Chapter 441 — Chapter 441
346 sections in this chapter.
ORS 441.365 [Amended by 1961 c.396 §1; 1969 c.343 §20a; 1969 c.694 §9; 1971 c.36 §5; 1973 c.284 §3; renumbered 440.400]
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[Repealed or reserved.]
ORS 441.367 Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty. (1) The Department of Human Services by rule shall require long term care facilities licensed under ORS 441.020 to provide written and oral notice before or at the time of admission to any resident who does not receive medical assistance under ORS chapter 414, specifying
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(a) The base daily rate and any additional expenses reasonably to be expected including medical supplies, pharmacy and doctor visits and the charges for incontinency care, feeding and laundry; and (b) The long term care facility’s policy regarding residents who become unable to p…
ORS 441.370 [Amended by 1969 c.343 §21; renumbered 440.405]
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[Repealed or reserved.]
ORS 441.373 Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime. (1) As used in this section
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(a) “Adult foster home” has the meaning given that term in ORS 443.705. (b) “Area agency” has the meaning given that term in ORS 410.040. (c) “Long term care facility” has the meaning given that term in ORS 442.015. (d) “Move from a long term care facility” has the meaning given …
ORS 441.375 [Amended by 1973 c.284 §4; renumbered 440.410]
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[Repealed or reserved.]
ORS 441.380 [Amended by 1969 c.343 §22; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.385 [Amended by 1969 c.343 §23; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.390 [Amended by 1969 c.343 §24; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.395 [Subsection (2) enacted as 1957 c.584 §1; repealed by 1969 c.343 §30]
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[Repealed or reserved.]
ORS 441.400 [Amended by 1969 c.343 §25; repealed by 1971 c.727 §203]
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LONG TERM CARE OMBUDSMAN
ORS 441.402 Definitions for ORS 441.402 to 441.419. As used in ORS 441.402 to 441.419
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(1) “Administrative action” means any action, inaction or decision made by an owner, employee or agent of a long term care facility or by a public agency that affects the services to residents of long term care facilities. (2) “Designee” means an individual appointed by the Long …
ORS 441.403 Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications. (1) The office of the Long Term Care Ombudsman is established. The Long Term Care Ombudsman shall function separately and independently from any other state agency. The Governor shall appoint the Long Term Care Ombudsman for a four-year term from a list of three nominees nominated by the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416. The appointment of the Long Term Care Ombudsman is subject to Senate confirmation under ORS 171.562 and 171.565. A vacancy shall be filled within 60 days in the same manner as an appointment is made
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(2) The Long Term Care Ombudsman may be removed for just cause, upon recommendation to the Governor by the Residential Ombudsman and Public Guardianship Advisory Board. (3) The Long Term Care Ombudsman shall have background and experience in the following areas: (a) The fields of…
ORS 441.404 Funding of office. The funding for the office of the Long Term Care Ombudsman shall include at least one percent of Title III(B) of the Older Americans Act (Public Law 89-73) funding received by this state. [Formerly 441.107]
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[Repealed or reserved.]
ORS 441.405 [Amended by 1969 c.343 §26; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.406 Duties of ombudsman; rules. (1) The Long Term Care Ombudsman shall carry out the following duties
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(a) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documenta…
ORS 441.407 Procedures to maintain confidentiality. The Long Term Care Ombudsman shall establish procedures to maintain the confidentiality of the records and files of residents of long term care facilities. These procedures must meet the following requirements
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(1) The ombudsman or a designee may not disclose the identity of any resident unless the complainant or the resident, or the legal representative of either, consents in writing to the disclosure and specifies to whom the disclosure may be made. (2) The identity of any complainant…
ORS 441.408 Right of entry into facilities and access to records. (1) The Long Term Care Ombudsman and each designee shall have the right of entry into long term care facilities at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of
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(a) Investigating and resolving complaints made by residents or made on their behalf; (b) Interviewing residents, with their consent, in private; (c) Offering the services of the ombudsman or the designee to any resident, in private; (d) Interviewing employees or agents of the fa…
ORS 441.409 Report after investigation; referral to other agencies. (1) Following an investigation, the Long Term Care Ombudsman or the designee shall report opinions or recommendations to the party or parties affected and, if appropriate, shall attempt to resolve the complaint using informal techniques of mediation, conciliation and persuasion. Complaints of conditions adversely affecting residents of long term care facilities, or complaints of conditions threatening the safety or well-being of residents that cannot be resolved in the manner described in this section, shall be referred to an appropriate state agency
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(2) Programs that promote the safety or emotional or physical well-being of residents of long term care facilities shall be promoted and publicized by the ombudsman and the designees. [Formerly 441.121; 2017 c.441 §15]
ORS 441.410 [Repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.411 Notice of complaint procedures; posting. (1) The Long Term Care Ombudsman shall prepare and distribute to each long term care facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and local designee, if any, and a poster describing the Long Term Care Ombudsman Program and providing contact information
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(2) The administrator of each long term care facility shall post the written notice and poster required by this section in conspicuous places in the facility in accordance with procedures provided by the ombudsman and shall give the written notice to each resident and legally app…
ORS 441.412 Immunity of employees. (1) Any employee or agent of a long term care facility acting in good faith in discussing resident care pursuant to ORS 441.408 shall have immunity from any civil liability that might otherwise be incurred or imposed with respect to the making of such report
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(2) Any employee or agent who makes a report pursuant to ORS 441.408 may not be subjected to any retaliation by any official or other employee of a long term care facility solely for making a report, including but not limited to restriction of otherwise lawful access to the facil…
ORS 441.413 Appointment of designees; qualifications; duties. (1) The Long Term Care Ombudsman shall appoint designees, in consultation with local screening committees that are appointed by and serve at the pleasure of the ombudsman, that may consist of but not be limited to persons representing
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(a) The area agency, as defined in ORS 410.040. (b) The local office of the Department of Human Services. (c) The local health department. (d) Senior citizens groups in the area. (e) Local elected officials. (2) To be appointed as a designee, a person must complete an initial tra…
ORS 441.414 Effect of ORS 441.402 to 441.419 on right to visitors. Nothing in ORS 441.402 to 441.419 shall affect the right of residents of a long term care facility to see visitors of their choice. [Formerly 441.133; 2017 c.441 §19]
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[Repealed or reserved.]
ORS 441.415 [1973 c.837 §2; 1977 c.751 §40; renumbered 442.400]
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[Repealed or reserved.]
ORS 441.416 Residential Ombudsman and Public Guardianship Advisory Board; appointment; confirmation; term; qualifications. (1) There is established a Residential Ombudsman and Public Guardianship Advisory Board of 11 members to be appointed in the following manner
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(a) One person appointed by the Speaker of the House of Representatives; (b) One person appointed by the President of the Senate; (c) One person appointed by the House Minority Leader; (d) One person appointed by the Senate Minority Leader; (e) One person appointed by the Governo…
ORS 441.417 Duties. The Residential Ombudsman and Public Guardianship Advisory Board shall
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(1) Monitor the Long Term Care Ombudsman Program. (2) Advise the Governor and the Legislative Assembly on the Long Term Care Ombudsman Program. (3) Nominate, after interviews and according to prescribed criteria, three persons to fill the Long Term Care Ombudsman position or to f…
ORS 441.418 Appeal to Residential Ombudsman and Public Guardianship Advisory Board. (1) A residential facility as defined in ORS 443.380 or a long term care facility that files a complaint against a designee appointed under ORS 441.413 and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsman’s action to a panel of the Residential Ombudsman and Public Guardianship Advisory Board
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(2) The board on its own motion may review any action by the ombudsman appealable under this section. The review shall provide an opportunity for written and oral presentation by the residential facility as defined in ORS 443.380 or a long term care facility and the ombudsman. Th…
ORS 441.419 Long Term Care Ombudsman Account. The Long Term Care Ombudsman Account is established in the State Treasury, separate and distinct from the General Fund. All miscellaneous receipts, gifts and federal and other grants received by the Long Term Care Ombudsman shall be deposited into the Long Term Care Ombudsman Account and are continuously appropriated to the Long Term Care Ombudsman for carrying out the responsibilities of the office of the Long Term Care Ombudsman. [Formerly 441.153; 2017 c.310 §11; 2017 c.441 §23]
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[Repealed or reserved.]
ORS 441.420 [1973 c.837 §1; 1977 c.751 §41; renumbered 442.405]
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[Repealed or reserved.]
ORS 441.425 [1973 c.837 §3; repealed by 1977 c.751 §57]
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[Repealed or reserved.]
ORS 441.427 Training on caring for LGBTQIA2S+ residents and residents living with HIV. The Long Term Care Ombudsman, the deputy ombudsmen and their designees shall complete a training meeting the requirements of ORS 441.116 (1) and (2) within 12 months of appointment and every two years thereafter. Training provided subsequent to the initial training of the Long Term Care Ombudsman, the deputy ombudsmen and their designees must include, at a minimum, refresher courses on the topics described in ORS 441.116 (2)(b) and (d). [2023 c.567 §9]
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Note: 441.427 was enacted into law by the Legislative Assembly but was 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 441.430 [1973 c.837 §4; repealed by 1977 c.751 §57]
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[Repealed or reserved.]
ORS 441.435 [1973 c.837 §6; 1977 c.751 §42; renumbered 442.420]
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[Repealed or reserved.]
ORS 441.440 [1973 c.837 §7; renumbered 442.425]
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[Repealed or reserved.]
ORS 441.445 [1973 c.837 §8; renumbered 442.430]
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[Repealed or reserved.]
ORS 441.460 [1973 c.837 §9; 1977 c.751 §43; renumbered 442.435]
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[Repealed or reserved.]
ORS 441.465 [1973 c.837 §10; renumbered 442.440]
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[Repealed or reserved.]
ORS 441.470 [1973 c.837 §11; repealed by 1977 c.751 §57]
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[Repealed or reserved.]
ORS 441.475 [1973 c.837 §5; repealed by 1977 c.751 §57]
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[Repealed or reserved.]
ORS 441.480 [1973 c.837 §12; renumbered 442.445]
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[Repealed or reserved.]
ORS 441.505 [Subsection (2) enacted as 1957 c.584 §2; 1967 c.498 §5; renumbered 440.505]
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[Repealed or reserved.]
ORS 441.510 [Renumbered 441.810]
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[Repealed or reserved.]
ORS 441.515 [1971 c.166 §1; renumbered 441.815]
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FINANCING OF HEALTH CARE SERVICES AND FACILITIES CONSTRUCTION
ORS 441.525 Definitions for ORS 441.525 to 441.595. As used in ORS 441.525 to 441.595, unless the context requires otherwise
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(1) “Adult congregate living facility” means any institution, building or buildings, residential facility for elderly individuals or individuals with disabilities, or other place, operated as a nonprofit corporation that undertakes through its ownership or management to provide h…
ORS 441.530 Policy. In order to provide the people of Oregon with access to adequate medical care and hospital facilities, the Legislative Assembly finds that it is necessary and desirable to authorize the creation in the several counties and cities of public authorities having the power to acquire, own, lease, sell and otherwise dispose of hospital facilities, and to authorize municipalities which create authorities to utilize those authorities to issue bonds and other obligations on behalf of such municipalities in order that the municipalities may provide hospital facilities. [1973 c.153 §1; 1977 c.201 §2]
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[Repealed or reserved.]
ORS 441.532 Municipalities authorized to create authority; issuance of obligations; conditions; purpose of authority. Only a municipality may create an authority. Such a municipality may utilize an authority to issue obligations on behalf of the municipality in order to provide hospital facilities for the people of the municipality. No authority shall issue obligations on behalf of more than one municipality. An authority shall not be created or continued in existence for any purpose other than to provide hospital facilities as provided in ORS 441.525 to 441.595. [1977 c.201 §3]
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[Repealed or reserved.]
ORS 441.535 Procedure to create public authority. (1) A governing body may upon its own motion, and shall upon the written request of any three or more natural persons, consider whether it is advisable to create a public authority for the purpose of providing hospital facilities
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(2) If the governing body, after public hearing according to its rules, determines that it is wise and desirable to create in a public authority the power and duties set forth in ORS 441.525 to 441.595, it shall by ordinance or resolution establish such an authority. The ordinanc…
ORS 441.540 Board of directors; rules; conflict of interest; quorum; personnel. (1) An authority shall be managed and controlled by a board of directors, who shall be appointed by the governing body. The directors may be removed for cause or at the will of the governing body. The directors shall serve without compensation. However, the authority may reimburse the directors for their expenses incurred in the performance of their duties
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(2) The board of directors shall adopt and may amend rules for calling and conducting its meetings and carrying out its business and may adopt an official seal. All decisions of the board shall be by motion or resolution and shall be recorded in the board’s minute book which shal…
ORS 441.545 Authority may not levy taxes. An authority shall not have the right or power to levy taxes or to operate a hospital facility. [1973 c.153 §5]
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[Repealed or reserved.]
ORS 441.550 General powers. Except as otherwise provided in ORS 441.545, an authority shall have all powers necessary to accomplish the purpose of providing hospital facilities for the people of Oregon, including without limitation the power
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(1) To sue and be sued in its own name. (2) To acquire by purchase, construction, exchange, gift, lease, or otherwise, and to improve, extend, maintain, equip and furnish hospital facilities, which hospital facilities may be either within or without the corporate limits of the mu…