Oregon Department of Human Services, Aging and People with Disabilities and Developmental Disabilities

Rule Rule 411-089-0070
Facility Fund


(1)

Moneys in the Facility Fund are appropriated to the Department to pay for the reasonable expenses of a trustee or temporary manager.

(2)

BASIS FOR APPOINTMENT.

(a)

A trustee may be appointed when a court finds the health and welfare of facility residents are in jeopardy pursuant to ORS 441.281 (Petition for appointment of trustee).

(b)

A temporary manager may be appointed by the Department, with consent of the licensee, if the Department determines the health or safety of facility residents is in jeopardy pursuant to OAR 411-089-0075 (Temporary Manager).

(3)

LICENSEE REPAYMENT TO FACILITY FUND. When the Department is required to utilize the Facility Fund to meet expenses of a trustee or temporary manager, the amount used shall constitute a loan to the facility and shall be repayable to the Facility Fund.

(4)

FACILITY FUND FEE ASSESSMENT.

(a)

Licensees shall pay an annual fee that does not exceed the annual license fee until the Facility Fund balance reaches $750,000.

(b)

When the Facility Fund balance reaches $750,000, annual fee collection shall be discontinued.

(c)

When the Facility Fund balance falls below $600,000, annual fee collection shall be reinstituted.

(5)

ALLOWABLE COST. The facility payment described in section (4)(a) of this rule shall be considered an allowable cost.
Source

Last accessed
Jun. 8, 2021