Oregon Administrative Code

411-049-0105 License (1) REQUIRED. Any facility that meets the definition of an AFH or limited AFH in OAR 411-049-0102 must apply for and obtain a license from the LLA before providing care to any resident for compensation. (2) A person or entity may not represent themselves as o…

411-049-0110 Adult Day Services (1) An AFH licensee may request authorization to provide adult day services to a specific number of individuals. The licensee may not provide adult day services without first receiving written authorization from the LLA. (2) The care needs of adult…

411-049-0115 Room and Board (1) Licensee may request authorization to provide room and board services to a specific number of tenants according to these rules prior to admission. If room and board tenants are in the home, the licensee must ensure each tenant has: (a) An approved …

411-049-0120 Background Check (1) All subject individuals (SI) must have an approved background check, which for non-licensees or non-licensee applicants, may include an approved preliminary fitness determination, prior to operating, working in, training in, or living in an AFH. …

411-049-0125 Caregiver Qualifications (1) LICENSEE AND ADMINISTRATOR QUALIFICATIONS. An AFH licensee or administrator must: (a) Live in the home that is to be licensed at least five 24-hour days per week and function as the primary caregiver as defined in OAR 411-049-0102 unless:…

411-049-0135 License Applications (1) INITIAL LICENSE APPLICATION. The initial license application (APD 0448) must include: (a) Verification of attendance at a Department-approved orientation program conducted by the LLA responsible for the licensing of the proposed AFH and succe…

411-049-0140 Local Licensing Authority Action and Inspections (1) The licensee or administrator must be given a copy of the Department's inspection report forms as follows: (a) INITIAL LICENSE. The Department's Adult Foster Home Initial Inspection Worksheet (APD 0516) identifying…

411-049-0145 Medicaid Provider Enrollment Agreement (PEA) (1) An applicant or licensee who intends to care for residents who are or become eligible for Medicaid services must enter into a Medicaid PEA with the Department, follow Department rules, and abide by the terms of the Med…

411-049-0150 Limited Adult Foster Homes (1) The licensee must comply with all requirements for HCB Settings as described in these rules. (See OAR chapter 411, division 004). (2) To qualify for a limited AFH license the applicant or licensee must be at least 21 years of age and su…

411-049-0155 Ventilator-Assisted Care Requirements (1) AFHs that provide ventilator-assisted care for residents must meet the requirements of this rule, in addition to the other requirements set forth in these rules. (2) LICENSE REQUIRED. A person or entity may not represent them…

411-049-0160 Variances (1) An applicant, licensee, or administrator may request a variance to the provisions of these rules. The variance request must be in writing and must include clear and convincing evidence that: (a) The requested variance does not jeopardize the care, healt…

411-050-0705 Residency Agreement (1) A licensee or administrator must enter into a written Agreement with all residents or the residents' representatives, which details the care and services to be provided, and the rate to be charged. The written Agreement must be signed by all p…

411-050-0710 Refunds (1) If a resident dies, the licensee may not retain or require payment for more than 15 calendar days after the date of the resident's death, or the time specified in the licensee's Agreement, whichever is less. (2) If a resident leaves an AFH for medical rea…

411-050-0715 Facility Standards (1) In order to qualify for or maintain a license, an AFH must comply with these rules. (2) ACCESSIBILITY. (a) Interior and exterior areas of the home, including doorways, that may be used by residents must be wide enough, and accessible according …

411-050-0720 Safety (1) FIRE AND LIFE SAFETY. Buildings must meet all applicable state and local building, fire, mechanical, and housing codes for fire and life safety. The home may be inspected for fire safety by the State Fire Marshal's Office, or the State Fire Marshal's desig…

411-050-0725 Emergency Preparedness (1) ORIENTATION TO EMERGENCY PROCEDURES. Within 24 hours of arrival, any new resident or caregiver must be shown how to respond to a smoke and carbon monoxide alarm, shown how to participate in an emergency evacuation drill, and receive an orie…

411-050-0730 Operational Standards (1) A licensee must own, rent, or lease the home to be licensed, however, the LLA may grant a variance to churches, hospitals, non-profit associations, or similar organizations. If a licensee rents or leases the premises where the AFH is located…

411-050-0735 Staffing Standards (1) The licensee or administrator must have qualified caregivers, including awake caregivers as necessary, sufficient in number to meet the 24-hour needs of each resident in addition to caring for any children or relatives beyond the license capaci…

411-050-0740 Foreclosure (1) A licensee must provide written notification to the LLA within 10 calendar days after receipt of any notice of default, or any notice of potential default, with respect to a real estate contract, trust deed, mortgage, or other security interest affect…

411-050-0745 Records - Facility (1) FACILITY RECORDS. Completed facility records must be kept current, maintained in the AFH, and made available for review upon request. Facility records include, but are not limited to: (a) Proof the licensee and all subject individuals have a ba…

411-050-0750 Records - Resident (1) An individual resident record must be developed, kept current, and readily accessible on the premises of the home for each individual admitted to the AFH. The record must be legible and kept in an organized manner so as to be utilized by staff.…

411-050-0755 Records - Availability (1) ACCESS TO RESIDENT RECORDS. Resident records must be readily available at the AFH to: (a) Residents, the residents' representatives or other legally authorized persons, all caregivers working in the home, and the Department, the LLA, the in…

411-050-0760 Resident Moves and Transfers (1) The licensee must support a resident's choice to remain in his or her living environment, while recognizing that some residents may no longer be appropriate for the adult foster care setting due to safety and medical limitations. (a) …

411-051-0105 Resident’s Rights and Protections (1) RESIDENT'S BILL OF RIGHTS AND FREEDOMS. The licensee, AFH occupants, and employees of the home must not violate these rights and must help the residents exercise them. The Resident’s Bill of Rights and Freedoms provided by the De…

411-051-0110 Pre-Admission (1) PRE-ADMISSION SCREENING AND ASSESSMENT. (a) Before admission, the licensee or administrator must conduct and document a screening using the Department’s current Adult Foster Home Screening and Assessment and General Information form (SDS 0902) to de…

411-051-0115 Care Plan (1) During the initial 14 calendar days following the resident's admission to the home, the licensee or administrator must continue to assess and document the resident's preferences and care needs. The assessment and care plan must be completed by the licen…

411-051-0120 Person-Centered Service Plan (1) A Medicaid-eligible resident's case manager shall complete a person-centered service plan, pursuant to OAR 411-004-0030. The licensee or administrator must incorporate all applicable elements identified in the person-centered service …

411-051-0125 Registered Nurse Consultation (1) RN CONSULTATION AND ASSESSMENT. A licensee or administrator must have an arrangement with at least one registered nurse, who has a current, active, unencumbered Oregon license to provide consultation, assessment, teaching, delegation…

411-051-0130 Standards for Medications, Treatments, and Therapies (1) MEDICATIONS. The licensee and caregivers must demonstrate an understanding of each resident's medication administration regimen, including the reason for the medication, specific instructions, the medication’s …

411-052-0005 Investigations and Inspections (1) The LLA must conduct an in-person inspection of an AFH and all structures on the AFH property. The in-person inspection must be conducted: (a) Before issuance of a license. (b) Before the annual renewal of a license. (c) Upon receip…

411-052-0010 Letter of Determination (1) Upon a determination of substantiated abuse or a rule violation, the Department must provide written letter of determination to the licensee. The written notice shall: (a) Explain the nature of each allegation. (b) Include the date and tim…

411-052-0015 Procedures for Correction of Violations (1) If, as a result of an inspection or investigation, the Department determines that abuse has occurred, the licensee shall be notified verbally to immediately cease the abusive act. The Department shall follow-up with a writt…

411-052-0020 Sanctions - Administrative (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) Attachment of conditions to a license. (b) Civil penalties. (c) Denial, suspens…

411-052-0025 Sanctions - Civil Penalties (1) Except as otherwise provided in this rule, civil penalties of not less than $100 per violation, and not more than $250 per violation may be assessed for a general violation of these rules. (2) Mandatory penalties up to $500, unless oth…

411-052-0030 Sanctions - Conditions (1) Conditions may be attached to a license and take effect immediately upon notification by the Department or the delivery date of the notice, whichever is sooner. The type of condition attached to a license must directly relate to a risk of h…

411-052-0035 Sanctions - Denial, Revocation, or Non-Renewal of License (1) The Department shall deny, revoke, or refuse to renew a license where the Department finds: (a) There has been substantial non-compliance with these rules or where there is substantial non-compliance with …

411-052-0040 Sanctions - Suspension of License (1) The Department may immediately suspend a license for reason of abuse, neglect, or exploitation of a resident if: (a) The Department finds that the abuse, neglect, or exploitation causes an immediate threat to any of the residents…

411-052-0045 Criminal Penalties (1) Operating an AFH without a license is punishable as a Class C misdemeanor per ORS 443.991(5). (2) Refusing to allow access and inspection of a home by Department or LLA staff or state or local fire inspection is a Class B misdemeanor per ORS 44…

411-054-0000 Purpose (1) The purpose of these rules is to establish standards for assisted living and residential care facilities that promote the availability of a wide range of individualized services for elderly and persons with disabilities, in a homelike environment. The sta…

411-054-0005 Definitions For the purpose of these rules, the following definitions apply: (1) "Abuse" means abuse as defined in OAR 411-020-0002 (Adult Protective Services). (2) "Activities of Daily Living (ADL)" mean those personal functional activities required by an individual…

411-054-0010 Licensing Standard (1) No individual, entity, or governmental unit acting individually or jointly with any other individual, entity, or governmental unit may establish, maintain, conduct, or operate a residential care or assisted living facility, use the term residen…

411-054-0012 Requirements for New Construction or Initial Licensure (1) An applicant requesting approval of a potential license for new construction or licensing of an existing building that is not operating as a licensed facility, must communicate with the Department before subm…

411-054-0013 Application for Initial Licensure and License Renewal (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 app…

411-054-0016 New Applicant Qualifications For the purpose of this rule, "applicant" means each entity, as defined in OAR 411-054-0005, who holds 10 percent or more incident of ownership in the applicant as described in OAR 411-054-0013(1)(b). For those who serve the Medicaid popu…

411-054-0019 Change of Ownership or Management (1) The licensee and the prospective licensee must each notify the Department in writing of a contemplated change in ownership or management entity. The written notification must be received at least 60 days prior to the proposed dat…

411-054-0025 Facility Administration (1) FACILITY OPERATION. (a) The licensee is responsible for the operation of the facility and the quality of services rendered in the facility. (b) The licensee is responsible for the supervision, training, and overall conduct of staff when st…

411-054-0026 Disclosure and Notification to Potential Residents The facility must provide the following documents to potential residents before move-in: (1) UNIFORM DISCLOSURE STATEMENT. This is a Department-designated form (form APD 9098A) to provide to each individual who reque…

411-054-0027 Resident Rights and Protections (1) GENERAL RIGHTS. The facility must implement a residents' Bill of Rights. Each resident and the resident's designated representative, if appropriate, must be given a copy of the resident's rights and responsibilities before moving i…

411-054-0028 Reporting and Investigating Abuse and Other Actions Affecting Resident Welfare (1) The facility must have policies and procedures in place to assure the prevention and appropriate response to any incident. In the case of incidents of abuse, suspected abuse, or injury…

411-054-0030 Resident Services (1) The residential care or assisted living facility must provide a minimum scope of services as follows: (a) Three daily nutritious, palatable meals with snacks available seven days a week, in accordance with the recommended dietary allowances foun…