abuse and to the suspension, revocation or non-renewal, including any
			 written documentation submitted by the operator within that time frame. The
			 administrator or designee shall determine, based on a review of the material,
			 whether to sustain the decision. If the administrator or designee does not
			 sustain the decision, the suspension, revocation or non-renewal shall be
			 rescinded immediately. The decision of the administrator or designee is subject
			 to a contested case hearing under ORS 183 if requested within 90 calendar
			 days.
(3) The Department may also
			 deny, suspend, revoke, or non-renew a registration where it finds:
(a) An operator has failed to provide an
			 approved background check in accordance with OAR
			 411-068-0008(1).
(b) There has been substantial failure to
			 comply 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 the tenants in a RB facility.
(c) An operator or employee refuses to allow
			 access and inspection by an authorized representative of the
			 Department.
(d) The application or
			 renewal for the registration contains fraudulent information or material
			 misrepresentations.
(e) An operator
			 has failed to comply with a final order of the Department to correct a
			 violation of these rules for which an administrative sanction has been
			 imposed.
(f) An operator has failed
			 to comply with a final order of the Department imposing an administrative
			 sanction.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 68 - REGISTRATION OF ROOM AND BOARD FACILITIES › Section 411-068-0090 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Civil
			 penalties, not to exceed $200 per violation per day, may be assessed for a
			 facility operating without a current registration.
(2) Any civil penalty imposed under this
			 section shall become due and payable when the person incurring the penalty
			 receives a notice in writing from the Department. The notice shall be sent by
			 registered or certified mail and shall include all elements required by ORS
			 183.415 including but not
			 limited to:
(a) A reference to applicable
			 sections of the statute, rule, standard, or order involved;
(b) A short and plain statement of the
			 matters asserted or charged;
(c) A
			 statement of the amount of the penalty or penalties imposed; and
(d) 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 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0000 - 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 069:
(1) "Assessment Rate" means the rate
			 established by the Director of the Department of Human Services.
(2) "Assessment Year" means a 12-month
			 period, beginning July 1 and ending the following June 30, for which the
			 assessment rate being determined, is to apply.
(3) "Deficiency" means the amount by which
			 the assessment as correctly computed exceeds the assessment, if any, reported
			 by the facility. If, after the original deficiency has been assessed,
			 subsequent information shows the correct amount of assessment to be greater
			 than previously determined, an additional deficiency arises.
(4) "Delinquency" means the facility failed
			 to pay the assessment as correctly computed when the assessment was
			 due.
(5) "Department" means the
			 Department of Human Services.
(6)
			 "Director" means the Director of the Department of Human Services.
(7) "Gross Revenue" means the revenue paid to
			 a long term care facility for patient care, room, board, and services, less
			 contractual adjustments. It does not include:
(a) Revenue derived from sources other than
			 long term care facility operations, including but not limited to donations,
			 interest, guest meals, or any other revenue not attributable to patient care;
			 and
(b) Hospital revenue derived
			 from hospital operations.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0010 - General Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is to implement the long term care facility assessment
			 imposed on long term care facilities in Oregon.
(2) The Department shall administer, enforce,
			 and collect the long term care facility assessment.
(3) The Department may assign employees,
			 auditors, and other agents as designated by the Director to assist in the
			 administration, enforcement, and collection of the assessments.
(4) The Department may establish rules and
			 regulations, not inconsistent with legislative enactments, that it considers
			 necessary to administer, enforce, and collect the assessments.
(5) The Department may prescribe forms and
			 reporting requirements and change the forms and reporting requirements, as
			 necessary, to administer, enforce, and collect the assessments.
Stat. Auth.: ORS
				  409.050,
				  410.070 &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0020 - Disclosure of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise provided by law, the Department may not publicly divulge or
			 disclose the amount of income, expense, or other particulars set forth or
			 disclosed in any report or return required in the administration of the
			 assessments. Particulars include but are not limited to social security
			 numbers, employer numbers, or other facility identification numbers, and any
			 business records required to be submitted to or inspected by the Department or
			 its designee to allow it to determine the amounts of any assessments,
			 delinquencies, deficiencies, penalties, or interest payable or paid, or
			 otherwise administer, enforce, or collect a health care assessment to the
			 extent that such information shall be exempt from disclosure under ORS
			 192.501(5).
(2) The Department may:
(a) Furnish any facility, or its authorized
			 representative, upon request of the facility or representative, with a copy of
			 the facility's report filed with the Department for any quarter, or with a copy
			 of any report filed by the facility in connection with the report, or with a
			 copy with any other information the Department considers necessary;
(b) Publish information or statistics so
			 classified as to prevent the identification of income or any particulars
			 contained in any report or return; and
(c) Disclose and give access to an officer or
			 employee of the Department or its designee, or to the authorized
			 representatives of the U.S. Department of Health and Human Services, Centers
			 for Medicare and Medicaid Services (CMS), the Controller General of the United
			 States, the Oregon Secretary of State, the Oregon Department of Justice, the
			 Oregon Department of Justice Medicaid Fraud Control Unit, and other employees
			 of the state or federal government to the extent the Department deems
			 disclosure or access necessary or appropriate for the performance of official
			 duties in the Department's administration, enforcement, or collection of these
			 assessments.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0030 - Entities Subject to the Long Term Care Facility Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
Each long term care facility in Oregon is subject to the long
				term care facility assessment except for long term care facilities operated by
				the Oregon Department of Veterans' Affairs.
Statutory/Other Authority: ORS
				  409.050,
				  410.070 &
				  411.060
Statutes/Other Implemented: ORS
				  409.750, OL 2003 Ch. 736 &
				  OL 2013 ch. 608
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0050 - Filing an Amended Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Claims for refunds or payments for additional assessment must be submitted by
			 the facility on a form approved by the Department. The facility must provide
			 all information required on the report. The Department may audit the facility,
			 request additional information, or request an informal conference prior to
			 granting a refund or as part of its review of a payment of a deficiency.
(2) Claim for refund.
(a) If the amount of the assessment due is
			 less than the amount paid by the facility and the facility does not then owe an
			 assessment for any other calendar period, the overpayment may be refunded by
			 the Department to the facility. The facility may request a refund by amending
			 their quarterly report and submitting a written request for refund to the
			 Department, or the facility may request a refund when filing their nursing
			 facility financial statement or revenue report.
(b) If there is an amount due from the
			 facility for any past due assessments or penalties, the refund otherwise
			 allowable shall be applied to the unpaid assessments and penalties and the
			 facility so notified.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0060 - Determining the Date Filed

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, any reports, requests, appeals,
				payments, or other response by the facility must be either received by the
				Department before the close of business on the date due, or if mailed,
				postmarked before midnight of the due date. When the due date falls on a
				Saturday, Sunday, or legal holiday, the return is due on the next business day
				following the Saturday, Sunday, or legal holiday.
Stat. Auth.: ORS
				  409.050,
				  410.070 &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0070 - Assessment on Failure to File

Current through Register Vol. 63, No. 7, July 1, 2024
In the case of a failure by the facility to file a report or to
				maintain necessary and adequate records, the Department shall determine the
				assessment liability of the facility according to the best of its information
				and belief. Best of its information and belief means the Department shall use
				evidence on which a reasonable person may rely in determining the assessment,
				including but not limited to estimating the days of patient days based upon the
				number of licensed beds in the facility. The Department's determination of
				assessment liability shall be the basis for the assessment due in a notice of
				proposed action.
Stat. Auth.: ORS
				  409.050,
				  410.070, &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0080 - Consequence of Failure to File a Report or Failure to Pay Assessment When Due

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A long term
			 care facility that fails to file a quarterly report or pay a quarterly
			 assessment when due under OAR
			 411-069-0040 is subject to a
			 penalty of $500 per day of delinquency. The penalty accrues from the date of
			 deficiency, notwithstanding the date of any notice under these rules.
(2) A long term care facility that is exempt
			 from paying provider assessments is not required to file a quarterly report,
			 but is required to file an annual cost or revenue report. Even if exempt, a
			 long term care facility that fails to file annual cost or revenue reports when
			 due under OAR 411-069-0040 is subject to a
			 penalty of up to $500 per day of delinquency. The penalty accrues from the date
			 of delinquency, notwithstanding the date of any notice under these
			 rules.
(3) A long term care
			 facility that fails to file an annual cost report or revenue report when due
			 under OAR 411-069-0040 is subject to a
			 penalty of up to $500 per day of delinquency. The penalty accrues from the date
			 of delinquency, notwithstanding the date of any notice under these
			 rules.
(4) A long term care
			 facility that files a cost report or annual revenue report, but fails to pay a
			 fiscal year reconciliation assessment payment when due under OAR
			 411-069-0040 is subject to a
			 penalty of up to $500 per day of delinquency. The penalty accrues from the date
			 of delinquency, notwithstanding the date of any notice under these
			 rules.
(5) Penalties imposed under
			 this section shall be collected by the Department and deposited in the
			 Department's account established under ORS
			 409.060.
(6) Penalties paid under this section are in
			 addition to the long term care facility assessment.
(7) If the Department determines that a
			 facility is subject to a penalty under this section, the Department shall issue
			 a notice of proposed action as described in OAR
			 411-069-0100.
(8) If a facility requests a contested case
			 hearing pursuant to OAR
			 411-069-0120, the Director, at
			 the Director's sole discretion, may waive or reduce the amount of penalty
			 assessed.
(9) If a facility fails
			 to report or pay the provider assessment after the Department issues a final
			 order described in OAR
			 411-069-0130, then the
			 Department shall pursue remedies described in OAR
			 411-069-0140 that may include:
(a) A final order leading to collection
			 activities;
(b) Nursing facility
			 license denial, suspension, or revocation;
(c) Admission restrictions; or
(d) Terminating provider
			 contracts.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0090 - Departmental Authority to Audit Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility must maintain clinical and
			 financial records sufficient to determine the actual number of patient days for
			 any calendar period for which an assessment may be due.
(2) The Department or its designee may audit
			 the facility's records at any time for a period of three years following the
			 date the assessment is due to verify or determine the number of patient days at
			 the facility.
(3) The Department
			 may issue a notice of proposed action or issue a refund based upon its findings
			 during the audit.
(4) Any audit,
			 finding, or position may be reopened if there is evidence of fraud,
			 malfeasance, concealment, misrepresentation of material fact, omission of
			 income, or collusion either by the facility or by the facility and a
			 representative of the Department.
(5) The Department may issue a refund and
			 otherwise take such actions as it deems appropriate based upon the audit
			 findings.
Stat. Auth.: ORS
				  409.050,
				  410.070 &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0100 - Notice of Proposed Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to issuing a notice of proposed action, the Department shall notify the
			 facility of a potential deficiency or failure to report that may give rise to
			 the imposition of a penalty. The Department shall issue a 30 day notification
			 letter within 30 calendar days of the report or payment due date. The facility
			 shall have 30 calendar days from the date of the notice to respond to the
			 notification. The Department may consider the response, if any, and any amended
			 report under OAR 411-069-0050 in its notice of
			 proposed action. In all cases that the Department has determined that a
			 facility has a deficiency or failure to report, the Department shall issue a
			 notice of proposed action. The Department does not issue a notice of proposed
			 action if the issue is resolved satisfactorily within 59 days from the date of
			 mailing the 30 day notification letter.
(2) The Department shall issue a notice of
			 proposed action within 60 calendar days from the date of mailing the 30 day
			 notification letter.
(3) Contents
			 of the notice of proposed action must include:
(a) The applicable calendar quarter;
(b) The basis for determining the
			 corrected amount of assessment for the quarter;
(c) The corrected assessment due for the
			 quarter as determined by the Department;
(d) The amount of assessment paid for the
			 quarter by the facility;
(e) The
			 resulting deficiency, which is the difference between the amount received by
			 the Department for the calendar quarter and the corrected amount due as
			 determined by the Department;
(f)
			 Statutory basis for the penalty;
(g) Amount of penalty per day of delinquency;
(h) Date upon which the penalty
			 began to accrue;
(i) Date the
			 penalty stopped accruing or circumstances under which the penalty shall stop
			 accruing;
(j) The total penalty
			 accrued up to the date of the notice;
(k) Instructions for responding to the
			 notice; and
(l) A statement of the
			 facility's right to a hearing.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0110 - Required Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any notice
			 required to be sent to the facility shall be sent to the current licensee and
			 any former licensee who was occupying the property during the time period to
			 which the notice relates.
(2) Any
			 notice required to be sent from the facility to the Department under these
			 rules shall be sent to the point of contact identified on the communication
			 from the Department to the facility.
Stat. Auth.: ORS
				  409.050,
				  410.070 &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0120 - Hearing Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any facility
			 that receives a notice of proposed action may request a contested case hearing
			 as provided under ORS chapter 183.
(2) The written request must be received by
			 the Department within 20 days of the date of the notice.
(3) Prior to the hearing, the facility shall
			 meet with the Department for an informal conference.
(a) The informal conference may be used to
			 negotiate a written settlement agreement.
(b) If the settlement agreement includes a
			 reduction or waiver of penalties, the agreement must be approved and signed by
			 the Director.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0130 - Final Order of Payment

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall issue a final order of payment for
				deficiencies and/or penalties when:
(1) Any part of the deficiency or penalty is
			 upheld after a hearing;
(2) The
			 facility did not make a timely request for a hearing; or
(3) Upon the stipulation of the facility and
			 the Department.
Stat. Auth.: ORS
				  409.050,
				  410.070 &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0140 - Remedies Available after Final Order of Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any amounts due and owing under the final
			 order of payment and any interest thereon may be recovered by Oregon as a debt
			 to the state, using any available legal and equitable remedies. These remedies
			 include, but are not limited to:
(a)
			 Collection activities including but not limited to deducting the amount of the
			 final deficiency and penalty from any sum then or later owed to the facility or
			 its owners or operators by the Department, CMS, or their designees to the
			 extent allowed by law;
(b) Nursing
			 facility license denial, suspension, or revocation under OAR
			 411-089-0040;
(c) Restrictions of admissions to the
			 facility under OAR 411-089-0050; and
(d) Terminating the provider contract with
			 the owners or operators of the facility under OAR
			 411-070-0015.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0150 - Calculation of Long Term Care Facility Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The amount of the assessment is based on
			 the assessment rate determined by the Director multiplied by the number of
			 patient days at the long term care facility for a calendar quarter.
(2) The Director shall establish an annual
			 assessment rate for long term care facilities that applies for each 12-month
			 period beginning July 1. The Director shall establish the assessment rate on or
			 before June 15 preceding the 12-month period for which the rate
			 applies.
(3) On or before October
			 31, the Department shall refund any overages from the prior fiscal year. For
			 example, by October 31, 2018, the Department shall refund any overages from
			 fiscal year 2017. Overages are defined as any amount of provider assessment
			 that exceeds the federal maximum provider assessment limit in effect for the
			 fiscal year.
Statutory/Other Authority: ORS
				  409.050,
				  410.070 &
				  411.060
Statutes/Other Implemented: ORS
				  409.750 & OL 2003 Ch. 736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0160 - Limitations on the Imposition of the Long Term Care Facility Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
The long term care facility assessment may be imposed only in a
				calendar quarter for which the long term care facility reimbursement rate that
				is part of the Oregon Medicaid reimbursement system was calculated according to
				the methodology described in Oregon Laws 2003, chapter 736, section 24.
Stat. Auth.: ORS
				  409.050,
				  410.070 &
				  411.060
Stats. Implemented: ORS
				  409.750 & OL 2003 Ch.
				  736
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 69 - LONG TERM CARE ASSESSMENT › Section 411-069-0170 - Sunset Provision

Current through Register Vol. 63, No. 7, July 1, 2024
The long term care assessment applies to long term care
				facility gross revenue received on or after June 2003 and before July 1,
				2026.
Statutory/Other Authority: ORS
				  409.050,
				  410.070 &
				  411.060
Statutes/Other Implemented: ORS
				  409.750, OL 2003 Ch. 736 &
				  OL 2018 Chp. 66
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 70 - NURSING FACILITIES/MEDICAID GENERALLY AND REIMBURSEMENT › Section 411-070-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to control payment for nursing
				facility services provided to Medicaid residents.
Stat. Auth.: ORS
				  410.070 &
				  414.065
Stats. Implemented: ORS
				  410.070 &
				  414.065
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 70 - NURSING FACILITIES/MEDICAID GENERALLY AND REIMBURSEMENT › Section 411-070-0010 - Conditions for Payment

Current through Register Vol. 63, No. 7, July 1, 2024
Nursing facilities must meet the following conditions in order
				to receive payment under Title XIX (Medicaid):
(1) CERTIFICATION.
(a) The facility must be in compliance with
			 Title XIX federal certification requirements.
(b) Except as provided in section (1)(c) of
			 this rule, all beds in the facility must be certified as nursing facility
			 beds.
(c) A facility choosing to
			 discontinue compliance with section (1)(b) of this rule may elect to gradually
			 withdraw from Medicaid certification but must comply with all of the following:
(A) Notify SPD in writing within 30 days of
			 the certification survey that it elects to gradually withdraw from the Medicaid
			 Program;
(B) Request Medicaid
			 reimbursement for any resident who resided in the facility, or who was eligible
			 for right of return under OAR
			 411-088-0050 or right of
			 readmission under OAR
			 411-088-0060, on the date of the
			 notice required by this rule. If it appears the resident may be eligible within
			 90 days, such request may be initiated;
(C) Retain certification for any bed occupied
			 by or held for any resident who is found eligible for Medicaid until the bed is
			 vacated by:
(i) The death of the resident;
			 or
(ii) The transfer or discharge
			 of the resident pursuant to the transfer rules in OAR chapter 411, division
			 088.
(D) All Medicaid
			 recipients exercising rights of return or readmission under the transfer rules
			 must be permitted to occupy a Medicaid certified bed; and
(E) Notify in writing all persons applying
			 for admission subsequent to notification of gradual withdrawal that, should the
			 person later become eligible for Medicaid assistance, that reimbursement would
			 not be available in that facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 70 - NURSING FACILITIES/MEDICAID GENERALLY AND REIMBURSEMENT › Section 411-070-0015 - Denial, Termination or Non-Renewal of Provider Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Failure to
			 Comply. The Department reserves the right to deny, terminate or not renew
			 contracts with providers who fail to comply with OAR
			 411-070-0000 through
			 411-070-0470 relating to nursing
			 facility services.
(2) Notice. The
			 Department will give the provider 30 day's written notice, by Certified Mail,
			 before the effective date of the denial, termination or non-renewal. The notice
			 will include the basis of the Department decision, advise the provider of the
			 right to an informal conference to give the opportunity to refute the
			 Department findings in writing.
(3)
			 Information Conference:
(a) A request for an
			 informal conference must be received by the Department prior to the effective
			 date of the denial, termination or non-renewal;
(b) A written notice of the Department's
			 decision reached in an informal conference will be sent to the provider by
			 Certified Mail. This notice will also advise the provider of his or her right
			 to a hearing, if requested within 30 days of mailing the notice.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 70 - NURSING FACILITIES/MEDICAID GENERALLY AND REIMBURSEMENT › Section 411-070-0020 - On-Site Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
The facility must allow periodic on-site reviews of Medicaid
				residents as required by federal regulations.
Stat. Auth.: ORS
				  410.070 &
				  414.065
Stats. Implemented: ORS
				  410.070 &
				  414.065