Oregon Administrative Code

411-057-0180 Exceptions 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 History: APD 24-2020, amend filed 0…

411-057-0190 Complaints, Inspections, and Sanctions (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. Com…

411-058-0000 Definitions 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) “Certific…

411-058-0010 Registration Required (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 s…

411-058-0020 Registration (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) Gene…

411-058-0030 Disclosure Statement (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, …

411-058-0040 Prohibited Activities (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 …

411-058-0050 Client Records 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.…

411-058-0060 Subsequent Facility (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…

411-058-0070 General Liability Insurance Requirements (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 insuran…

411-058-0080 Background Check Requirements (1) Any referral agent, including any employee, owner, or operator of a referral agency who provides long term care referrals to clients, and who comes into direct contact with clients must pass a criminal background check every 24 month…

411-058-0085 Mandatory Abuse Reporting (1) Referral agents are mandatory reporters under ORS 124.050 and subject to the abuse reporting requirements of ORS 124.060. (2) A mandatory reporter must report if they have reasonable cause to believe that an elderly person in any setting…

411-058-0090 Administrative Sanctions and Civil Penalties (1) The Department may impose an administrative sanction or a civil penalty against a referral agent for noncompliance with these rules, as follows: (a) There has been substantial failure to comply with these rules or wher…

411-058-0110 Notice and Hearing Rights (1) NOTICE. A notice of administrative sanction or civil penalty shall follow procedures established by ORS 183.745 “Civil Penalty Procedures” and be sent by mail, certified mail or electronic mail. (2) HEARINGS. Right to Hearing. If the Dep…

411-059-0000 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 059: (1) "Case Management" means the planning, coordination, and referral of services provided directly by the project or from external provi…

411-059-0010 Registration Required (1) Except as provided in OAR 411-059-0030, all entities that coordinate two or more health or social services for older adults and people with disabilities who live in publicly subsidized or private congregate settings must register with the De…

411-059-0020 Registration (1) HOUSING WITH SERVICES PROJECT REGISTRATION: (a) A Housing with Services project must register with the Department on forms prescribed by the Department. The registration form must include the housing with services project's: (A) Name; (B) Address; an…

411-059-0030 Registration Required - Exceptions (1) A housing with services project is not required to register with the Department under these rules and ORS 443.378 if the housing with services project is regulated by the Housing and Community Services Department or the federal …

411-059-0040 Department Information for Tenants (1) Upon entering a project on the registry, as stipulated in OAR 411-059-0020 through 411-059-0030, the Department shall provide housing with services projects with information on resources available to tenants within 30 business d…

411-059-0050 Administrative Sanctions (1) If the Department has reasonable cause to believe an entity is a housing with services project subject to the registration requirements of OAR 411-059-0010 through OAR 411-059-0020 and is operating without registration, the Department may…

411-060-0000 Purpose The purpose of these rules in OAR chapter 411, division 060 is to establish requirements for Nursing Facilities, Assisted Living Facilities and Residential Care Facilities to ensure all residents, Facility Staff and Associated Staff are tested for COVID-19. T…

411-060-0005 Definitions (1) “Assisted Living Facility” refers to entities licensed under rules contained in Oregon Administrative Rule chapter 411, division 054. (2) “Associated Staff” means individuals providing direct care services to facility residents via a contractual relat…

411-060-0010 Admission and Readmission Testing (1) A Facility shall implement quarantine measures for newly admitted or readmitted Residents for a period of 14 days, except residents who have recovered from COVID-19 within 90 days of admission or readmission and are asymptomatic.…

411-060-0025 Ensuring Trauma-Informed and Culturally Responsive Testing (1) Facilities and Associated Staffing Providers must adopt trauma-informed approaches to testing in accordance with Department guidance and professional standards of practice. Such approaches must account fo…

411-060-0027 Routine Staff Testing Requirements Every Assisted Living Facility and Residential Care Facility shall: (1) Ensure that all Facility Staff and Associated Staff are tested routinely for COVID-19 on an interval that considers the published county positivity rate, the av…

411-060-0030 Outbreak Prevention Testing Effective November 1, 2020, a Facility must coordinate or complete specimen collection for COVID-19 testing of all Residents, Facility Staff and Associated Staff within 72 hours of identification of a new case of COVID-19 in either a Resid…

411-060-0040 Consent for Testing (1) A Facility must obtain consent from a Resident, or their representative, and Facility Staff prior to COVID-19 testing. The Facility shall develop a protocol to obtain consent from Residents and a separate protocol to obtain consent from Facili…

411-060-0050 Reporting All Facilities with Clinical Laboratory Improvement Amendments (CLIA) waivers must follow the reporting requirements contained in OARs 333-018-0000 thru 333-018-0145. This includes the requirements contained in OAR 333-018-0011 for reporting race, ethnicity…

411-061-0010 Reporting of COVID-19 Vaccination Data in Nursing Facilities, Assisted Living Facilities, and Residential Care Facilities (1) For purposes of this rule, the following definitions apply: (a) “Additional dose or booster” means a COVID-19 vaccine received two or more we…

411-062-0000 Purpose The purpose of this rule is to establish requirements and criteria for the application, approval, distribution, and oversight of the Long-Term Care Capital Improvement and Emergency Preparedness Program (LTCCIEP). This Program provides financial assistance to…

411-062-0010 Definitions (1) “Air Quality and HVAC Improvement” means systems, system improvements, or equipment that reduce air pollutants, prevent or control the spread of infectious disease, and regulate temperature in indoor spaces including air conditioning. (2) “Emergency S…

411-062-0020 Long-Term Care Capital Improvement and Emergency Preparedness Program (1) The Oregon Department of Human Services establishes the Long-Term Care Capital Improvement and Emergency Preparedness Program (LTCCIEP). (2) The purpose of the LTCCIEP program is to provide gra…

411-062-0030 Application and Prior Authorization (1) Interested Long-Term Care Facilities must submit a prior authorization request for a grant on a form mandated by the Oregon Department of Human Services (ODHS). (2) The Department will reimburse facilities only when a prior aut…

411-062-0040 Long Term Care Facility Prioritization (1) Priority 1 applicants include a long-term care facility, constructed prior to 1996, with the following Medicaid census percentages: (a) Nursing Facility Medicaid occupied census level of 50% or higher on June 30, 2021. (b) C…

411-062-0050 Funding Phases (1) The Department will prior authorize projects in four phases. (2) Phase 1 consists of Priority 1 applicants requesting grants for Projects including improvements to emergency power sources, air quality, and HVAC systems. Applicants for Phase 1 must …

411-062-0060 Maximum Reimbursement Amounts (1) The maximum reimbursement amount for Phase 1 is $1,500 per licensed bed per facility, up to a maximum of $100,000. (2) The maximum reimbursement amount for Phase 2 is $1,500 per licensed bed per facility, up to a maximum of $100,000.…

411-062-0070 Approval and Payment (1) All prior authorization requests must be approved by the Department in writing to be eligible for reimbursement. The Department will notify facilities in writing if their Project is not approved. (2) Once work on a Project is completed, the f…

411-062-0080 Oversight (1) All written prior authorization requests and requests for reimbursement are subject to audit at the discretion of the Department. (2) The Facility shall be notified in writing of any identified overpayment and of any adjustments to the request for payme…

411-063-0010 Definitions (1) “Commission or Council” means those official bodies identified in ORS 410.070, 410.595 and 410.602. (2) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less…

411-063-0020 Per Diem Compensation (1) Subject to the availability of funds in the budget of the Commission or Council, and except as otherwise provided by law, the Oregon Department of Human Services Office of Aging and People with Disabilities shall pay any member of a Commissi…

411-063-0030 Reimbursement of Travel and Other Expenses (1) Except as otherwise provided by law, the Oregon Department of Human Services Office of Aging and People with Disabilities may reimburse all members of Commissions and Councils, including those employed in full-time publi…

411-063-0040 Reimbursement for Hiring a Substitute (1) As used in OAR 411-063-0030, “other expenses” includes expenses incurred by a member of the Commission or Council in employing a substitute to carry out duties, including personal duties, normally performed by the member, whi…

411-064-0000 Purpose The purpose of these rules is to establish requirements for the administration and oversight of monies appropriated to the Oregon Department of Human Services (“Department”) from the Quality Care Fund (“Fund”) established under ORS 443.001. (1) The Fund consi…

411-064-0005 Definitions For the purpose of these rules, the following definitions apply: (1) “Aging and People with Disabilities (“APD”)” means the Office of Aging and People with Disabilities, within the Oregon Department of Human Services. (2) “Department” means the Oregon Dep…

411-064-0010 Fund Management The Department shall be responsible for Fund management and oversight. (1) The Department shall award funds through a formal solicitation process. (2) The Department shall publicly announce, at least one time per 12-month period, funding opportunities…

411-064-0013 Department Identified Projects (1) The Department may at its discretion identify key priority areas based on review of the regulatory environment in long term care settings. The Department may request proposals focused on identified priority areas that improve reside…

411-064-0015 Senior Emergency Medical Services Pilot Projects (1) The Department shall provide funding and monitor local public sector pilot projects that: (a) Provide innovative strategies for addressing the emergency medical services needs of this state’s increasing number of a…

411-064-0020 Fund Distribution (1) The Department shall apply evaluation criteria stated in the formal solicitation requirements to approve or deny any proposal. (2) The Department will notify all applicants, in writing, concerning whether a proposal is approved, in need of addit…

411-064-0030 Fund Accounting and Oversight (1) Entities that receive funding are required to account for and report use of Fund monies using the method and forms specified by the Department. (2) Records related to funded projects, project evaluation, and Fund spending must be ret…

411-065-0000 Purpose The purpose of these rules is to establish standards for specialized living service contracts. The standards provide an enhanced continuum of quality care in a home-like environment for specific target groups who are eligible for a live-in attendant, but beca…