Oregon Administrative Code

411-071-0090 Complaint Records (1) A record must be maintained by the Department of all complaints and any action taken on the complaint. Any information regarding the investigation of the complaint must not be filed in the public file until the investigation has been completed. …

411-071-0095 Sanctions (1) The Department may suspend, revoke or refuse to renew the certification to provide admission assessment if the Department finds that the program has violated any provision of the Act or these rules, including: (a) Substantial failure to comply with thes…

411-071-0100 Responsibilities of Nursing Facilities (1) A Medicaid eligible individual must have an AAA/Seniors and People with Disabilities Pre-Admission Screening and prior authorization of payment prior to admission to a nursing facility. A nursing facility must not admit a Me…

411-071-0105 Civil Penalties (1) Civil penalties, not to exceed $5,000, may be assessed to nursing facilities for violation of the Act or these rules, and must be imposed in the manner provided in ORS 441.705 to 441.745. (2) Any civil penalty imposed must become due and payable w…

411-071-0110 Responsibility of Certified Programs A certified program performing an admission assessment must: (1) Transmit a copy of the assessment form to the nursing facility upon admission of the individual; (2) Send a copy of the completed assessment form to the Department; …

411-071-0115 Responsibility of Adult Foster Homes, Residential Care Facilities and Non-Medicaid Nursing Facilities (1) On or after February 1, 1991, except as provided in section (2) of this rule, prior to admission to an adult foster home, a residential care facility, or a non-M…

411-073-0000 Purpose The purpose of these rules is to define the process through which the Seniors and People with Disabilities Division may impose remedies against Medicaid-only certified nursing facilities when such facilities fail to comply with the federal statute or Code of …

411-073-0010 Definitions As used in these rules (OAR 411, division 73) unless the context requires otherwise, the definitions in OAR 411-070-0005, 411-085-0005, and following definitions apply: (1) “Deficiency” means a facility’s failure to meet a requirement of participation as …

411-073-0020 Statement of Deficiencies/Plan of Correction (1) Statement of Deficiencies. When the Division identifies a facility’s failure to comply with federal regulations, the Division shall document such failure(s) on a federal Statement of Deficiencies form HCFA 2567. The St…

411-073-0030 Remedies Generally (1) Remedied Available. In addition to the remedies which may be provided pursuant to OAR 411, division 89, one or more of the remedies listed in these rules (OAR 411-073) may be imposed by the Division when a facility fails to comply with federal …

411-073-0040 Categories of Remedies (1) Category 1 Remedies. Category 1 remedies include one or more of the following: (a) Directed Plan of Correction (including directed inservice training); (b) Directed inservice training; or (c) Division monitoring (state monitoring). (2) Cate…

411-073-0050 Directed Plan of Correction (1) When Imposed. The Division may require a Directed Plan of Correction: (a) When isolated deficiencies or a pattern of deficiencies result in actual harm or a potential for more than minimal harm, including immediate jeopardy; or (b) In …

411-073-0060 Directed Inservice Training (1) When Imposed. The Division may require Directed Inservice Training: (a) When isolated deficiencies or a pattern of deficiencies result in actual harm or a potential for more than minimal harm, including immediate jeopardy; or (b) In an…

411-073-0070 Monitoring by the State (1) When Imposed. The Division may initiate state monitoring under these rules: (a) When a facility is not in substantial compliance with one or more requirements of participation and is in the process of correcting deficiencies; (b) When a fa…

411-073-0080 Denial of Payment for New Admissions (1) When Imposed. The Division may deny payment for new Medicaid admissions: (a) When there are widespread deficiencies constituting no actual harm, but with a potential for more than minimal harm; (b) When there is at least one d…

411-073-0090 Civil Money Penalties (1) When Imposed. The Division may impose a civil money penalty for each day a facility is or was not in substantial compliance with one or more requirements of participation. The penalty may be imposed in any situation under which a category 2 …

411-073-0100 Temporary Management (1) When Imposed. The Division may appoint a temporary manager to oversee facility operation: (a) When there is one or more deficiencies constituting an immediate jeopardy or when there are widespread deficiencies constituting actual harm; or (b)…

411-073-0110 Termination of Provider Agreement/Resident Transfer (1) When Imposed. The Division may terminate the Provider Agreement and/or transfer residents: (a) When there is immediate jeopardy, when the facility closes, or during an emergency; (b) When the facility is not in …

411-073-0120 Notice of Remedy, Excluding Civil Money Penalties (1) Notice Time Frame. This rule sets forth the notice requirements for remedies other than civil money penalties. The notice requirements for civil money penalties are set forth in OAR 411-073-0140. (a) No Notice Req…

411-073-0130 Notice of Civil Money Penalty/Hearing/Order for Payment (1) Contents of Notice. The notice of intent to impose a civil money penalty under these rules shall include: (a) Nature of the noncompliance; (b) Statutory basis for the penalty; (c) Amount of penalty per day o…

411-073-0140 Dispute Resolution (1) Informal Dispute Resolution. Upon receipt of a Statement of Deficiencies, the facility shall be provided an opportunity to dispute the Division’s survey findings. (a) If a facility wishes an informal conference to dispute the Division’s survey …

411-073-0150 Change of Ownership (1) A facility may not avoid a remedy on the basis it underwent a change of ownership. (2) If a facility has undergone a change of ownership the Division will not restart the count of repeated substandard quality of care surveys unless the new own…

411-085-0000 Statement of Purpose The purpose of these rules (OAR 411, divisions 85–89) is to establish requirements for nursing facilities that promote quality care and maximization of personal choice and independence for residents. Whenever possible, care shall be directed towa…

411-085-0005 Definitions Unless the context requires otherwise, the following definitions apply to the rules in OAR chapter 411, divisions 70, 85, 86, and 89: (1) "AAA" means "Area Agency on Aging" as defined in this rule. (2) "Abuse" means: (a) Any physical injury to a resident …

411-085-0010 Issuance of License (1) No person acting individually or jointly with any other person shall establish, conduct, maintain, manage, or operate a nursing facility without a license from the Department. (2) Each nursing facility license issued by the Department applies …

411-085-0013 New Applicant Qualifications For the purpose of this rule, "applicant" means each person, as defined in ORS 442.015, who holds 10 percent or greater incident of ownership in the facility. Applicants for licensure (excluding license renewal, but including all changes …

411-085-0015 License Expiration, Termination of Operation, License Return (1) EXPIRATION. Effective May 16, 2011, unless revoked or terminated earlier, or issued for a shorter specified period, each license to operate a nursing facility expires annually, following the date of iss…

411-085-0020 License Fees, Special Assessment (1) LICENSE APPLICATION FEES. (a) License application fees may not be prorated for a partial year. The amount of the application fee or annual license renewal fee is paid according to number of beds, as established in Or Laws 2017, ch…

411-085-0025 Change of Ownership or Operator and Closure (1) CHANGE OF OWNERSHIP OR OPERATOR. (a) When a change of ownership or a change of operator is contemplated, a licensee and a prospective licensee must each notify the Department in writing of the contemplated change. The n…

411-085-0030 Required Postings (1) PUBLIC NOTICES: (a) Content. Public notices required to be posted include: (A) The most recent licensing and, if applicable, certification survey reports; (B) The placard provided by the Department that includes information on reporting of abuse…

411-085-0040 Alternative Methods, Waivers (1) APPLICATION. While all nursing facilities are required to maintain compliance with the Department's rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, per…

411-085-0050 Hospital-Based Nursing Facilities Facilities that are physically connected to and operated by a licensed general hospital will be considered to be in compliance with the following Oregon nursing facility requirements: (1) Requirements for policies, procedures and qua…

411-085-0060 Specialty Nursing Facilities (1) APPLICATION. Facilities that have successfully obtained from the Oregon Health Authority a certificate of need for "specialty long-term care beds" pursuant to OAR 333-610 must make application to the Department for licensure as a "Spe…

411-085-0200 Licensee, Employees, Consultants (1) LICENSEE. The licensee will be responsible for the operation of the facility and the quality of care rendered in the facility. (2) EMPLOYEES. (a) Licensure, Registration, Certification Required. All health care personnel working i…

411-085-0210 Facility Policies (1) A Quality Assessment and Assurance Committee must develop and adopt facility policies. The policies must be followed by the facility staff and evaluated annually by the Quality Assessment and Assurance Committee and rewritten as needed. Policies…

411-085-0220 Quality Assurance (1) QUALITY ASSESSMENT AND ASSURANCE COMMITTEE. Each facility must have a Quality Assessment and Assurance Committee. The committee must include the administrator, medical director, Director of Nursing Services (DNS), consulting pharmacist and at le…

411-085-0300 Civil Rights (1) The facility must not make any distinction, discrimination or restriction based on a resident's, potential resident's or visitor's sex, marital status, race, color, national origin or disability. (2) The facility must make reasonable accommodations i…

411-085-0310 Residents’ Rights: Generally The facility must protect, encourage, and assist the resident in exercising the rights identified in OAR 411-085-0300 – OAR 411-085-0350. Each resident and the resident's legal representative, as appropriate, have the right to: (1) Be enc…

411-085-0320 Residents’ Rights: Charges and Rates (1) ADMISSION. The facility must provide written and oral notice before or at the time of admission to each resident specifying: (a) The base daily rate, or Medicaid rate and, as soon as known, amount of resident liability, as app…

411-085-0330 Residents’ Rights: Visitor Access (1) DEFINITION. As used in this rule, "full and free access" means access to the fullest extent possible without undue adverse interference on the operation of the facility. (2) FULL ACCESS. The facility must permit individuals and g…

411-085-0340 Residents’ Rights: Pharmaceutical Services, Charges for Drugs (1) CHOICE OF SUPPLIERS: (a) The resident must have a choice from among prescription/nonprescription drug delivery systems so long as the system selected: (A) Provides for timely delivery of drugs; (B) Pro…

411-085-0350 Residents’ Rights: Personal Funds (1) RESIDENT HELD FUNDS. The resident has the right to manage his or her financial affairs and the facility may not require residents to deposit personal funds with the facility. (2) FACILITY HELD FUNDS. (a) Resident Request. The fac…

411-085-0360 Abuse (1) ABUSE IS PROHIBITED. The facility employees, agents, and licensee must not permit, aid, or engage in abuse of residents under their care. (2) REPORTERS AND MANDATORY REPORTERS. All persons are encouraged to report abuse and suspected abuse. The following pe…

411-085-0370 Confidentiality This rule applies to facility licensees, employees, and agents, to Department staff, and the staff of all Area Agencies on Aging. (1) RESIDENTS. The names of residents and all documentation that may allow the identification of a resident must be kept …

411-086-0010 Administrator (1) Full-Time. Each licensed nursing facility shall be under the supervision of a full-time Oregon licensed nursing home administrator: (a) In facilities physically connected with an Oregon licensed general hospital, the nursing home administrator shall…

411-086-0020 Director of Nursing Services (DNS) (1) Full-Time. Each facility shall have a director of nursing services who shall be full-time (40-hours per week) in a single nursing facility. Time spent in professional association workshops, seminars and continuing education may …

411-086-0030 RN Care Manager The RN care manager is a registered nurse who is responsible and accountable for managing the nursing care of his/her assigned residents. Each resident shall have an RN care manager responsible for his/her care: (1) Training: (a) Within nine months of…

411-086-0040 Admission of Residents (1) Admission Conditions: (a) The facility shall not accept or retain residents whose care needs cannot be met by the facility; (b) No person shall be admitted to the facility except on the order of a physician; (c) Admission medical informatio…

411-086-0050 Admission of Day Care Residents Day care residents may be admitted to the facility only if the facility has written approval from the Division to admit day care residents, the facility is in compliance with OAR 411, divisions 85–89, and provided admittance does not i…

411-086-0060 Comprehensive Assessment and Care Plan (1) Comprehensive Assessment: (a) An RN shall ensure completion and documentation of a comprehensive assessment of the resident's capabilities and needs for nursing services within 14 days of admission. Comprehensive assessments…