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 411-054-0013 - Application for Initial Licensure and License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APPLICATION. Applicants for initial
			 licensure and license renewal must complete the Department's application form.
			 A licensing fee, as described in ORS
			 443.415, must be submitted to
			 the Department.
(a) The application form must
			 be signed by the applicant's legally authorized representative, dated, and
			 contain all information requested by the Department.
(b) A licensing fee must be submitted to the
			 Department. The initial licensing fee for a new building or recently purchased
			 building is paid according to number of beds, as required by ORS
			 443.415:
(A) For 1 to 15 beds: application fee shall
			 be $2,000 and the biennial renewal fee shall be $1,000.
(B) For 16 to 49 beds: application fee shall
			 be $3,000 and the biennial renewal fee shall be $1,500.
(C) For 50 to 99 beds: application fee shall
			 be $4,000 and the biennial renewal fee shall be $2,000.
(D) For 100 to 150 beds: application fee
			 shall be $5,000 and the biennial renewal fee shall be $2,500.
(E) For 151 or more beds: application fee
			 shall be $6,000 and the biennial renewal fee shall be $3,000.
(c) Applicants must provide all
			 information and documentation as required by the Department including but not
			 limited to identification of financial interest of any individual, including
			 stockholders who have an incident of ownership in the applicant representing an
			 interest of 10 percent or more. For purposes of rule, an individual with a 10
			 percent or more incident of ownership is presumed to have an effect on the
			 operation of the facility with respect to factors affecting the care or
			 training provided, unless the individual establishes the individual has no
			 involvement in the operation of the facility. For those who serve the Medicaid
			 population, the applicant must identify any individual with a 5 percent or more
			 incident of ownership, regardless of the individual's effect on the operation
			 of the facility.
(d) If the owner
			 of the facility is a different entity from the operator or management company
			 of the facility, both the operator and the owner must complete an application
			 for licensure. Only one license fee is required.
(e) The application shall require the
			 identification of any individual with a 10 percent or more incident of
			 ownership that has ever been convicted of a crime associated with the operation
			 of a long-term, community-based, or health care facility or agency under
			 federal law or the laws of any state. For those who serve the Medicaid
			 population, any individual with a 5 percent or more incident of ownership must
			 be identified, regardless of the individual's effect on the operation of the
			 facility.
(f) The application shall
			 require the identification of all states where the applicant, or individual
			 having a 10 percent or more incident of ownership in the applicant, currently
			 or previously has been licensed as owner or operator of a long-term,
			 community-based, or health care facility or agency under the laws of any state
			 including any facility, currently or previously owned or operated, that had its
			 license denied or revoked or received notice of the same under the laws of any
			 state. For those who serve the Medicaid population, all states where the
			 applicant or any individual having a 5 percent or more incident of ownership
			 must be identified, regardless of the individual's effect on the operation of
			 the facility.
(g) The Department
			 may deny, revoke, or refuse to renew the license if the applicant fails to
			 provide complete and accurate information on the application and the Department
			 concludes that the missing or corrected information is needed to determine if a
			 license shall be granted.
(h) Each
			 application for a new license must include a completed background check request
			 form for the applicant and for each individual with 10 percent or more incident
			 of ownership in the applicant. For those who serve the Medicaid population, a
			 background check request form is required for the applicant and for each
			 individual with a 5 percent or more incident of ownership, regardless of the
			 individual's effect on the operation of the facility.
(i) The Department may require financial
			 information as stated in OAR
			 411-054-0016 (New Applicant
			 Qualifications), when considering an applicant's request for renewal of a
			 license.
(j) Applicants must
			 identify the acuity-based staffing tool the facility will implement.
(k) Applicants must provide other information
			 and documentation as the Department may reasonably require for the proper
			 administration of these rules, including but not limited to information about
			 incident of ownership and involvement in the operation of the facility or other
			 business enterprises, as relevant.
(l) For facilities that serve the Medicaid
			 population and are managed by a Board of Directors, the Centers for Medicare
			 and Medicaid Services (CMS) require a social security number and date of birth
			 for each board member.