reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0133 - Temporary Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APPOINTMENT.
			 The Division, with the consent of the licensee, may appoint a temporary manager
			 to assume control of the day-to-day operation of the facility in accordance
			 with Oregon Laws 2009, chapter 539, sections 14 through 18. The appointment may
			 be for a period not to exceed six months.
(2) CRITERIA. A temporary manager may be
			 appointed if the Division determines that the health or safety of residents in
			 the facility are, or in the immediate future shall be, in jeopardy based upon:
(a) The licensee's unwillingness or inability
			 to comply with Department rules in the operation of the facility;
(b) The imminent insolvency of the
			 facility;
(c) The Division's
			 revocation or suspension of the license of the facility; or
(d) The Division's determination that the
			 licensee intends to cease operations and to close the facility without adequate
			 arrangements for the relocation of the residents.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0135 - Criminal Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Violation of any provision of ORS
			 443.400 to
			 443.455 is a Class B
			 misdemeanor.
(2) Violation of any
			 provision of ORS 443.881is a Class C misdemeanor.
Stat. Auth.: ORS
				  443.455
Stats. Implemented: ORS
				  443.400 -
				  443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0140 - Additional Authority

Current through Register Vol. 63, No. 7, July 1, 2024
SPD may commence a suit in equity to enjoin operation of a
				facility when:
(1) A facility is
			 operated without a valid license; or
(2) Notice of revocation has been given and a
			 reasonable time has been allowed for placement of individuals in other
			 facilities.
Stat. Auth.: ORS
				  410.070 &
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0200 - Residential Care Facility Building Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A residential care facility (RCF) and a conversion facility
				(CF), as defined by OAR
				411-054-0005, shall be built to
				the following requirements and may have individual or shared living units,
				unless specifically exempted.
(1)
			 Applicability for 411-054-0200 shall apply to the
			 following:
(a) A RCF not licensed prior to
			 01/15/2015, with the exception of
			 411-054-0200(5)(a)
			 related to lockable doors. This will apply to all existing and new construction
			 on the effective date as indicated.
(b) A major alteration to a RCF for which
			 plans were not submitted to Facilities, Planning, and Safety (FPS) prior to
			 01/15/2015; or
(c) OAR
			 411-054-0200 shall apply only to
			 the major alteration and shall not apply to any other area of the
			 facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0300 - Assisted Living Facility Building Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An assisted living facility (ALF), as defined by OAR
				411-054-0005, shall be built to
				the following requirements and have individual living units that have a
				lockable door, private bathroom, and kitchenette.
(1) Applicability for
			 411-054-0300 shall apply to the
			 following:
(a) An ALF not licensed prior to
			 01/15/2015; or
(b) A major
			 alteration to an ALF for which plans were not submitted to Facilities,
			 Planning, and Safety prior to 01/15/2015;
(c) OAR
			 411-054-0300 shall apply only to
			 the major alteration and shall not apply to any other area of the facility.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 54 - RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 411-054-0320 - Quality Measurement Program and Council

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the Quality Measurement
			 Program is to allow facilities and the public to compare residential care and
			 assisted living facility performance on each quality metric. The Department
			 shall provide and maintain a web-based report based on metrics defined in Or
			 Laws 2017, ch 679, § 15(1) and any other metrics determined by the Quality
			 Measurement Council. The first report from this program will be published July
			 1, 2021.
(2) Quality Measurement
			 Council. The Quality Measurement Council is appointed by the Governor, and
			 consists of the following members:
(a) One
			 individual representing the Oregon Patient Safety Commission.
(b) One individual representing residential
			 care facilities or assisted living facilities.
(c) One consumer representative from an
			 Alzheimer's advocacy organization.
(d) One licensed health care practitioner
			 with experience in geriatrics.
(e)
			 Two individuals associated with academic institutions who have expertise in
			 research data and analytics and community-based care and quality
			 reporting.
(f) The Long-Term Care
			 Ombudsman or a designee of the Long-Term Care Ombudsman.
(g) One direct care worker or a
			 representative of a direct care worker who works in a residential care
			 facility.
(h) One individual
			 representing the Department.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0305 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 the rules in OAR chapter 411, division 55 is to establish standards and
			 procedures for licensed Residential Care Facilities endorsed as Intensive
			 Intervention Communities (IICs). Intensive Intervention Communities provide
			 specialized services for individuals with behavioral issues who are best served
			 in smaller settings of fewer than six residents.
(2) These rules are designed to ensure that
			 residents living in Intensive Intervention Communities have positive quality of
			 life, consumer protection, autonomy, and person-centered care. Resident's
			 rights, dignity, choice, comfort, and independence are promoted in this
			 setting. The endorsement does not constitute a recommendation of any IIC by the
			 Department of Human Services Aging and People with Disabilities (APD)
			 program.
(3) The intent of these
			 rules is to prevent institutionalization, re-institutionalization, or
			 hospitalization of individuals who need the safe and skillful application of
			 Intensive Intervention Services.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  443.450
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  443.400 -
				  443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0315 - Application for Endorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ENDORSEMENT REQUIRED. To operate as an IIC, a service provider must be endorsed
			 under these rules.
(a) At least 60 days prior
			 to the proposed effective date of the endorsement, a service provider must
			 submit the following to the Department:
(A)
			 Completed Intensive Intervention Community (IIC) application form;
(B) Standard Residency Agreement Template
			 that meets OAR Chapter 411, Divisions 004 and 054; and
(C) Uniform Disclosure Statement (Form SDS
			 9098A), per OAR 411-055-0025(10) to the Department. The Department shall return
			 incomplete forms to the service provider.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0320 - Service Provider Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The service provider shall be a Residential Care Facility that
				must:
(1) Have a history of an
			 unencumbered license from the Department and meet the requirements of OAR
			 411-054-0016.
(2) Meet all Home and Community-Based Service
			 requirements set forth under OAR chapter 411, division 4.
(3) Meet the staffing requirements described
			 in OAR 411-055-0330.
(4) Comply with all the rules in OAR chapter
			 411, division 54.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  443.450
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  443.400 -
				  443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0325 - Standards for Secure Settings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A service provider must have Department-approved policies and procedures to
			 ensure that individuals who are determined by their IDT to need a secure
			 setting to retain maximum independence and protection of their
			 rights.
(2) A service provider must
			 comply with the following standards concerning exit doors:
(a) Locking devices used on exit doors, as
			 approved by the Building Codes Agency and Fire Marshal having jurisdiction over
			 the IIC, must be electronic and release when any of the following occurs:
(A) Upon activation of the fire alarm or
			 sprinkler system.
(B) Power failure
			 to the facility.
(C) By activating
			 a key button or key pad located at exits for use by staff for
			 services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0330 - Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 service provider must have sufficient qualified staff to meet the specialized
			 needs of the service group and the number of residents being served.
(2) Service provider must have qualified
			 awake direct care staff unless specified by the Department through contractual
			 requirements, sufficient in number to meet the 24-hour scheduled and
			 unscheduled needs of each resident.
(a) At
			 least two direct care staff must be present 24 hours a day, seven days a week
			 who have participated in individual specific training or coaching necessary to
			 implement individual behavior support, activity, and crisis plans.
(b) All direct care staff must have received
			 Department-approved training in Safeguarding Intervention procedures.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0335 - Direct Care Staff Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to specific requirements contained in OAR
			 411-054-0070, the service
			 provider must have a training program that has a method to determine
			 performance capability through a demonstration and evaluation
			 process.
(2) The service provider:
(a) Must ensure that all direct care staff
			 meet the background check requirements in OAR
			 411-054-0025(2).
(b) Must be able to respond appropriately to
			 any emergency situation at any time with appropriate staffing.
(c) And all staff, including direct care
			 staff, must not be listed on the Office of Inspector General's or General
			 Service Administration's Exclusion Lists.
(d) Is responsible for the supervision,
			 training, and overall conduct of staff. This duty includes ensuring that direct
			 care staff have demonstrated satisfactory performance in any duty they are
			 assigned and have completed all training required in
			 411-054-0070.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0340 - Staff Training and Annual In-Service Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff serving individuals in the IIC
			 program must complete a Department-approved IIC curriculum training to address
			 the mental, emotional and behavioral needs of the residents.
(2) If the direct care staff duties include
			 preparing food, they must have a food handler's certificate as described in OAR
			 chapter 411, division 54.
(3) All
			 direct care staff must have current CPR and First Aid certification.
(a) Accepted CPR and First Aid courses must
			 be provided or endorsed by the American Heart Association, the American Red
			 Cross, the American Safety and Health Institute, or MEDIC First Aid.
(b) CPR or First Aid courses conducted online
			 are only accepted by the Department when an in-person skills competency check
			 is conducted by a qualified instructor endorsed by the American Heart
			 Association, the American Red Cross, the American Safety and Health Institute,
			 or MEDIC First Aid.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0345 - Documentation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Compliance with documentation standards in these rules, and completion of
			 mandatory Department forms, is intended to ensure communication between case
			 managers, service providers, and the Department.
(2) The documentation requirements in these
			 rules do not replace or substitute for the documentation requirements in the:
(a) Licensing or Medicaid Program rules
			 governing the home and community-based care provider, as applicable.
(b) Home and Community-Based Services and
			 Settings and Person-Centered Service Planning Rules under OAR chapter 411,
			 division 4.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0350 - Communication and Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 facility must notify the Department, the individual's case manager, legal
			 representative, and the contract administrator immediately of:
(a) Any use of Safeguarding
			 Interventions.
(b) An individual's
			 change of condition that jeopardizes continued placement.
(c) Any elopement or unanticipated absence
			 from the service provider's facility.
(d) Any report to APS.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0355 - Admittance Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Intensive Intervention Services (IIS) may be provided to
				individuals who meet all the following requirements:
(1) The individual is at least age 18 prior
			 to admission.
(2) The individual
			 has been assessed by the IDT as needing Intensive Intervention Services during
			 the person-centered service planning process.
(3) An individually-based limitation,
			 specific to the individual, has been justified and documented in the
			 individual's person-centered service plan by the person-centered service plan
			 coordinator, as outlined in OAR
			 411-004-0030.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  443.450
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  443.400 -
				  443.455,
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0360 - Approval for Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 individual's IDT must authorize IIS.
(a) The
			 IDT must review the appropriateness of continued IIS to ensure the service plan
			 is working to meet the needs of the individual. This review must occur weekly
			 for one month after initial admission into the program, then monthly for the
			 next three months, and then quarterly, unless there's a change of condition as
			 defined in 411-054-0005(14),
			 to facilitate the individual's stabilization period.
(b) Frequency of the IDT reviews may be
			 increased depending on the individual's response to the current Behavior
			 Support Plan.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0365 - Behavioral Interventions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Disclosures.
(a) The service provider must
			 disclose the facility's policies and practices, as identified in the Residency
			 Agreements, to a prospective individual or the prospective individual's legal
			 representative.
(b) The individual,
			 or their legal representative, must agree to the limitations and interventions
			 prior to admission.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 55 - INTENSIVE INTERVENTION COMMUNITIES (IIC) › Section 411-055-0370 - Emergency Medications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service
			 providers must have Department-approved policies and procedures regarding the
			 use of emergency medications. Documentation must exist and be available when
			 requested, stating that all direct care staff have reviewed these procedures on
			 an annual basis. Policies must include, but are not limited to the following:
(a) Emergency medications must never be given
			 to discipline an individual or for the convenience of the direct care
			 staff.
(b) Emergency medications
			 must never be given to individuals until other interventions have been
			 attempted.
(c) Individuals and
			 their legal representatives must be informed of the service provider's policies
			 and procedures regarding emergency medications before admission.
(d) The provider should have established
			 policies to ensure that emergency medications are removed or discontinued as
			 soon as possible.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the rules in OAR chapter 411, division 057 is to
				establish standards for the endorsement of memory care communities. Memory care
				communities provide specialized services in a secured environment for
				individuals with dementia. These rules are designed to ensure that residents
				living in memory care communities have positive quality of life, consumer
				protection, and person directed care. Resident's rights, dignity, choice,
				comfort, and independence are promoted in this setting. The endorsement does
				not constitute a recommendation of any endorsed memory care community by the
				Department of Human Services, Aging and People with Disabilities
				Program.
Statutory/Other Authority: ORS
				  410.070 &
				  443.886
Statutes/Other Implemented: ORS
				  443.886
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions and the definitions in OAR
				411-054-0005 relating to
				Residential Care and Assisted Living Facilities and OAR
				411-085-0005 relating to Nursing
				Facilities apply to these rules.
(1)
			 "Advertise" means to make publicly and generally known, usually by printed
			 notice, broadcast, verbal marketing, website, or electronic
			 communication.
(2) "Alzheimer's
			 Disease" means a type of dementia that gradually destroys an individual's
			 memory and ability to learn, reason, make judgments, communicate, and carry out
			 daily activities.
(3) "Applicant"
			 means the person, persons, or entity, required to complete a facility
			 application for an endorsement. Applicant includes a sole proprietor, each
			 partner in a partnership, and each member in a limited liability company,
			 corporation, or entity that owns the residential care facility, assisted living
			 facility, or nursing facility business. Applicant also includes the sole
			 proprietor, each partner in a partnership, and each member in a limited
			 liability company, corporation, or entity that operates the residential care
			 facility, assisted living facility, or nursing facility on behalf of the
			 facility business owner.
(4)
			 "Approved Dementia Care Training" means a dementia training curriculum for
			 residential care and assisted living facility staff approved by an entity
			 selected by the Department as an approving entity pursuant to a Request for
			 Application (RFA) process.
(5)
			 "Assisted Living Facility" means assisted living facility as defined in OAR
			 411-054-0005.
(6) "Competency" means competency as defined
			 in OAR 411-054-0005.
(7) "Competency Assessment" means competency
			 as defined in OAR 411-054-0005"
(8) "Dementia" means major neurocognitive
			 disorders, listed in the Diagnostic and Statistical Manual of Mental Disorders
			 (DSM-5), which result in the loss of cognitive function severe enough to
			 interfere with an individual's daily functioning. Dementia affects an
			 individual's memory, ability to think, reason, speak, and move. Symptoms may
			 also include changes in personality, mood, and behavior. Irreversible dementias
			 include but are not limited to:
(a)
			 Alzheimer's disease;
(b) Vascular
			 dementia;
(c) Lewy body
			 dementia;
(d) Frontal-temporal lobe
			 dementia;
(e) Wernicke-Korsakoff
			 Syndrome
(f) Huntington's disease;
			 and
(g) Creutzfeldt-Jakob
			 disease.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0120 - Application for Endorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ENDORSEMENT REQUIRED. Any residential care, assisted living, or nursing
			 facility that offers or provides care to residents with dementias in a memory
			 care community must obtain an endorsement on its facility license.
(2) APPLICATION. At least 60 days prior to
			 the anticipated endorsement, the applicant must submit to the Department a
			 completed Memory Care Community Endorsement Application (form APD 940). The
			 Department shall return incomplete applications to the applicant.
(3) FEE. The non-refundable endorsement
			 application fee is due upon receipt of the application for an initial
			 endorsement and whenever the facility's license and endorsement are renewed.
			 Endorsement application fees are in addition to fees required for facility
			 licensure. Fees shall be as follows:
(a) $50
			 for each facility with a total memory care community endorsed capacity of 16 or
			 fewer residents;
(b) $75 for each
			 facility with a total memory care community endorsed capacity of 17 to 50;
			 or
(c) $100 for each facility with
			 a total memory care community endorsed capacity of 51 or more.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0130 - Advertising of a Memory Care Community

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant may not advertise as a
			 memory care community until the applicant has obtained an endorsement from the
			 Department. A prospective memory care community may advertise if they have
			 stated their intent to be endorsed and are in the initial endorsement
			 process.
(2) A memory care
			 community with a valid endorsement may advertise that it has an endorsement.
			 However, the advertising materials may not imply or state that the Department
			 recommends or supports a specific memory care community.
(3) All advertising material must be truthful
			 and must not include or use coercive or misleading information about the
			 endorsement of the memory care community.
(4) Upon the determination that a
			 non-endorsed memory care community implies or advertises that they have an
			 endorsement, the Department shall send a notice to the licensee to cease the
			 advertising immediately. Failure to comply may result in a civil penalty as
			 outlined in OAR 411-057-0190.
Statutory/Other Authority: ORS
				  410.070 &
				  443.886
Statutes/Other Implemented: ORS
				  443.886
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0140 - Responsibilities of Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The licensee is responsible for the operation of the memory care community and
			 the provision of person centered care that promotes each resident's dignity,
			 independence, and comfort. This includes the supervision, training, and overall
			 conduct of the staff.
(2) The
			 licensee of a memory care community must comply with both the licensing rules
			 for the facility and Chapter 411, Division 57.
(3) The administrator of the memory care
			 community must complete and document that at least 10 hours of their required
			 annual continuing educational requirements, as required by the licensing rules
			 of the facility, relate to the care of individuals with dementia. Continuing
			 education credits must be obtained through Department approved sources which
			 may include college courses, preceptor credits, self-directed activities,
			 course instructor credits, corporate training, in-service training,
			 professional association trainings, web-based trainings, correspondence
			 courses, telecourses, seminars, and workshops.
(4) The endorsed memory care community must
			 provide a Department designated Memory Care Community Uniform Disclosure
			 Statement (form APD 9098 MC) to each person who requests information about the
			 memory care community.
(5) In
			 addition to the policies and procedures required in the licensing rules for the
			 facility, the memory care community licensee must develop and implement
			 policies and procedures that address:
(a)
			 Philosophy of how services are provided based upon the memory care community's
			 values, mission, and the promotion of person centered care and how it shall be
			 implemented;
(b) Evaluation of
			 behavioral symptoms and design of person centered supports for intervention
			 plans;
(c) Wandering and egress
			 prevention that provides detailed instructions to staff in the event a resident
			 elopes;
(d) Assessment of residents
			 for the use and effects of medications including psychotropic
			 medications;
(e) Use of supportive
			 devices with restraining qualities;
(f) Staffing plan for the memory care
			 community;
(g) Staff training
			 specific to dementia care;
(h)
			 Description of the community's life enrichment program and how activities are
			 implemented;
(i) Description of
			 family support programs and efforts on how the community will assist the family
			 to remain engaged;
(j) Limiting use
			 of public address and intercom systems for emergencies and evacuation drills
			 only;
(k) Transportation
			 coordination and assistance to and from outside medical appointments;
			 and
(l) Safekeeping of residents'
			 possessions. This policy must be provided to each resident and the resident's
			 representative at the time of move-in and quarterly as needed.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0150 - Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
STAFFING REQUIREMENTS. The facility must provide residents with
				dementia trained staff who have been instructed in the person centered care
				approach. Prior to providing care and services to residents all staff must
				receive training as required in OAR
				411-057-0155.
(1) Staffing levels must comply with the
			 licensing rules of the facility and be sufficient to meet the scheduled and
			 unscheduled needs of residents. Staffing levels during nighttime hours shall be
			 based on the sleep patterns and needs of residents.
(2) In an emergency situation when trained
			 staff are not available to provide services, the facility may assign staff who
			 have not completed the required training in accordance with this rule. The
			 particular emergency situation must be documented and must address:
(a) The nature of the emergency;
(b) How long the emergency lasted;
			 and
(c) The names and positions of
			 staff that provided coverage.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0155 - Staff Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A memory care community must ensure staff
			 who provide support to residents with dementia have a basic understanding and
			 fundamental knowledge of the residents' emotional and unique health care needs
			 prior to providing services to residents. The training requirements for staff
			 who work in memory care communities are described in the following
			 sections.
(2) ALL STAFF TRAINING
			 REQUIREMENTS. All staff who work in memory care communities licensed as
			 residential care facilities or assisted living facilities must complete the
			 following:
(a) Orientation as required in OAR
			 411-054-0070(3)
			 before performing any job duties.
(b) Pre-service dementia care training as
			 required before independently providing personal care or other services. The
			 dementia care training must address these topics:
(A) Education on the dementia disease
			 process, including the progression of the disease, memory loss and psychiatric
			 and behavioral symptoms.
(B)
			 Techniques for understanding, communicating and responding to distressful
			 behavioral symptoms; including but not limited to, reducing the use of
			 antipsychotic medications for non-standard uses when responding to distressful
			 behavioral symptoms.
(C) Strategies
			 for addressing social needs of persons with dementia and engaging them with
			 meaningful activities;
(D)
			 Information concerning specific aspects of dementia care and ensuring safety of
			 residents with dementia including, but not limited to, how to:
(i) Identify and address pain;
(ii) Provide food and fluid;
(iii) Prevent wandering and
			 elopement;
(iv) Use a
			 person-centered approach.
(c) Additional pre-service training topics
			 that must be completed before independently providing personal care to
			 residents:
(A) Environmental factors that are
			 important to resident's well-being (e.g. noise, staff interactions, lighting,
			 room temperature, etc.);
(B) Family
			 support and the role the family may have in the care of the resident;
(C) How to recognize behaviors that indicate
			 a change in the resident's condition and report behaviors that require on-going
			 assessment.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0170 - Physical Design, Environment, and Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the intent of these rules that the
			 physical environment and design support the needs of individuals who are
			 cognitively impaired. The physical environment should maximize functional
			 abilities, accommodate behavior that is related to dementia, promote safety,
			 enhance personal dignity, and encourage independence.
(2) BUILDING CODES. Newly endorsed memory
			 care communities must comply with the Oregon Structural Specialty Code (OSSC)
			 occupancy classification enforceable at the time of endorsement. If endorsed
			 prior to the current version of the OSSC, the facility must comply with the
			 building code in place at the time of original endorsement.
(3) Endorsed memory care communities must be
			 located on the ground level of the building to ensure access to outdoor space
			 and safe evacuation.
(4) LIGHTING.
(a) Research conducted in lighting
			 intensities has shown an impact on individuals with dementia. Lighting
			 throughout the day or night may have an impact on an individual's functional
			 abilities, as well as in mood and behavior. For communities that are in
			 development or remodeling to new standards, the Department encourages
			 facilities to review and implement the Recommended Practice for Lighting and
			 Visual Environment for Senior Living as outlined in the ANSI/IESNA
			 RP-28-07.
(b) The following
			 lighting requirements must be met. These requirements apply to newly endorsed,
			 constructed, or remodeled communities which have construction documents
			 approved on or after November 1, 2010.
(A)
			 Light fixtures must be designed to minimize direct glare (for example: indirect
			 or diffused lighting). Bare light bulbs or tubes are not allowed;
(B) Lighting fixtures and circuitry must
			 conform to lighting intensities shown in Table 1;
(C) Windows and skylights must be utilized to
			 minimize the need for artificial light and to allow residents to experience the
			 natural daylight cycle; and
(D) All
			 windows must have coverings which diffuse daylight and minimize glare without
			 blocking all light during the day. In addition, bedroom window coverings must
			 provide privacy and block light from street or parking lot lights from entering
			 the bedroom at night.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0180 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
Exceptions to these rules shall be reviewed by the Department
				and processed in accordance with the licensing rules of the facility.
Statutory/Other Authority: ORS
				  410.070 &
				  443.886
Statutes/Other Implemented: ORS
				  443.886
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 57 - ENDORSED MEMORY CARE COMMUNITIES › Section 411-057-0190 - Complaints, Inspections, and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) COMPLAINTS AND INVESTIGATIONS. The
			 Department shall investigate complaints regarding an endorsed memory care
			 community in accordance with the complaint and investigation procedures in the
			 licensing rules of the facility. Complaints and investigations may include
			 alleged violations of ORS
			 443.886 or violations of these
			 rules. When the Department requests documents or records during an
			 investigation, the licensee must make the information available to the
			 investigator promptly for review and copying.
(2) INSPECTIONS. At the time of the memory
			 care community's regular license renewal, the Department shall inspect the
			 memory care community to determine compliance with these rules.
(3) SANCTIONS. Sanctions for failure to
			 comply with these rules may include the imposition of civil penalties,
			 licensing conditions, suspension, denial, non-renewal, or revocation of the
			 endorsement. Sanction involving the endorsement shall be in accordance with the
			 licensing rules of the facility type applicable to the type of sanction
			 imposed.
(a) SUSPENSION. The Department may
			 immediately suspend a memory care community's endorsement if the Division finds
			 a serious threat to the public health and safety and sets forth specific
			 reasons for such findings.
(b)
			 DENIAL AND NON-RENEWAL OF ENDORSEMENT APPLICATION. The Department may deny or
			 refuse to renew an endorsement under the following circumstances:
(A) Failure to demonstrate capacity as
			 required in OAR 411-057-0120(5);
(B) Substantial failure to comply with
			 Department rules;
(C) Failure to
			 provide complete and accurate information on the application;
(D) When the State Fire Marshal or authorized
			 representative certifies there is failure to comply with all applicable
			 ordinances and rules pertaining to safety from fire; and
(E) Failure to implement a plan of correction
			 or comply with a licensing or endorsement condition that ensures the safety and
			 security of residents or fails to provide the required dementia care
			 programming to residents living within the memory care community.
(c) REVOCATION. The Department may
			 issue a notice of revocation of endorsement upon finding that there is
			 substantial failure to comply with these rules such that the health, safety, or
			 welfare of residents is jeopardized, or any substantial failure to comply with
			 one or more of these rules.
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 411-058-0000 - 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 058:
(1) "Applicant" means a person that has
			 submitted an application and disclosure statement to register as a referral
			 agent.
(2) "Certificate of
			 Registration" means the document a referral agent or agency receives when the
			 agent has completed the Department approved Long Term Care Referral Registry
			 requirements. A Certificate of Registration does not constitute recommendation
			 or endorsement of the referral agent by the Oregon Department of Human
			 Services, and a registration does not evidence the accuracy or completeness of
			 the information set forth in the disclosure statement.
(3) "Client" means an individual who seeks a
			 long term care referral for the individual or for another individual.
(4) "Compensation" means any substantive
			 financial or material gain from one or more facilities in a total amount of
			 $1,000 or more during a calendar year in exchange for providing long term care
			 referral services to those facilities, including, but not limited to, gain by
			 salary, benefits, commission, payment, gift cards, donations, discounts, and
			 other items of value that result in financial or material gain to the person
			 providing long term care referral services.
(5) "Consent" means the person must act
			 freely and voluntarily and have knowledge of the nature of the actor or
			 transaction involved.
(6)
			 "Department" means the Oregon Department of Human Services, Aging and People
			 with Disabilities Program (APD).
(7) "Disclosure" means a written disclosure
			 statement provided by the referral agent to the client as defined in OAR
			 411-058-0030.
(8) "Employee" means an individual employed
			 by a referral agent and who is compensated by an hourly wage, salary or
			 commission.
(9) "Facility" means:
(a) A long term care facility as defined in
			 ORS 442.015;
(b) A residential care facility as defined in
			 ORS 443.400, including, but not
			 limited to an assisted living facility and a facility marketed as a memory care
			 community;
(c) An adult foster home
			 as defined in ORS 443.705; or
(d) A continuing care retirement community as
			 defined in ORS 101.320.
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 411-058-0010 - Registration Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A referral
			 agent who provides long term care referrals to clients must be registered with
			 the Department and obtain a Certificate of Registration with the Department
			 before:
(a) Entering into an agreement to
			 provide long term care referral services to a client.
(b) Soliciting prospective clients and
			 facilities, or
(c) Collecting
			 compensation from a facility for placement of a client.
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 411-058-0020 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APPLICATION FOR
			 REGISTRATION:
(a) Application for
			 registration must be made to the Department and must include:
(A) The registration fee as described in
			 section (2) of this rule;
(B) The
			 disclosure statement as described in OAR
			 411-058-0030;
(C) General Liability Insurance requirements,
			 as described in OAR 411-058-0070; and
(D) Background Check Requirements, as
			 described in OAR 411-058-0080.
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 411-058-0030 - Disclosure Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applicants must file a disclosure statement with the Department when submitting
			 a new registration or initial application, with every registration renewal, and
			 when amended.
(2) The disclosure
			 statement must be written in clear language, be prepared in a minimum 12-point
			 font, and include the following elements:
(a)
			 A description of the long term care referral to be provided by the referral
			 agent, including the length of any contract the referral agent has with a
			 facility regarding placement information about the client.
(b) The referral agent's contact information,
			 including, agent name, address, phone number, email address and website.
(c) The referral agent's privacy
			 policy or a link thereto.
(d) A
			 statement of whether the referral agent provides referrals only to facilities
			 with which the agent has an existing business contract.
(e) A statement of whether the referral fees
			 for the long term care referral will be paid to the referral agent by the
			 facility.
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 411-058-0040 - Prohibited Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 referral agent may not share a client's placement information with or sell a
			 client's placement information to a facility or marketing affiliate without
			 obtaining affirmative consent from the client for each instance of sharing or
			 selling the information.
(2) A
			 referral agent may not refer a client to a facility in which the referral agent
			 or an immediate family member of the referral agent has an ownership
			 interest.
(3) A referral agent may
			 not contact a client who has requested in writing via facsimile, letter,
			 electronic mail, or other electronic means of written communication that the
			 referral agent stop contacting the client.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  443.373,
				  410.070 &
				  443.373
Statutes/Other Implemented: ORS
				  409.050,
				  410.070 &
				  443.376
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 411-058-0050 - Client Records

Current through Register Vol. 63, No. 7, July 1, 2024
A referral agent shall maintain client records sufficient to
				document compliance with ORS
				443.370 to
				443.376 for a period of three
				years from the date of any disclosure statement given to a client.
Statutory/Other Authority: ORS
				  409.050,
				  410.070 &
				  443.373
Statutes/Other Implemented: ORS
				  409.050 &
				  410.070
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 411-058-0060 - Subsequent Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a client
			 is referred to a facility and the referral agent has received compensation from
			 the facility for the referral, the client may notify the referral agent in
			 writing that the client wishes to use the services of another referral agent in
			 the future for referral to another facility in a subsequent move. After
			 receiving this notice described in this section, the first referral agent may
			 not receive compensation from another facility in a subsequent move for any
			 referral made before receiving the notice.
(2) A referral agent must include in any
			 contract with a facility provisions prohibiting the referral agent from
			 collecting compensation from a facility when the facility is a subsequent
			 facility as described in this section. A facility is a subsequent facility if:
(a) The subject of placement enters a
			 facility to which the subject of placement is referred by a first referral
			 agent, but subsequently leaves that facility; and
(b) A new referral agent refers the subject
			 of placement to a subsequent facility.
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 411-058-0070 - General Liability Insurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant must demonstrate that it
			 maintains at least $1,000,000 per occurrence in general liability insurance, as
			 described in OAR 411-058-0020.
(2) A referral agent must maintain a
			 commercial general liability insurance policy in an amount of at least
			 $1,000,000 per occurrence throughout the entire period of registration on an
			 uninterrupted basis as described in OAR
			 411-058-0020.
Statutory/Other Authority: ORS
				  409.050,
				  410.070 &
				  443.373
Statutes/Other Implemented: ORS
				  409.050,
				  410.070 &
				  443.373