Chapter 441 — Chapter 441
346 sections in this chapter.
ORS 441.233 [2013 c.603 §6; 2017 c.101 §34; 2017 c.384 §7; repealed by 2021 c.50 §1]
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[Repealed or reserved.]
ORS 441.235 [Amended by 1969 c.343 §7; repealed by 1971 c.647 §149 and 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.240 [Amended by 1959 c.69 §1; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 441.245 [Repealed by 1957 s.s. c.13 §8]
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[Repealed or reserved.]
ORS 441.250 [Repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 441.255 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.260 [Amended by 1969 c.343 §8; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.265 [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.270 [Amended by 1969 c.343 §9; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.275 [Amended by 1969 c.343 §10; repealed by 1971 c.727 §203]
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TRUSTEE OR TEMPORARY MANAGER TO ENSURE COMPLIANCE WITH CARE RULES
ORS 441.277 Definitions for ORS 441.277 to 441.323. As used in ORS 441.277 to 441.323
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(1) “Facility” means a long term care facility as defined in ORS 442.015 or a residential care facility as defined in ORS 443.400. “Facility” does not include facilities licensed, certified or otherwise authorized under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.9…
ORS 441.280 [Amended by 1969 c.343 §11; 1971 c.727 §117; renumbered 440.325]
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[Repealed or reserved.]
ORS 441.281 Petition for appointment of trustee; hearing; order. (1) The Director of Human Services may petition the circuit court for Marion County or for the county in which a facility is located for an order appointing a trustee to administer the facility for a period not to exceed 18 months
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(2) The court shall hold a hearing on a petition filed under this section within 10 days of the filing of the petition. The petition shall be placed at the head of the docket. (3) The petition and notice of the hearing shall be served on the licensee for the facility. Service at …
ORS 441.285 [Amended by 1969 c.343 §12; repealed by 1969 c.343 §28; amended by 1969 c.669 §8; 1973 c.796 §61; renumbered 440.330]
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[Repealed or reserved.]
ORS 441.286 Grounds for appointment of trustee. There are grounds for the appointment of a trustee under ORS 441.281 if a court finds that the health and welfare of patients in a facility are or in the immediate future will be in jeopardy and the finding is based on one or more of the following
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(1) Prior inspections or investigations of complaints by the Department of Human Services revealed that the facility was not in compliance with rules of the department and the department’s attempts to bring the facility into compliance are unsuccessful. (2) The health and welfare…
ORS 441.289 Powers and duties of trustee. A trustee appointed under ORS 441.281
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(1) May exercise any powers and shall perform any duties required by the court. (2) Shall operate the facility in such a manner as to protect the health and welfare of the patients. (3) Shall have the same rights to possession of the building in which the facility is located and …
ORS 441.290 [Renumbered 440.335]
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[Repealed or reserved.]
ORS 441.293 Liability to trustee for goods and services after notice; effect of nonpayment. (1) A person who is served with notice of an order of the court appointing a trustee, with the trustee’s name and address, shall be liable to pay the trustee for any goods or services provided by the trustee after the date of the order if the person would have been liable for the goods or services as supplied by the licensee. The trustee shall give a receipt for each payment and shall keep a copy of each receipt on file. The trustee shall deposit amounts received in a special account and may use this or any other similar account for disbursements
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(2) The trustee may bring an action to enforce the liability created by subsection (1) of this section. Proof of payment to the trustee is as effective in favor of the person making the payment as payment of the amount to the person who would have been entitled to receive the sum…
ORS 441.295 [Amended by 1969 c.343 §§13,27; 1969 c.344 §6; 1971 c.403 §7; renumbered 440.340]
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[Repealed or reserved.]
ORS 441.296 Liability for rent or contracts. (1) A trustee is not required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the licensee if in the judgment of the court the terms thereof are unconscionable
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(2) If the trustee is in possession of real estate or goods subject to a lease, mortgage or security interest which the trustee is permitted to avoid under subsection (1) of this section, and if the real estate or goods are necessary for the continued operation of the facility, t…
ORS 441.300 [Amended by 1969 c.343 §14; repealed by 1969 c.343 §29 and 1969 c.345 §20]
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[Repealed or reserved.]
ORS 441.301 Payment of expenses when income inadequate. If funds collected under ORS 441.289 and 441.293 are insufficient to meet the expenses of performing the powers and duties conferred on the trustee by ORS 441.277 to 441.323 or on the temporary manager pursuant to ORS 441.333, or if there are insufficient funds on hand to meet those expenses, the Department of Human Services may draw from the Facility Fund established in ORS 441.303 to pay those expenses. Moneys drawn under this section that are not applied to the expenses of the trust shall be used to reimburse the fund for advances made under this section. [1981 c.868 §7; 2009 c.539 §6]
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[Repealed or reserved.]
ORS 441.303 Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees. (1) The Facility Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of payments made by facilities to the Department of Human Services as specified in this section. Interest earned by the Facility Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the department for the purpose of paying
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(a) The reasonable expenses of a trustee appointed under ORS 441.281 if funds collected by a trustee under ORS 441.289 and 441.293 are insufficient to meet those expenses; or (b) The reasonable expenses of a temporary manager appointed under ORS 441.333 if funds collected by a te…
ORS 441.305 [Amended by 1969 c.343 §15; 1971 c.647 §79; renumbered 440.350]
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[Repealed or reserved.]
ORS 441.306 Compensation of trustee. The court shall set the compensation of the trustee. That compensation and the compensation of the employees shall be considered a necessary expense of the trust. [1981 c.868 §8]
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[Repealed or reserved.]
ORS 441.307 [1957 s.s. c.13 §7; 1969 c.343 §16; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 441.308 [Repealed by 1957 s.s. c.13 §8]
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[Repealed or reserved.]
ORS 441.309 Trustee as public employee. (1) In any action or special proceeding brought against a trustee in the trustee’s official capacity for acts committed while carrying out the powers granted and duties imposed by ORS 441.277 to 441.323, the trustee shall be considered a public employee
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(2) A trustee may be held liable in a personal capacity only for the trustee’s own gross negligence, intentional acts or breach of fiduciary duty. [1981 c.868 §9]
ORS 441.310 [Amended by 1959 c.616 §1; 1969 c.343 §17; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 441.312 License renewal of facility placed in trust. Notwithstanding other provisions of law concerning licensing of long term care facilities, a license renewal may be issued to a facility placed in trust under ORS 441.281. The duration of a license issued under this section is limited to the duration of the trust. [1981 c.868 §10; 2009 c.539 §8]
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[Repealed or reserved.]
ORS 441.315 [Amended by 1971 c.647 §80; renumbered 440.355]
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[Repealed or reserved.]
ORS 441.316 Termination of trust; extension; license revocation. (1) The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the facility have been provided with care in another facility or upon petition of the licensee if the licensee intends to discontinue the operation of or close the facility during the period of trust. The court may use its discretion in terminating a trust upon petition of the licensee to determine whether discontinuance or closure will promote the health and safety of the patients
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(2) At the expiration of the period for which the trustee was appointed, the court shall make a determination as to the future of the facility based upon evidence presented to the court. At that time the court may decide to: (a) Order the Department of Human Services to issue a n…
ORS 441.318 Trustee accounting; deficiencies; lien. (1) Within 60 days following the creation of the trust by the court, and every 60 days thereafter, and within 30 days after the termination of the trust, the trustee shall give the court and the Department of Human Services a complete accounting of all property of which the trustee has taken possession, all funds collected under ORS 441.289 and 441.293 and all expenses incurred by the trust. The trustee shall prepare and file a report with the court and the department making recommendations concerning the current condition of the facility and projections for future operation of the facility and the conditions of the health and welfare of the patients
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(2)(a) If the funds collected by the trustee under ORS 441.289 and 441.293 exceed the reasonable expenses of the trust, the court shall order payment of the surplus to the licensee after reimbursement to the department of amounts contributed from the Facility Fund established und…
ORS 441.320 [Amended by 1967 c.37 §1; 1967 c.353 §1; 1971 c.89 §1; 1971 c.727 §118; renumbered 440.360]
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[Repealed or reserved.]
ORS 441.323 Effect of trust or temporary management on prior obligations or civil or criminal liabilities. (1) Nothing in ORS 441.277 to 441.323 is intended
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(a) To relieve any licensee of the facility placed in trust under ORS 441.281 or under temporary management pursuant to ORS 441.333 of any civil or criminal liability incurred, or any duty imposed by law by reason of acts or omissions of the licensee prior to the appointment of a…
ORS 441.325 [Renumbered 440.365]
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[Repealed or reserved.]
ORS 441.330 [Renumbered 440.370]
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[Repealed or reserved.]
ORS 441.331 Definition of “facility” for ORS 441.331 to 441.341. As used in ORS 441.331 to 441.341, “facility” has the meaning given that term in ORS 441.277. [2009 c.539 §14]
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Note: 441.331 to 441.341 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 441.333 Appointment of temporary manager. (1) The Department of Human Services, with the consent of the licensee, may appoint for a period not to exceed six months a temporary manager to assume control of the day-to-day operation of the facility if the department determines that the health or safety of patients in a facility are, or in the immediate future will be, in jeopardy based upon
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(a) The facility’s unwillingness or inability to comply with department rules in the operation of the facility; (b) The imminent insolvency of the facility; (c) The department’s revocation or suspension of the license of the facility; or (d) The department’s determination that th…
ORS 441.335 [Amended by 1963 c.9 §25; 1969 c.343 §18; renumbered 440.375]
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[Repealed or reserved.]
ORS 441.336 Accounting by temporary manager; deficiencies; lien. (1) Within 30 days following the appointment of a temporary manager under ORS 441.333, and every 30 days thereafter and within 30 days after the termination of the period of temporary management, the temporary manager shall give the Department of Human Services and the licensee a complete accounting of all property that the temporary manager has taken possession, all funds collected and all expenses incurred by the temporary manager on behalf of the facility and the expenditure of any funds withdrawn from the Facility Fund established under ORS 441.303 to pay those expenses
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(2) If a facility’s income or assets are insufficient to meet the expenses of a temporary manager in the operation of the facility, the department may withdraw funds from the Facility Fund established under ORS 441.303 to pay those expenses. (3) If the department withdraws funds …
ORS 441.338 Temporary manager as agent of state agency. In any action or proceeding brought against a temporary manager in the temporary manager’s official capacity for acts committed while carrying out the powers and duties authorized by the Department of Human Services by rule or as agreed upon between the department and the licensee, the temporary manager shall be considered an agent of the department under ORS 30.260 to 30.300. [2009 c.539 §17]
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Note: See note under 441.331.
ORS 441.340 [Repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 441.341 Rules. The Department of Human Services shall adopt rules necessary to implement ORS 441.331 to 441.341, including but not limited to the criteria for the appointment of a temporary manager of a facility, the qualifications of a temporary manager and the powers and duties of a temporary manager. [2009 c.539 §18]
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Note: See note under 441.331.
ORS 441.345 [Amended by 1969 c.2 §1; 1969 c.343 §19; 1969 c.694 §7; 1971 c.36 §4; renumbered 440.380]
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[Repealed or reserved.]
ORS 441.350 [Amended by 1969 c.343 §20; renumbered 440.385]
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[Repealed or reserved.]
ORS 441.355 [Renumbered 440.390]
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MOVES FROM LONG TERM CARE FACILITIES AND RESIDENTIAL CARE FACILITIES
ORS 441.357 Definitions for ORS 441.357 to 441.367. As used in ORS 441.357 to 441.367
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(1) “Informed written consent” means voluntary consent in writing given after receipt and understanding of a written statement of a resident’s rights under ORS 441.362 (1) to (5). (2) “Long term care facility” means any long term care facility as defined in ORS 442.015. (3) “Move…
ORS 441.360 [Amended by 1963 c.9 §26; 1969 c.694 §8; renumbered 440.395]
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[Repealed or reserved.]
ORS 441.362 Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent. (1) The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a long term care facility without providing 30 days’ written notice to the resident of the reasons for the move or termination of payment, the resident’s right to a hearing in accordance with ORS chapter 183 and the grounds for contesting the move or termination of payment
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(2) Written notice in accordance with this section shall be provided by the department in all moves, including situations where the resident requests or initiates the move. (3) The request for hearing must be made to the department within 10 days of the service or delivery of the…