Oregon Administrative Code

411-087-0460 Water Supply, Sewage Disposal, and Other Piping Systems (1) Plumbing System. All interior plumbing systems shall be installed and maintained in conformance with the State Plumbing Code which was current at the time of construction, municipal or county ordinances and …

411-087-0470 Building Sprinkler Systems (1) Applicable Codes. Facilities with sprinkler systems for fire suppression shall be installed to comply with the Oregon Structural and Life Safety Code as adopted by the Oregon Building Codes Division or local jurisdictions having authori…

411-087-0480 Waste Processing Systems Storage and disposal. Space and facilities shall be provided for the sanitary storage and disposal of waste. Incinerator units must be a system approved by the Department of Environmental Quality. Compliance with OAR 333, division 18 is requi…

411-087-0490 Elevator Systems All buildings having residents’ facilities (such as bedrooms, dining rooms, or recreation areas) or resident services (such as diagnostic or therapy) located on a floor other than the main entrance floor shall have electric or electro-hydraulic eleva…

411-088-0000 Purpose These Oregon Administrative Rules, OAR 411-088-0000 – 411-088-0080, shall be known as the “Transfer Rules.” The purpose of these rules is to ensure that: (1) Unnecessary transfers do not occur; (2) When transfers are necessary, precautions are taken by the fa…

411-088-0005 Definitions As used in OAR 411, division 088, unless the context requires otherwise, the following definitions apply: (1) “Hearing” means a contested case hearing according to the Administrative Procedures Act and the Rules of the Division. (2) “Involuntary Transfer”…

411-088-0007 Voluntary Transfer (1) Written Consent Required. Written consent for a voluntary transfer is required. Consent must be in writing on the form provided by the Division on the back page of the brochure, “Leaving the Nursing Facility.” If a resident has substantially im…

411-088-0010 Involuntary Transfer Unless a transfer is voluntary, no resident may be transferred from a facility except for the reasons and according to the procedures described in these Transfer Rules. These rules shall only apply to residents in nursing facility beds or persons…

411-088-0020 Basis for Involuntary Transfer Upon compliance with these transfer rules (OAR 411-088), an involuntary transfer of a resident may be made when one of the reasons specified in this rule exists. (1) MEDICAL AND WELFARE REASONS. (a) A resident may be transferred when th…

411-088-0030 Considerations Required Prior to Involuntary Transfer Prior to issuing a notice for an involuntary transfer, in order to determine the appropriateness of transfer, the facility shall consider the following: (1) The availability of alternatives to transfer. (2) The re…

411-088-0040 Involuntary Transfer Prohibited (1) The facility shall not involuntarily transfer a resident for medical or welfare reasons under OAR 411-088-0020(1)(a) through (f) if the risk of physical or emotional trauma significantly outweighs the risk to the resident and/or to…

411-088-0050 Right to Return from Hospital (1) If a resident is transferred to a hospital, the facility may not fill the resident's bed with another person if the resident or the resident's legal representative offers payment, or reimbursement is available from the Department, fo…

411-088-0060 Right to Readmission (1) Any person transferred from a facility voluntarily or involuntarily shall have the right of readmission to the facility from which the person was transferred, provided that: (a) A request for readmission is made within 180 days of the date of…

411-088-0070 Notice Requirements (1) NOTICE LENGTH: (a) A facility must provide a resident transferred from the facility a minimum of 30 days prior written notice unless otherwise provided under this section. (b) A resident may be involuntarily transferred under OAR 411-088-0020(…

411-088-0080 Informal Conference and Hearing (1) A resident who is to be involuntarily transferred or refused the right of return or readmission is entitled to an informal conference and hearing as provided in this rule. (2) CONFERENCE REQUEST. (a) Upon receipt of a notice, a res…

411-089-0010 Inspections and Surveys (1) Frequency. The Department shall, in addition to any investigations conducted pursuant to complaints, conduct a general in-person inspection of each facility to determine compliance with nursing facility laws on a schedule consistent with t…

411-089-0020 Sanctions, Generally (1) Information collected during a visit by any Department, local APD, or Area Agency on Aging representative, regardless of the reason for the visit, may be used as a basis for any sanction imposed by the Department. (2) The use of any one sanct…

411-089-0030 Civil Penalties (1) For purposes of imposing civil penalties, facilities licensed under ORS 441.015 are considered to be long-term care facilities subject to ORS 441.705 to 441.745. (2) For purposes of this rule: (a)"Resident rights" means that each resident must be …

411-089-0040 Nursing Facility License Denial, Suspension, Revocation (1) Basis for Denial, Revocation -- Mandatory. A license shall be suspended or revoked, or both, or denied if a certificate of noncompliance is issued by the State Fire Marshal, Deputy, or other approved represe…

411-089-0050 Conditions (1) Purpose. The purpose of this rule is to protect nursing facility residents and prospective residents from threats to their health, safety, and welfare, and to help ensure the attention of facilities with serious deficiencies is directed toward correcti…

411-089-0070 Facility Fund (1) Moneys in the Facility Fund are appropriated to the Department to pay for the reasonable expenses of a trustee or temporary manager. (2) BASIS FOR APPOINTMENT. (a) A trustee may be appointed when a court finds the health and welfare of facility resi…

411-089-0075 Temporary Manager (1) APPOINTMENT. The Department, with the consent of the licensee, may appoint a temporary manager to assume control of the day-to-day operation of the facility in accordance with Oregon Laws 2009, chapter 539, sections 14 through 18. The appointmen…

411-089-0100 Complaint Intake, Investigation (1) Complaint Intake. The local APD or Type B AAA office receiving a complaint shall ask questions to obtain as much of the information requested on the APD Complaint Intake Form as possible. The local APD or Type B AAA office shall ha…

411-089-0110 Initial Status Report (Abuse Complaints Only) (1) Initial Status Report for Abuse Investigations (Local APD or Type B AAA Office). Except in cases where the investigation is part of a general inspection pursuant to federal law, the local APD or Type B AAA office shal…

411-089-0120 Complaint Investigation Report (Local APD or Type B AAA Office) (1) Report Required. The investigator shall write a complaint investigation report after each investigation is completed. (2) Content. The complaint investigation and the findings of the investigation sh…

411-089-0130 Division Findings for Complaint Investigations (OLRO) OLRO Review. OLRO shall review the Complaint Investigation Report and any evidence submitted with the report. (1) OLRO Determination. OLRO shall review the Complaint Investigation Report and shall determine for ea…

411-089-0140 Letters of Determination Within 60 days of receipt by the Department of the investigation report, the Department shall issue a letter of determination. (1) CONTENT. The letter of determination shall: (a) Explain the nature of each allegation; (b) Include the date and…

411-090-0100 Statement of Purpose (1) The purpose of the rules in OAR chapter 411, division 90 is to establish standards for the endorsement of Ventilator Assisted Programs. The Ventilator Assisted Program provides specialized services for individuals dependent on invasive mechan…

411-090-0110 Definitions Unless the context indicates otherwise, the following definitions and the definitions in OAR 411-085-0005 apply to these rules: (1) "Advertise" means to make publicly and generally known, usually by printed notice, broadcast, verbal marketing, website, or…

411-090-0120 Endorsement Requirements and Approval (1) ENDORSEMENT REQUIRED. Any Title XVIII and XIX certified nursing facility that provides care to residents as a Ventilator Assisted Program must be endorsed pursuant to these rules. (2) The facility may not admit any ventilator…

411-090-0130 Endorsement Renewal and Relinquishment (1) ENDORSEMENT RENEWAL. Endorsement renewal must be made at the same time as the facility's license renewal. (2) If the initial endorsement approval falls within three months of the facility’s license renewal, an automatic exce…

411-090-0140 Advertising of a Ventilator Assisted Program (1) An applicant may not advertise as an endorsed Ventilator Assisted Program facility until the applicant has obtained an endorsement from the Department. A prospective Ventilator Assisted Program facility may advertise a…

411-090-0150 Licensee Requirements (1) The licensee must follow the licensing rules in OAR chapter 411, divisions 86 through 89, and these rules. (2) The licensee agrees to provide room, care, and services for all Ventilator Assisted Program residents in a distinct area within th…

411-090-0160 Staffing (1) STAFFING. The unit must employ or contract with a full-time Ventilator Assisted Program Unit Director. (2) In a designated Ventilator Assisted Program unit, the following staffing requirements apply: (a) Licensed Nurses. (A) A licensed nurse must be on d…

411-090-0170 Staff Training (1) STAFF TRAINING. The facility must provide residents with trained staff who have been instructed in invasive mechanical ventilation services and have ongoing training. (2) The administrator of the facility must complete and document an additional si…

411-090-0180 Resident Services in a Ventilator Assisted Program Unit (1) Individuals who are dependent on invasive mechanical ventilation as a means of life support and individuals who are transitioning from mechanical ventilation, may participate in the Ventilator Assisted Progr…

411-090-0190 Physical Design, Environment, and Safety (1) The intent of this rule is for the physical environment and design of the Ventilator Assisted program designated area to support the needs of the residents in the Ventilator Assisted Program who are dependent on invasive m…

411-090-0200 Exceptions Requests for exceptions to these rules shall be reviewed by the Department and processed in accordance with these rules and the licensing rules in OAR chapter 411, divisions 85 through 88. Statutory/Other Authority: ORS 409.050, 410.070, 441.055, 441.615 S…

411-090-0210 Reporting Requirements (1) REPORTING REQUIREMENTS. Endorsed Ventilator Assisted Program facilities shall report information to the Department in the form and format determined by the Department. (2) Facilities shall provide a quarterly Ventilator Assisted Program Cli…

411-090-0220 Administrative Review, Complaints, Inspections, and Sanctions (1) COMPLAINTS AND INVESTIGATIONS. The Department shall investigate complaints regarding an endorsed Ventilator Assisted Program in accordance with the Nursing Facility Licensing complaint and investigatio…

411-100-0000 Purpose and Scope The purpose of these rules is to provide for the administration and implementation of ORS 410.730 and 410.732, relating to the establishment of the Self-Sufficiency Trust Fund and the Disability Trust Fund. Statutory/Other Authority: ORS 410.730 and…

411-100-0005 Definitions (As Used in 411-Division 100) (1) “Agreement” means an agreement developed between a private, non-profit self-sufficiency trust and the Division on behalf of the State Self-Sufficiency Trust Fund which outlines the services expected to be required through…

411-100-0010 Services Provided (1) State Trust Fund and Disability Trust Fund monies can be used to purchase additional services currently available in the state service delivery system which do not supplant services already provided by public assistance programs or to purchase n…

411-100-0020 Funding of Services for State Trust Fund Supplemental services are paid by voucher from the individual beneficiary’s account to fulfill the life care plan created. Each agreement must indicate the amount of money to be made available for the supplemental services. On…

411-100-0030 Administrative Procedures for State Trust Fund (1) Life Care Plan. Prior to the execution of the life care plan between the sponsor(s) and the private, non-profit trust, the Division must review and approve the plan within 60 days of receiving the completed life care…

411-100-0040 Self-Sufficiency Trust Responsibilities (Private, Non-Profit Trust) (1) The private, non-profit self-sufficiency trust shall have all responsibility for the solicitation and enrollment of participants into the State Self-Sufficiency Trust Fund. Specific responsibilit…

411-100-0100 Disability Trust Fund Eligibility (1) In order to receive supplemental services through the Disability Trust Fund, an individual must: (a) Be 18 years of age or older; (b) Be disabled as defined in OAR 411-100-0005; (c) Be indigent and meet the Supplementary Security…

411-100-0110 Supplemental Services Provided by the Disability Trust Fund (1) Determination of Supplemental Services: (a) Allocation of the Disability Trust Fund monies shall be determined by the Division; (b) Supplemental services shall be provided annually to an eligible individ…

411-200-0010 General Policy (1) The Oregon Department of Human Services (Department) reimburses a vendor or consultant for the costs of goods and services only if the Department has authorized payment before the provision of goods and services. The Department rejects all invoices…

411-200-0020 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 200. (1) "Brief Narrative" means a document that summarizes claimant treatment to date and current status, briefly addresses three to five sp…