Title 36, Public Health and Safety

The Quality Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Quality Care Fund shall be credited to the Quality Care Fund. Moneys in the fund are continuously appropriated to the Department of Human Services and t…

(1) As used in this section: (a) “Facility” means: (A) A residential training facility as defined in ORS 443.400; (B) A residential training home as defined in ORS 443.400; (C) A residential treatment facility as defined in ORS 443.400; (D) A residential treatment home as defined…

(1)(a) The Department of Human Services or the Oregon Health Authority shall complete a criminal records check under ORS 181A.195 on: (A) An employee of a residential facility or an adult foster home; (B) Any individual who is paid directly or indirectly with public funds who has…

(1) As used in this section: (a) “Care” has the meaning given that term in ORS 181A.200. (b) “Facility” means: (A) A long term care facility as defined in ORS 442.015; (B) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facil…

(1) As used in this section: (a) “Abuse” has the meaning given that term in ORS 430.735. (b) “Facility” means: (A) A residential training facility as defined in ORS 443.400; or (B) A residential training home as defined in ORS 443.400. (c) “Subject individual” has the meaning giv…

(1) As used in this section: (a) “Direct care services” means services provided to clients of the Department of Human Services or the Oregon Health Authority by: (A) An adult foster home, as defined in ORS 443.705; (B) A home care worker, as defined in ORS 410.600; (C) A resident…

(1) The Oregon Health Authority shall establish by rule training requirements that must be met before an individual may be permitted to provide in-home care services, as defined in ORS 443.305. The training requirements must include a minimum number of hours of orientation and as…

(1) As used in this section and ORS 443.417: (a) “Disease outbreak” has the meaning given that term in ORS 431A.005. (b) “Facility” means: (A) A long term care facility, as defined in ORS 442.015; (B) A conversion facility, as defined in ORS 443.400; and (C) A residential care fa…

(1) As used in this section: (a) “Caregiver registry” has the meaning given that term in ORS 443.014. (b) “Home health agency” has the meaning given that term in ORS 443.014. (c) “Hospice program” has the meaning given that term in ORS 443.850. (d) “In-home care agency” has the m…

As used in ORS 443.014 to 443.105: (1) “Caregiver registry” means a person that prequalifies, establishes and maintains a roster of qualified private contractor caregivers that is provided to a client or the client’s representative for consideration in the hiring of an individual…

A person may not establish a home health agency or organization providing home health services for compensation, or purport to manage or operate a home health agency or organization, without first obtaining a license from the Oregon Health Authority. The license shall be renewabl…

(1) The Oregon Health Authority shall conduct an in-person site inspection of a home health agency and a caregiver registry prior to licensure and at least once every three years thereafter. (2) In lieu of an in-person site inspection, the authority may accept a certification or …

A hospital licensed under ORS 441.015 may provide home health services without maintaining a separate governing body and administrative staff so long as the services provided meet the requirements of ORS 443.014 to 443.105 and the hospital pays the home health licensing fee under…

(1) The Oregon Health Authority may grant a license to a home health agency or caregiver registry for a calendar year, may annually renew a license and may allow for a change of ownership, upon payment of a fee as follows: (a) $4,000 for a new home health agency license. (b) $2,1…

(1) The Oregon Health Authority may deny, suspend or revoke the license of, or assess a civil penalty against, any individual, home health agency or caregiver registry for failure to comply with ORS 443.004 or 443.014 to 443.105, or with the rules of the authority as authorized b…

A home health agency shall have an organized governing body, or, if a subdivision of a public or private agency or a multifunction organization, a clearly defined local body having responsibility for the conduct of the home health agency. Where the governing body is functionally …

A home health agency licensed in this state shall: (1) Be primarily engaged in providing skilled nursing services and at least one other service delineated in ORS 443.075 (1)(b) and (c); (2) Have policies established by professional personnel associated with the agency or organiz…

(1) A home health agency must have an order for treatment, plan of treatment or plan of care from a physician, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.…

The Oregon Health Authority shall adopt rules to implement ORS 443.014 to 443.105 including, but not limited to: (1) The qualifications of professional and ancillary personnel in order to adequately furnish home health services; (2) Standards for the organization and quality of c…

(1) Notwithstanding ORS 443.305 to 443.350, a home health agency licensed under ORS 443.015 that provides personal care services that are necessary to assist an individual in meeting the individual’s daily needs, but do not include curative or rehabilitative services, is not requ…

No provision of ORS 443.014 to 443.105 shall be construed to prevent repair or domestic services by any person. [1977 c.738 §10; 2005 c.22 §304]

A person may not establish, conduct or maintain a caregiver registry, or represent to the public that the person is a caregiver registry, without first obtaining a caregiver registry license from the Oregon Health Authority. [2009 c.792 §14b; 2009 c.792 §64; 2011 c.70 §15]

The Oregon Health Authority may adopt rules governing caregiver registries, including but not limited to: (1) The minimum qualifications of individuals whose services are offered through a caregiver registry; (2) Standards for the organization and quality of client care; (3) Proc…

(1) As used in this section and ORS 443.195: (a) “Client” means a person who receives home health care services. (b) “Client intake” means the process of gathering information from new clients to facilitate the provision of home health care services. (c) “Home health care service…

To support the safety of home health care staff while working in a home health care setting, each home health care services entity shall: (1) Provide training to home health care staff that: (a) Includes, but is not limited to, training on recognizing hazards that are commonly en…

As used in ORS 443.215 and 443.225, “domiciliary care facilities” means facilities providing residential care to adults, including adult foster homes, group care facilities or residential treatment, training or care facilities, established, contracted for or operated by the Depar…

(1) The Legislative Assembly recognizes the importance of providing a high quality of domiciliary care facilities throughout the State of Oregon. (2) It is the intent of ORS 443.205 to 443.225 to distribute domiciliary care facility capacity on the basis of population and the reg…

(1) Except as otherwise provided by subsections (3) and (4) of this section, the capacity of all domiciliary care facilities must be located throughout the state based on the relationship of the population of the county in which the additional capacity is proposed to be located t…

As used in ORS 443.305 to 443.350: (1) “In-home care agency” means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual’s place of residence. “In-home care agency” does not include a home health agency as defined in O…

(1) A person may not establish, manage or operate an in-home care agency or purport to manage or operate an in-home care agency without obtaining a license from the Oregon Health Authority. (2) The authority shall establish classification requirements and qualifications for licen…

(1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder. A failure to comply with ORS 443.305 to…

(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, man…

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 …

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.…

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] Note: See note under 443.305.

(1) As used in this section: (a) “Agency” means an organization that provides agency with choice services. (b) “Agency with choice services” means services described in subsection (3) of this section that are provided to an individual by an agency using a self-directed service de…

As used in ORS 443.370 to 443.376: (1) “Client” means an individual who seeks a long term care referral for the individual or for another individual. (2) “Facility” means: (a) A long term care facility as defined in ORS 442.015. (b) A residential care facility as defined in ORS 4…

(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. (2) The department shall issue a registration to provide long term care referrals to an applicant who meets requirements established by…

(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 wri…

(1) As used in this section: (a) “Coordinate” means to provide proactive and systematic assistance in obtaining, facilitation of and connection with health and social services, through communication, collaboration and sharing of information among providers of health and social se…

As used in ORS 443.380 to 443.394: (1) “Administrative action” means an action, inaction or decision by an owner, employee or agent of a residential facility or by a state, local, social service or health agency that could affect the health, safety, welfare or rights of residents…

(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 pleasur…

(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 fac…

(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. (2) The Residential Facilities…

(1) The Residential Facilities Ombudsman and each designee shall: (a) Have private and unimpeded access to residential facilities and residents at any time considered necessary and reasonable by the ombudsman or the designee for the purpose of: (A) Investigating and resolving com…

(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: (a) The resident has no known legal representative: (A) The ombudsman…

(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 pos…

(1)(a) As used in this section, “authorized representative” means an individual who: (A) Is authorized to represent a resident of a residential facility in legal proceedings; (B) Has a power of attorney for a resident; or (C) Is authorized by court order to act on behalf of a res…

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 est…

As used in ORS 443.400 to 443.455 and 443.991, unless the context requires otherwise: (1) “Behavioral health needs” means mental, emotional or behavioral disturbances. (2) “Conversion facility” means a facility that has applied for, or been issued, a conversion facility license a…