Oregon Administrative Code

411-065-0005 Definitions (1) "Activities of Daily Living (ADL)" means activities usually performed in the course of a normal day in an individual's life, such as eating, dressing, bathing and personal hygiene, mobility, bowel and bladder control, and behavior. (2) "Area Agency on…

411-065-0015 Approval Procedure (1) Any person desiring to provide specialized services under the provision of these rules must request approval by submitting the following information in writing to the Department and local AAA: (a) Name of the provider and address of the facilit…

411-065-0020 Compliance and Documentation (1) Providers must document appropriate qualifications and training or supervisors and staff to provide care and services for the target group. (2) Providers must maintain documentation that the approved services are in fact being provide…

411-065-0025 Staffing Requirements (1) The provider must have staff of sufficient number and qualifications to meet the specialized needs of the target group. (2) The number and quality of staff will be specified by the Department contract at the time of approval of the contract.…

411-065-0030 Admission Criteria (1) Each provider will develop admission criteria specific to the target group to be served. (2) Each person must be stabilized in their physical and emotional adjustments to their disability and be able to participate in planning for services to m…

411-065-0035 Exit Criteria (1) A resident may choose to leave a specialized living services program whenever the program is no longer of benefit. A resident may also be moved if his or her condition deteriorates either mentally or physically to the point that his or her needs can…

411-065-0040 Records (1) The provider must maintain confidential records for each resident that contains the client's service plan, a copy of written client right rules and documentation that the rules have been discussed with the client, and all pertinent medical, social and fin…

411-065-0045 Facility Standards (1) Specialized living services that are provided in a community based setting must meet applicable zoning, building, housing, water, sewer and fire safety codes, rules, and regulations. If an exception or waiver is granted by a regulatory agency, …

411-065-0046 Client Rights (1) Each client receiving specialized living services must be assured the same civil and human rights accorded to other citizens. (2) The provider must document in writing, implement and fully inform each client of policies and procedures that protect c…

411-065-0047 Denial, Termination, Nonrenewal or Suspension of Approval (1) Failure to Comply. The Department may deny, terminate, or refuse to renew provider approvals with providers who fail to comply with OAR 411-065-0000 through 411-065-0050 relating to specialized living serv…

411-065-0048 Conditions for Payment (1) No payment will be made to any person or organization from the Department for specialized living services without first obtaining approval from the Department as prescribed in these rules. (2) Where specialized living services are provided …

411-065-0049 Reimbursement (1) The total monthly rate for specialized living services must not exceed the amount approved for each resident in accordance with the terms of the contract signed by the Department. (2) Any add-on costs for nursing services must not exceed the RN Cont…

411-065-0050 Contract (1) Each specialized living services provider will have a contractual agreement with the Department specifying: type of administrative and direct care staff; terms of payment and procedures; roles and responsibilities of each party; and general provisions. T…

411-066-0000 Statement of Purpose (1) Adult day services are community-based group programs designed to meet the service needs of aging and people with physical disabilities in a structured non-residential setting. (2) These rules: (a) Create a registry of adult day services prog…

411-066-0005 Definitions (1) "Activities of Daily Living (ADL)" means those personal, functional activities required by an individual for continued well-being, which are essential for health and safety. Activities include eating, dressing and grooming, bathing and personal hygien…

411-066-0010 Registration (1) All ADS programs that voluntarily provide APD with the information described in section (2) of this rule shall be placed on APD's ADS registry. (2) Information on the registry must include, but is not limited to: (a) The name and address of the ADS p…

411-066-0015 Certification ADS programs that enroll with APD to provide services must be certified. (1) INITIAL CERTIFICATION. (a) To receive APD Adult Day Service certification, which is required to become a DHS Medicaid-enrolled provider, an ADS program must complete all of the…

411-066-0020 Standards for Adult Day Services Programs (1) SERVICE PLANS. ADS program participants must have a service plan that is based on individually assessed service needs and the ADS program's ability to provide services to meet the participants need. The service plan must …

411-067-0000 Definitions (1) "Act" means the Continuing Care Retirement Community Provider Registration Act, ORS Chapter 101. (2) "Activities of Daily Living" mean those personal, functional activities required by an individual for continued well-being, which are essential for he…

411-067-0010 Registration Required (1) Providers who operate a CCRC must register with the Division. (2) If a provider operates more than one CCRC facility, each facility must be registered with the Division and separately listed on the disclosure statement. (3) No entity shall c…

411-067-0020 Registration (1) APPLICATION FOR REGISTRATION: (a) Application for registration must be made to the Division on forms prescribed by the Division. The application must include: (A) The registration fee as described in section (2) of this rule; (B) The annual disclosur…

411-067-0050 Disclosure Statement (1) All providers must file a disclosure statement with the Division upon initial application and annually thereafter. The disclosure statement must be on forms prescribed by the Division. (2) DISCLOSURE STATEMENT: The disclosure statement must i…

411-067-0055 Residency Agreement (1) The provider and the prospective resident must sign and date a residency agreement before CCRC services begin. (2) A copy of the agreement must be provided to the resident. (3) The residency agreement must list in boldface type the percentage …

411-067-0060 Reserve Requirements (1) A provider must establish and maintain at all times: (a) A debt service liquid reserve in an amount equal to or exceeding the total of all principal and interest payments due during the next 12 months on account of a mortgage loan or other lo…

411-067-0065 Provider Liquidation If the provider is liquidated, the claims of the residents arising under residency agreements must be preferred claims that have priority over other unperfected claims against the provider's assets. Statutory/Other Authority: ORS 101.150 & 410.09…

411-067-0070 Escrow Accounts (1) ESCROW ACCOUNT REQUIRED. Prior to the Division issuing a certificate of registration to a provider for a new CCRC or new CCRC facility, the provider must establish an escrow account with a bank, trust company, or licensed escrow agent. A provider,…

411-067-0080 Transfer of Ownership (1) A certificate of registration is not transferable. (2) A registered provider who wishes to sell, transfer ownership, or lease any CCRC or CCRC facility must obtain approval from the Division. The Division shall grant approval when the requir…

411-067-0083 Resident Meetings and Notice of Changes (1) The governing body or a designated representative of the provider must hold meetings with the residents’ council (Council) or all residents of the CCRC at least twice a year for the purpose of free discussion of subjects th…

411-067-0086 Resident Rights (1) A provider must assist a resident, upon request, in the exercise of the resident’s rights as a citizen of the United States and as a resident of Oregon. A resident has the right to exercise all rights that do not infringe upon the rights or safety…

411-067-0090 Complaints, Investigations and Remedies (1) INVESTIGATIONS REQUIRED. The Division shall investigate all complaints made regarding violations of the CCRC Act, these rules, or orders adopted under the Act. (a) Division staff or representatives of the Division shall car…

411-067-0100 Promotional Material (1) PROHIBITION REGARDING ENDORSEMENT CLAIM. A provider may not advertise, represent, or imply that a CCRC has been inspected or approved by the State of Oregon or the Division. (2) FEE SCHEDULE. All copies of the provider's fee schedule must sta…

411-068-0000 Definitions Relating to Room and Board Facilities (1) "Abuse" means "abuse" as defined in OAR 411-020-0002 (Adult Protective Services). (a) PHYSICAL ABUSE. (A) Physical abuse includes: (i) The use of physical force that may result in bodily injury, physical pain, or …

411-068-0005 Certificate of Registration Required (1) Any person who operates a RB facility as defined in these rules must obtain a Certificate of Registration (registration) for the facility from the Department prior to providing services and prior to receiving compensation for …

411-068-0008 Background Check (1) All SI’s must have an approved background check, which for non-operators or non-operator applicants, may include an approved preliminary fitness determination, prior to operating, training in, working in or living in an RB facility. (a) Operators…

411-068-0010 Application and Fees (1) An application for a registration shall be submitted by the operator in writing on a form APD 0926. The application shall include but not be limited to: (a) A description of the property or place in or upon which the applicant proposes to mai…

411-068-0015 Issuance of Certificate of Registration (1) If the Department determines that all requirements of ORS 443.480 to 443.500 and these rules have been met, it shall issue a registration to the applicant for the facility within 60 calendar days of receipt of the completed…

411-068-0020 Renewal (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 $…

411-068-0025 Exceptions (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 t…

411-068-0030 Waiver of Registration Requirement (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 th…

411-068-0035 Identification 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 History: APD 24-2022, amend…

411-068-0040 Residency Agreement (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 includ…

411-068-0045 Standards for Operators of Room and Board Facilities (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 407-0…

411-068-0050 Standards for a Room and Board Facility (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 …

411-068-0055 Limitation on the Provision of Services in a Room and Board Facility (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 pro…

411-068-0060 Complaints (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 …

411-068-0065 Complaint Records (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…

411-068-0070 Access and Inspection (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…

411-068-0075 Procedures for Correction of Violations (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 preven…

411-068-0080 Administrative Sanctions (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 regist…

411-068-0085 Denial, Suspension, Revocation or Refusal to Renew Registration (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 …