Title 36, Public Health and Safety

(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…

(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 trust…

(1) Nothing in ORS 441.277 to 441.323 is intended: (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 omis…

As used in ORS 441.331 to 441.341, “facility” has the meaning given that term in ORS 441.277. [2009 c.539 §14] 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 a…

(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 faci…

(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…

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 license…

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…

As used in ORS 441.357 to 441.367: (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 a…

(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 re…

(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: (a) The…

(1) As used in this section: (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 fac…

As used in ORS 441.402 to 441.419: (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 a…

(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 nominate…

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]

(1) The Long Term Care Ombudsman shall carry out the following duties: (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 subpoenain…

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: (1) The ombudsman or a designee may not disclose the identity of any …

(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: (a) Investigating and resolving complaints made by residents or mad…

(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. …

(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 po…

(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. (2) Any employee or …

(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: (a) The area agency, as defined in ORS 410.0…

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]

(1) There is established a Residential Ombudsman and Public Guardianship Advisory Board of 11 members to be appointed in the following manner: (a) One person appointed by the Speaker of the House of Representatives; (b) One person appointed by the President of the Senate; (c) One…

The Residential Ombudsman and Public Guardianship Advisory Board shall: (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 crite…

(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 pane…

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 Acc…

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 Te…

As used in ORS 441.525 to 441.595, unless the context requires otherwise: (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 co…

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,…

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…

(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. (2) If the governing body, after public hearing a…

(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 reimburs…

An authority shall not have the right or power to levy taxes or to operate a hospital facility. [1973 c.153 §5]

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: (1) To sue and be sued in its own name. (2) To acquire by purchas…

(1) To accomplish its purposes, an authority shall have the power to issue revenue obligations payable from the revenues derived by it from repayment of loans or from its ownership or sale of any one or more hospital facilities. The issuance of revenue obligations is governed by …

An authority may borrow from banks or other lenders such sums on such terms as the board of directors deems necessary or advisable. An authority may also issue, sell and assume bond anticipation notes or their equivalent, which shall bear such date or dates, mature at such time o…

The revenue bonds and other obligations of an authority shall not be a general obligation of the municipality nor a charge upon the tax revenues of the municipality. [1973 c.153 §9]

The board of directors shall establish rentals, selling prices, and other charges at least adequate to pay the principal of and interest on the obligations of the authority as the same become due, including payments to any special fund or funds, together with the financing and ot…

All powers and responsibilities provided in ORS 441.525 to 441.595 may be exercised and discharged by two or more authorities acting jointly to effectuate the purposes of ORS 441.525 to 441.595. [1973 c.153 §11]

An authority is hereby declared to be a public body performing a public function. Accordingly, an authority, all assets at any time owned by it, the income therefrom, and all bonds issued by an authority, together with the coupons applicable thereto, and the income therefrom, sha…

The earnings of the authority in excess of the amount required for the retirement of indebtedness or the accomplishment of the purposes stated in ORS 441.525 to 441.595 shall not inure to the benefit of any person or body other than the municipality creating the authority. Upon d…

ORS 441.525 to 441.595 are complete authority for the organization of authorities and for the issuance and sale of revenue bonds and refunding revenue bonds. Any restrictions, limitations, conditions or procedures provided by other statutes, including but not limited to the provi…

ORS 441.525 to 441.595 shall be liberally construed to effect its purposes. In the event that any portion of ORS 441.525 to 441.595 is declared invalid or otherwise unenforceable by a court of record, the remaining provisions of ORS 441.525 to 441.595 shall nevertheless remain in…

As used in ORS 441.600 to 441.625 unless the context requires otherwise: (1) “Department” means the Department of Human Services. (2) “Facility” means a long term care facility as defined in ORS 442.015. (3) “Legal representative” means attorney at law, person holding a general p…

It is the intent of the Legislative Assembly that facilities guarantee at a minimum that each resident has the right to be: (1) Fully informed of all resident rights and all facility rules governing resident conduct and responsibilities. (2) Fully informed which services are avai…

(1) The Department of Human Services shall adopt a nursing home patients’ bill of rights consistent with the principles set forth in ORS 441.605. The rules shall be applicable to all residents and as far as practicable shall conform to any federal nursing home patients’ bill of r…

(1) The Department of Human Services shall adopt a bill of rights for residents and patients of long term care facilities, as defined in ORS 442.015. The rules shall be applicable to all residents and patients. (2) The rights adopted by the department pursuant to subsection (1) o…

In the administration of ORS 441.600 to 441.625, 441.710 and 441.715, the Department of Human Services shall have the following powers and responsibilities: (1) To inspect any facility and the records of any facility to insure compliance with ORS 441.600 to 441.625, 441.710 and 4…

Each facility shall disclose to the resident in writing its legal name and business address, and the name and business address of the administrator of the facility, at the time of admission of a resident. Information required to be disclosed by this section shall be kept current.…