Chapter 443 — Chapter 443

ORS 443.767 Investigation of complaint; rules. (1) When the licensing agency receives a complaint that alleges that a resident of a licensed adult foster home has been injured, abused or neglected, and that the resident’s health or safety is in imminent danger, or that the resident has died or been hospitalized, the investigation shall begin immediately after the complaint is received. If the investigator determines that the complaint is substantiated, the licensing agency shall take appropriate corrective action immediately

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ORS 443.769 Public disclosure of investigatory information. (1) When the Department of Human Services or a type B area agency on aging discloses a file, form or report to the public pursuant to ORS 443.740, 443.765 or 443.767, the department or agency may not disclose information about residents that is protected from disclosure by state or federal law or information that is described in subsection (2) of this section unless the resident has provided a written authorization for disclosure of the information

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ORS 443.775 Rules; level of care; exception to limit on residents with nursing care needs; reports on exceptions; provider duties; enforcement; civil penalties. (1) The licensing agency shall adopt rules governing adult foster homes and the level of care provided in such homes, including the provision of care to more than one person with nursing care needs under specified conditions and agency approval, such as are necessary to protect the health, safety or welfare of the residents and to provide for an appropriate continuum of care, but shall not be inconsistent with the residential nature of the living accommodations and the family atmosphere of the home. The rules shall be consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150

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ORS 443.777 Prescription drug packaging. (1) An adult foster home licensed by the Department of Human Services shall ensure that prescription drugs dispensed to residents of the adult foster home are packaged in a manner that reduces errors in the tracking of and the administration of the drugs, including but not limited to the use of unit dose systems or blister packs

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ORS 443.780 Exemption where county has licensing and inspection program. (1) The director of the licensing agency may exempt from the license, inspection and fee provisions of ORS 443.705 to 443.825 adult foster homes in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds are equal to or superior to the requirements of ORS 443.705 to 443.825

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ORS 443.785 Admission of Medicaid recipients. The licensing agency may not require an adult foster home that elects to provide care for a Medicaid recipient to admit an additional Medicaid resident under a contract with the agency. [1999 c.204 §2; 2009 c.595 §791q]

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ORS 443.790 Authority to impose civil penalty; factors to be considered; rules. (1) In addition to any other liability or penalty provided by law, the director of the licensing agency may impose a civil penalty on a person for any of the following

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ORS 443.795 Civil penalty; notice; hearing. (1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745

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ORS 443.805 [1987 c.431 §7; repealed by 1991 c.734 §122]

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ORS 443.815 Judicial review of penalties. Judicial review of civil penalties imposed under ORS 443.790 shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1987 c.431 §8]

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ORS 443.825 Disposition of penalties recovered. All penalties recovered under ORS 443.790 to 443.815 shall be deposited

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ORS 443.830 Definitions for ORS 443.830 and 443.835. As used in this section and ORS 443.835

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ORS 443.835 Certificate required; rules. (1) A person may not operate a developmental disability child foster home without having a certificate issued by the Department of Human Services

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ORS 443.836 Department of Human Services approval required for parent or guardian of resident to attend resident or for residents 18 to 26 years of age to continue to reside in developmental disability child foster home; rules. (1) As used in this section

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ORS 443.850 Definitions for ORS 443.850 to 443.869. As used in ORS 443.850 to 443.869

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ORS 443.860 License required; rules; fees. (1) A person may not establish, conduct or maintain a hospice program providing hospice services, or hold itself out to the public as a hospice program, without obtaining a license from the Oregon Health Authority

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ORS 443.861 Moneys to be deposited to Public Health Account. All moneys received by the Oregon Health Authority under ORS 443.860 shall be paid into the State Treasury and deposited to the credit of the Public Health Account established in ORS 431.210. The moneys shall be used by the authority in carrying out its duties under ORS 443.850 to 443.869. [2009 c.793 §4; 2011 c.720 §202]

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ORS 443.864 Suspension, revocation or denial of license. The Oregon Health Authority may suspend, revoke or refuse to renew the license of a hospice program for failure to comply with ORS 443.860 or with rules adopted pursuant to ORS 443.860. [2009 c.793 §3; 2011 c.720 §203]

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ORS 443.865 [1993 c.110 §2; 2009 c.595 §792; repealed by 2009 c.793 §7]

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ORS 443.867 In-home care agency license not required for licensed hospice program to provide palliative care. Notwithstanding ORS 443.305 to 443.350 requiring an in-home care agency to obtain a license to provide services that are necessary to assist an individual in meeting the individual’s daily needs but are not curative or rehabilitative, a hospice program licensed under ORS 443.860 is not required to be licensed as an in-home care agency under ORS 443.315 to provide palliative care, as defined by the Oregon Health Authority by rule. [2019 c.238 §2]

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ORS 443.869 Civil penalties. In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following

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ORS 443.870 [1987 c.398 §4; 1993 c.110 §4; 2007 c.474 §3; 2009 c.595 §793; repealed by 2009 c.793 §7]

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ORS 443.875 Notice of substantiated abuse. (1) If the Department of Human Services or the Oregon Health Authority substantiates an allegation of abuse that occurred in a facility, the department or authority shall immediately notify the facility of its findings

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ORS 443.878 Psychotropic medications; rules. (1) As used in this section

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ORS 443.880 Responsibilities of residential facility regarding property of resident. (1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority to manage, use or dispose of any property of the resident, or any authority or responsibility for the personal affairs of the person, except as may be necessary for the safety and orderly management of the facility and as may be required by this section

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ORS 443.881 Transfer of property; undue influence. (1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the facility to deliver to the owner, employee or administrator any funds or property of the resident by the exercise of undue influence

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ORS 443.885 [1991 c.416 §1; 2003 c.14 §265; repealed by 2017 c.679 §46]

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ORS 443.886 Memory care endorsement required; standards; fees; rules. (1) If a facility intends to provide care for residents with Alzheimer’s disease or other forms of dementia by means of an endorsed memory care community, the facility must obtain a memory care endorsement on its license or registration

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ORS 443.887 Definitions. As used in this section and ORS 443.886 and 443.889

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ORS 443.888 [1999 c.476 §4; 2005 c.688 §6; renumbered 443.895 in 2021]

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ORS 443.889 Use of acuity-based staffing tool; assessment of staffing levels; fines, penalties or conditions; rules. (1) The Department of Human Services shall adopt rules

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ORS 443.890 Independent family councils. (1) As used in this section

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ORS 443.895 Exemption from ad valorem property taxation for certain facilities; certification. (1)(a) The owner of a long term care facility seeking to have the facility be exempt from ad valorem property taxation under ORS 307.811 shall apply to the Department of Human Services for certification of the facility as an essential community provider long term care facility

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ORS 443.990 [Subsection (2) enacted as 1953 c.659 §14; 1969 c.641 §17; repealed by 1977 c.717 §23]

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ORS 443.991 Penalties. (1) Violation of ORS 443.015 is punishable as a Class C misdemeanor

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