Chapter 443 — Chapter 443

ORS 443.327 Injunctive relief; attorney fees and costs; notice to clients. (1) Notwithstanding the existence and pursuit of any other remedy, the Oregon Health Authority may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of an in-home care agency without a license. The authority may recover attorney fees and court costs for any such action

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ORS 443.330 [1953 c.659 §15; 1973 c.285 §18; repealed by 1977 c.717 §23]

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ORS 443.335 [1971 c.734 §60; repealed by 1977 c.717 §23]

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ORS 443.340 Rules. The Oregon Health Authority shall adopt administrative rules necessary for the implementation and administration of ORS 443.305 to 443.350. These rules shall include, but are not limited to, a requirement that an in-home care agency must conduct criminal background checks on all individuals employed by or contracting with the agency as in-home caregivers. [1999 c.1034 §4; 2001 c.900 §182; 2009 c.595 §776d]

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ORS 443.345 Disposition of moneys. All moneys received pursuant to ORS 443.315, 443.325 and 443.327 shall be deposited in the State Treasury and credited to an account designated by the Oregon Health Authority. Such moneys are continuously appropriated to the authority for the administration of ORS 443.305 to 443.350. [1999 c.1034 §5; 2007 c.897 §5; 2009 c.595 §776e]

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ORS 443.350 Applicability. The provisions of ORS 443.305 to 443.350 do not apply to organizations licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725, 443.860 or 443.886. [1999 c.1034 §6]

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ORS 443.355 [2009 c.792 §19; 2009 c.792 §67; 2011 c.70 §17; 2023 c.199 §2; renumbered 443.013 in 2023]

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ORS 443.360 Agency with choice services; license required; rules; penalties. (1) As used in this section

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ORS 443.370 Definitions for ORS 443.370 to 443.376. As used in ORS 443.370 to 443.376

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ORS 443.373 Registration to provide long term care referrals; rules; fee. (1) A person may not provide a long term care referral unless the person is registered with the Department of Human Services under this section

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ORS 443.376 Duties of referral agents; violation as unlawful practice. (1) Before providing a long term care referral, a referral agent shall provide the client with a disclosure. The disclosure may be made orally if the referral agent makes an audio recording of the disclosure with consent of the client and thereafter provides the client with a written disclosure. The written disclosure must be conspicuous, provided in clear language and include

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ORS 443.378 Housing with services projects. (1) As used in this section

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ORS 443.380 Definitions for ORS 443.380 to 443.394. As used in ORS 443.380 to 443.394

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ORS 443.382 Residential Facilities Ombudsman; duties. (1) The Long Term Care Ombudsman, in consultation with the Residential Ombudsman and Public Guardianship Advisory Board established under ORS 441.416, shall appoint a Residential Facilities Ombudsman for a four-year term. The Residential Facilities Ombudsman serves at the pleasure of the Long Term Care Ombudsman and may be removed by the Long Term Care Ombudsman for cause. The Long Term Care Ombudsman shall fill any vacancy within 60 days. The salary of the Residential Facilities Ombudsman shall be determined by the Long Term Care Ombudsman. The Residential Facilities Ombudsman shall be reimbursed for all reasonable travel and other expenses incurred in the performance of the ombudsman’s official duties

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ORS 443.384 Agencies to provide information and support. (1) The Oregon Health Authority, the Department of Human Services and the Residential Facilities Ombudsman shall agree to a format for the authority and the department to provide monthly to the ombudsman updated demographic and licensing information regarding each residential facility for which the Residential Facilities Ombudsman has responsibilities under this section

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ORS 443.386 Designees of ombudsman; training; contract. (1) The Residential Facilities Ombudsman shall, in consultation with the Long Term Care Ombudsman, appoint designees to serve as representatives of the ombudsman in local communities. The ombudsman shall regularly monitor the functions of designees

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ORS 443.388 Authority of ombudsman and designees; confidentiality agreements. (1) The Residential Facilities Ombudsman and each designee shall

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ORS 443.390 Complaints. (1) If a complaint is made on behalf of a resident who has limited or no decision-making capacity and is unable to communicate consent for the Residential Facilities Ombudsman to investigate the complaint, and

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ORS 443.392 Notice of complaint procedures; posting requirement. (1) The Residential Facilities Ombudsman shall prepare and distribute to each residential 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 designee, if any, and a poster describing the Residential Facilities Ombudsman Program and providing contact information. The Department of Human Services shall facilitate the distribution of information regarding the Residential Facilities Ombudsman Program to residents, providers and the public

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ORS 443.394 Procedures to maintain confidentiality. (1)(a) As used in this section, “authorized representative” means an individual who

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ORS 443.396 Gifts, grants and donations. The Residential Facilities Ombudsman appointed under ORS 443.382 may solicit and accept gifts, grants and donations from public and private sources for the purpose of carrying out ORS 443.380 to 443.394 and the moneys shall be deposited in the Long Term Care Ombudsman Account established under ORS 441.419. [2017 c.441 §9]

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ORS 443.400 Definitions for ORS 443.400 to 443.455. As used in ORS 443.400 to 443.455 and 443.991, unless the context requires otherwise

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ORS 443.405 Exclusions from definition of “residential facility.” For purposes of ORS 443.400 to 443.455 and 443.991, “residential facility” does not include

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ORS 443.410 Single license required. (1) A license issued by the Department of Human Services is required in order to operate or maintain a residential care facility, residential training facility or residential training home

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ORS 443.415 License applications; fee; investigations; grounds for issuance and denial of license. (1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services or the Oregon Health Authority on forms provided for that purpose by the appropriate licensing agency and shall include the facility’s proposed policies and procedures regarding staff and administrator training, service planning, medication administration, food preparation and distribution, safety, emergency response and facility closure

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ORS 443.416 Inspection of facilities. (1)(a) The Director of Human Services or authorized representative shall visit and inspect every residential care facility, residential training facility or residential training home to determine whether it is maintained and operated in accordance with ORS 443.002 and 443.400 to 443.455 and the rules of the director, and to consult with and advise management concerning methods of care, treatment, training, records, housing and equipment. Employees of the Department of Human Services and the State Fire Marshal or authorized representative on request shall be permitted access to the premises and records of individuals in the facility or home that are pertinent to fire safety

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ORS 443.417 Annual kitchen inspection; fees. (1) The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The inspection must be conducted by an individual who has training and expertise in food sanitation. For an inspection not conducted as part of a legally required survey, the department may charge the inspected facility a fee of up to $200

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ORS 443.419 License revocations, suspensions or conditions; rules. (1) The Department of Human Services or the Oregon Health Authority may revoke, suspend or impose conditions on the license of any residential training facility or residential training home based on criteria adopted by the licensing agency by rule, including but not limited to when

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ORS 443.420 Qualifications for license; rules. (1) As used in this section, “substantial compliance” has the meaning given that term in ORS 443.436

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ORS 443.421 Revocation and suspension of licenses; procedure. (1) Except as provided in subsection (2) of this section, the Department of Human Services or the Oregon Health Authority may revoke or suspend the license of any residential care facility that is not operated in accordance with ORS 443.002 or 443.400 to 443.455 or the rules of the licensing agency. Such revocation or suspension must be taken in accordance with rules of the licensing agency and ORS chapter 183. However, in cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately pending a fair hearing not later than the 10th day after such suspension

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ORS 443.422 Siting of licensed residential facilities. (1) To prevent the perpetuation of segregated housing patterns, the Department of Human Services, in consultation with the Oregon Health Authority, shall determine the location and type of licensed residential facilities and the location of facilities subject to the provisions of ORS 169.690

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ORS 443.424 Expansion of capacity of residential care facilities and adult foster homes; reports to Legislative Assembly. (1) The Department of Human Services, in cooperation with representatives of residential facilities and adult foster homes, shall

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ORS 443.425 License term; contents; renewal; fee. (1) Licensure under ORS 443.415 is effective for two years from the date of issue unless sooner revoked. Each license shall state

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ORS 443.427 Exceptions to licensing requirements. (1) The Department of Human Services may not grant a residential care facility’s request for an exception to the requirements of ORS 443.400 to 443.455 or any other statutory licensing requirements, unless expressly authorized by statute to grant an exception or to temporarily modify a licensing requirement due to a declaration of a state of emergency

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ORS 443.430 Transferability of license; disposition of license fees. (1) A license under ORS 443.415 is not transferable or applicable to any location, residential facility or management other than that indicated on the application for licensure

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ORS 443.431 Conversion facilities; fee; rules. (1) A facility that is licensed as a long term care facility under ORS 441.025 may apply to the Department of Human Services for licensure as a conversion facility. The department shall issue a conversion facility license upon receipt of an application and a fee that meet requirements established by the department by rule

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ORS 443.432 Acuity-based staffing tool. (1) The Department of Human Services shall develop or obtain, maintain and use, in collaboration with residential care facilities, an objective, technology-based, acuity-based staffing tool. The department may use the tool to

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ORS 443.433 Direct care staff training in dementia care; rules. (1) In addition to any other training required by law, all direct care staff employed by a residential care facility shall, prior to providing direct care to residents of the facility, complete training in dementia care that includes

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ORS 443.434 Staffing data. A residential training facility or residential training home licensed by the Department of Human Services shall submit annual staffing data to a nationally standardized reporting survey organization specified by the Department of Human Services. The department shall obtain state-specific data from the nationally standardized reporting survey organization, disaggregated by provider. [2017 c.707 §3]

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ORS 443.435 [1977 c.717 §11; 2005 c.22 §309; 2009 c.595 §785; renumbered 443.416 in 2019]

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ORS 443.436 Enhanced oversight and supervision program. (1) As used in this section

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ORS 443.437 [1983 c.328 §4; 2007 c.71 §133; renumbered 443.448 in 2021]

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ORS 443.438 [2017 c.679 §27; renumbered 443.449 in 2021]

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ORS 443.439 Increases in compensation of direct support professionals; legislative intent. It is the intent of the Legislative Assembly that, when the Legislative Assembly approves increases in funding of services provided by residential training facilities or residential training homes, wages and health benefits paid to direct support professionals in the residential training facilities or residential training homes be increased at a comparable rate. [2017 c.707 §2]

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ORS 443.440 [1977 c.717 §12; 2005 c.22 §310; 2009 c.595 §786; 2009 c.828 §32; 2017 c.679 §26; renumbered 443.421 in 2019]

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ORS 443.441 Assessment of sufficient numbers of direct care staff; complaint investigations. (1) As used in this section

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ORS 443.443 Information provided upon application for admission. (1) A residential care facility, which includes an assisted living facility, shall provide, at a minimum, the following information to an individual or any person acting on behalf of the individual at the time the individual applies for admission to the residential care facility and upon request

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ORS 443.444 Information provided upon admission; designated contact persons. Upon the admission of a resident to a residential care facility

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ORS 443.445 Persons admissible at facilities and homes; transfer of persons requiring certain treatment; operation of facilities by persons relying on spiritual means for healing. (1) A residential facility may not admit individuals who require continuous nursing care except as provided in subsection (3) of this section

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ORS 443.446 Residential Care Quality Measurement Program. (1) The Residential Care Quality Measurement Program is established in the Department of Human Services. Under the program, the department shall, no later than July 1 of each year, publish an annual report, based on data reported by each residential care facility under subsection (2) of this section. Excluding data that identifies a resident, the report must include data compilation, illustration and narratives to

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