Chapter 409 — Chapter 409

ORS 409.800 Definitions. As used in ORS 409.800 to 409.816 and 409.900

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ORS 409.801 Long term care facility assessment. (1) A long term care facility assessment is imposed on each long term care facility in this state

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ORS 409.802 Rate of assessment; refund of overage. (1) On or before June 15 of each year, the Director of Human Services shall establish an assessment rate for long term care facilities that are not exempt for the assessment year from the assessment imposed under ORS 409.801. The assessment rate shall apply prospectively to the assessment year. The assessment rate shall be a rate estimated to collect an amount that does not exceed six percent of the annual gross revenue of all long term care facilities in this state, as determined from the financial statements or revenue reports, prescribed by the director by rule, filed by long term care facilities for the period ending June 30 of the previous year. For purposes of establishing an assessment rate pursuant to this subsection, the director shall exclude the annual gross revenue of long term care facilities that are exempt from the assessment imposed under ORS 409.801

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ORS 409.803 Oregon Veterans’ Home exempt from assessment. The Oregon Veterans’ Home is exempt from the assessment imposed under ORS 409.801. [2003 c.736 §18; 2003 c.736 §34; 2005 c.757 §7; 2007 c.780 §10; 2013 c.608 §18]

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ORS 409.804 Assessment subject to use of specified reimbursement methodology. Notwithstanding any other provision of law, an assessment under ORS 409.800 to 409.816 and 409.900 may be imposed only in a calendar quarter for which the long term care facility reimbursement rate that is part of the Oregon Medicaid reimbursement system was calculated according to the methodology described in ORS 409.815 (4). The Department of Human Services may make retroactive increases in payments for the first six months the assessment is imposed. [2003 c.736 §29; 2007 c.780 §13]

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ORS 409.805 Requirement to maintain records; audits. (1) Each long term care facility subject to assessment under ORS 409.801 shall maintain records sufficient to determine the amount of the assessment under ORS 409.801

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ORS 409.810 Claim for refund; right to hearing. (1) A long term care facility that has paid an amount that is not required under ORS 409.800 to 409.816 and 409.900 may file a claim for refund with the Department of Human Services

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ORS 409.815 Long Term Care Facility Quality Assurance Fund established. (1) The Long Term Care Facility Quality Assurance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Long Term Care Facility Quality Assurance Fund shall be credited to the fund

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ORS 409.816 Assessments to be deposited to Long Term Care Quality Assurance Fund. Amounts collected by the Department of Human Services from the assessment under ORS 409.801 shall be deposited in the Long Term Care Facility Quality Assurance Fund established under ORS 409.815. [2003 c.736 §22; 2005 c.757 §10]

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ORS 409.900 Civil penalties for failure to report. (1) A long term care facility that fails to file a report or pay an assessment under ORS 409.801 by the date the report or payment is due shall be subject to a penalty of $500 per day of delinquency

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