OAR 411-054-0106
Regulatory Framework

(1) PURPOSE. The goal of the regulatory framework is to provide transparency, accuracy, and equity related to regulatory actions taken by the Department in response to facilities’ lack of substantial compliance with Oregon Administrative Rules. The framework should include application of preventative, positive, and progressively more restrictive measures taken by the Department in response to facilities’ lack of substantial compliance with Oregon Administrative Rules. Whenever possible and appropriate, the framework shall be based on a progressive method of regulation based on scope and severity, which includes positive reinforcement, as well as sanctions and penalties.
(2) PROCESS. The framework will provide information on processes related to the Department’s:
(a) Accurate and equitable assessment of substantial compliance based on regulatory requirements.
(b) Employment of progressive and positive action to promote and achieve facility substantial compliance.
(c) Accurate and equitable imposition of corrective actions.
(d) Administration of Enhanced Oversight Program to focus compliance activities on facilities that consistently fail to achieve substantial compliance.
(3) TECHNIQUES. Regulatory compliance will be promoted through the use of progressive compliance techniques, as appropriate, including, but not limited to:
(a) Proactive communication.
(b) Technical support to facilities.
(c) Consultation with policy analysts to clarify regulatory requirements.
(d) Corrective action involving civil penalties.
(e) Imposition of sanctions, including, but not limited to conditions on a provider’s license.
(f) Suspension, non-renewal or revocation of license.
(4) ENHANCED OVERSIGHT PROGRAM.
(a) Facilities that consistently demonstrate a lack of substantial compliance or perform substantially below statewide averages on quality metrics will be considered for the Enhanced Oversight Program.
(b) The Department shall take one or more of the following actions, the Department deems necessary, to improve the performance of a facility:
(A) Increase the frequency of surveys of the facility.
(B) Conduct surveys that focus on areas of consistent non-compliance as identified by the Department.
(c) The Department shall terminate the enhanced oversight and supervision of a facility as follows, after:
(A) Three years, if the facility has shown substantial compliance according to the Department; or
(B) One year, if the facility submits a written assertion of substantial compliance and the Department determines the facility no longer meets the criteria of the program.

Source: Rule 411-054-0106 — Regulatory Framework, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-054-0106.

411‑054‑0000
Purpose 411‑054‑0005
Definitions 411‑054‑0010
Licensing Standard 411‑054‑0012
Requirements for New Construction or Initial Licensure 411‑054‑0013
Application for Initial Licensure and License Renewal 411‑054‑0016
New Applicant Qualifications 411‑054‑0019
Change of Ownership or Management 411‑054‑0025
Facility Administration 411‑054‑0026
Notice to Potential Residents 411‑054‑0027
Resident Rights and Protections 411‑054‑0028
Abuse Reporting and Investigation 411‑054‑0030
Resident Services 411‑054‑0034
Resident Move-In and Evaluation 411‑054‑0036
Service Plan — General 411‑054‑0038
Individually-Based Limitations 411‑054‑0040
Change of Condition and Monitoring 411‑054‑0045
Resident Health Services 411‑054‑0050
Infection Prevention and Control 411‑054‑0055
Medications and Treatments 411‑054‑0060
Restraints and Supportive Devices 411‑054‑0065
Administrator Qualifications and Requirements 411‑054‑0070
Staffing Requirements and Training 411‑054‑0080
Involuntary Move-out Criteria 411‑054‑0085
Refunds and Financial Management 411‑054‑0090
Fire and Life Safety 411‑054‑0093
Emergency and Disaster Planning 411‑054‑0100
Exceptions and Waivers 411‑054‑0105
Inspections and Investigations 411‑054‑0106
Regulatory Framework 411‑054‑0110
Conditions 411‑054‑0120
Civil Penalties 411‑054‑0130
Non-Renewal, Denial, Suspension or Revocation of License 411‑054‑0133
Temporary Manager 411‑054‑0135
Criminal Penalties 411‑054‑0140
Additional Authority 411‑054‑0200
Residential Care Facility Building Requirements 411‑054‑0300
Assisted Living Facility Building Requirements 411‑054‑0320
Quality Measurement Program and Council
Last Updated

Jun. 8, 2021

Rule 411-054-0106’s source at or​.us