Department of Human Services

ORS 409.900
Civil penalties for failure to report


(1)

A long term care facility that fails to file a report or pay an assessment under ORS 409.801 (Long term care facility assessment) by the date the report or payment is due shall be subject to a penalty of $500 per day of delinquency.

(2)

Penalties imposed under this section shall be collected by the Department of Human Services and deposited in the Department of Human Services Account established under ORS 409.060 (Department of Human Services Account).

(3)

Penalties paid under this section are in addition to and not in lieu of the assessment imposed under ORS 409.801 (Long term care facility assessment). [2003 c.736 §19; 2018 c.66 §1]
Note: 409.900 (Civil penalties for failure to report) is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (see following note).
Note: Sections 23 and 31, chapter 736, Oregon Laws 2003, provide:
Sec. 23. Sections 15 to 22, chapter 736, Oregon Laws 2003 [409.800 (Definitions) to 409.816 (Assessments to be deposited to Long Term Care Quality Assurance Fund) and 409.900 (Civil penalties for failure to report)], apply to long term care facility assessments imposed in calendar quarters beginning on or after November 26, 2003, and before July 1, 2026. [2003 c.736 §23; 2005 c.757 §8; 2007 c.780 §11; 2013 c.608 §19; 2018 c.66 §2]
Sec. 31. Sections 15 to 22, 24 and 29, chapter 736, Oregon Laws 2003 [409.800 (Definitions) to 409.816 (Assessments to be deposited to Long Term Care Quality Assurance Fund) and 409.900 (Civil penalties for failure to report)], are repealed on January 2, 2028. [2003 c.736 §31; 2005 c.757 §9; 2007 c.780 §14; 2009 c.11 §49; 2013 c.608 §21; 2018 c.66 §3]
Note: Sections 5 and 8, chapter 66, Oregon Laws 2018, provide:
Sec. 5. (1) In addition to the reimbursement methodology described in section 24, chapter 736, Oregon Laws 2003 [409.815 (Long Term Care Facility Quality Assurance Fund established)], the Department of Human Services shall pay long term care facilities an additional $9.75 per resident who receives medical assistance if:

(a)

The long term care facility is Medicaid certified;

(b)

The long term care facility submitted to the department an acquisition plan to purchase long term care bed capacity under section 15, chapter 608, Oregon Laws 2013, on or after October 1, 2013, and on or before June 30, 2016; and

(c)

The department finds the long term care facility meets quality standards adopted by the department.

(2)

The department shall continue making the payments described in subsection (1) of this section for a period of four years from the date on which the department approved an acquisition plan under section 15, chapter 608, Oregon Laws 2013. [2018 c.66 §5]
Sec. 8. Section 5 of this 2018 Act is repealed on January 2, 2021. [2018 c.66 §8]
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Chapter 409

Atty. Gen. Opinions

Use of division's client records by another departmental division, (1974) Vol 37, p 186


Source

Last accessed
Jun. 26, 2021