Health Care Facilities

ORS 441.025
License issuance

  • rules
  • renewal
  • disclosure
  • transfer
  • posting


(1)

(a) Upon receipt of a license fee and an application to operate a health care facility other than a long term care facility, the Oregon Health Authority shall review the application and conduct an on-site inspection of the health care facility. The authority shall issue a license if it finds that the applicant and health care facility comply with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and the rules of the authority provided that the authority does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(b)

The authority shall, following payment of the fee, annually renew each license issued under this subsection unless:

(A)

The health care facility’s license has been suspended or revoked; or

(B)

The State Fire Marshal, a deputy or an approved authority has issued a certificate of noncompliance pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(2)

(a) Upon receipt of a license fee and an application to operate a long term care facility, the Department of Human Services shall review the application and conduct an on-site inspection of the long term care facility. The department shall issue a license if the department finds that the applicant and long term care facility comply with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and the rules of the department provided that it does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(b)

The department shall, following an on-site inspection and payment of the fee, annually renew each license issued under this subsection unless:

(A)

The long term care facility’s license has been suspended or revoked;

(B)

The long term care facility is found not to be in substantial compliance following the on-site inspection; or

(C)

The State Fire Marshal, a deputy or an approved authority has issued a certificate of noncompliance pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(3)

Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable.

(4)

Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by rule of the authority or the department.

(5)

No license shall be issued or renewed for any health care facility or health maintenance organization that is required to obtain a certificate of need under ORS 442.315 (Certificate of need) until a certificate of need has been granted. An ambulatory surgical center is not subject to the certificate of need requirements in ORS 442.315 (Certificate of need).

(6)

No license shall be issued or renewed for any skilled nursing facility or intermediate care facility, unless the applicant has included in the application the name and such other information as may be necessary to establish the identity and financial interests of any person who has incidents of ownership in the facility representing an interest of 10 percent or more thereof. If the person having such interest is a corporation, the name of any stockholder holding stock representing an interest in the facility of 10 percent or more shall also be included in the application. If the person having such interest is any other entity, the name of any member thereof having incidents of ownership representing an interest of 10 percent or more in the facility shall also be included in the application.

(7)

A license may be denied to any applicant for a license or renewal thereof or any stockholder of any such applicant who has incidents of ownership in the health care facility representing an interest of 10 percent or more thereof, or an interest of 10 percent or more of a lease agreement for the facility, if during the five years prior to the application the applicant or any stockholder of the applicant had an interest of 10 percent or more in the facility or of a lease for the facility and has divested that interest after receiving from the authority or the department written notice that the authority or the department intends to suspend or revoke the license or to decertify the facility from eligibility to receive payments for services provided under this section.

(8)

The Department of Human Services may not issue or renew a license for a long term care facility, unless the applicant has included in the application the identity of any person who has incident of ownership in the long term care facility who also has a financial interest in any pharmacy, as defined in ORS 689.005 (Definitions).

(9)

The authority shall adopt rules for each type of health care facility, except long term care facilities, to carry out the purposes of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) including, but not limited to:

(a)

Establishing classifications and descriptions for the different types of health care facilities that are licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility); and

(b)

Standards for patient care and safety, adequate professional staff organizations, training of staff for whom no other state regulation exists, suitable delineation of professional privileges and adequate staff analyses of clinical records.

(10)

The department shall adopt rules for each type of long term care facility to carry out the purposes of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) including, but not limited to:

(a)

Establishing classifications and descriptions for the different types of long term care facilities that are licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility); and

(b)

Standards for patient care and safety, adequate professional staff organizations, training of staff for whom no other state regulation exists, suitable delineation of professional privileges and adequate staff analyses of clinical records.

(11)

The authority or department may not adopt a rule requiring a health care facility to serve a specific food as long as the necessary nutritional food elements are present in the food that is served.

(12)

A health care facility licensed by the authority or department may not:

(a)

Offer or provide services beyond the scope of the license classification assigned by the authority or department; or

(b)

Assume a descriptive title or represent itself under a descriptive title other than the classification assigned by the authority or department.

(13)

A health care facility must reapply for licensure to change the classification assigned or the type of license issued by the authority or department. [Amended by 1957 c.697 §2; 1961 c.316 §6; 1967 c.89 §3; 1971 c.730 §7; 1973 c.38 §1; 1973 c.840 §7; 1977 c.261 §3; 1977 c.751 §21; 1979 c.336 §1; 1983 c.740 §156; 1985 c.747 §20; 1987 c.428 §5; 1989 c.1034 §4; 2001 c.900 §163; 2009 c.595 §722; 2009 c.792 §56; 2011 c.35 §1; 2018 c.50 §12]
Note: The amendments to 441.025 (License issuance) by section 4, chapter 592, Oregon Laws 2019, apply to the issuance or renewal of licenses for long term care facilities, conversion facilities, residential care facilities or adult foster homes on or after January 1, 2021. See section 10, chapter 592, Oregon Laws 2019. The text that applies on and after January 1, 2021, is set forth for the user’s convenience.
441.025 (License issuance). (1)(a) Upon receipt of a license fee and an application to operate a health care facility other than a long term care facility, the Oregon Health Authority shall review the application and conduct an on-site inspection of the health care facility. The authority shall issue a license if it finds that the applicant and health care facility comply with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and the rules of the authority provided that the authority does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(b)

The authority shall, following payment of the fee, annually renew each license issued under this subsection unless:

(A)

The health care facility’s license has been suspended or revoked; or

(B)

The State Fire Marshal, a deputy or an approved authority has issued a certificate of noncompliance pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(2)

(a) Upon receipt of a license fee and an application to operate a long term care facility, the Department of Human Services shall review the application and conduct an on-site inspection of the long term care facility, including an inspection of the kitchen and other areas where food is prepared for residents. The department shall issue a license if the department finds that the applicant and long term care facility comply with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and the rules of the department provided that it does not receive within the time specified a certificate of noncompliance issued by the State Fire Marshal, deputy, or approved authority pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(b)

The department shall, following an on-site inspection and payment of the fee, annually renew each license issued under this subsection unless:

(A)

The long term care facility’s license has been suspended or revoked;

(B)

The long term care facility is found not to be in substantial compliance, following the on-site inspection, with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) and 443.012 (Disease outbreak and infection control training and protocols) and the rules of the department;

(C)

The long term care facility has failed an inspection of the kitchen or other areas where food is prepared for residents that was conducted by the department in accordance with ORS 443.417 (Annual kitchen inspection), except as provided in ORS 443.417 (Annual kitchen inspection) (2); or

(D)

The State Fire Marshal, a deputy or an approved authority has issued a certificate of noncompliance pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements).

(3)

Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable.

(4)

Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by rule of the authority or the department.

(5)

No license shall be issued or renewed for any health care facility or health maintenance organization that is required to obtain a certificate of need under ORS 442.315 (Certificate of need) until a certificate of need has been granted. An ambulatory surgical center is not subject to the certificate of need requirements in ORS 442.315 (Certificate of need).

(6)

No license shall be issued or renewed for any skilled nursing facility or intermediate care facility, unless the applicant has included in the application the name and such other information as may be necessary to establish the identity and financial interests of any person who has incidents of ownership in the facility representing an interest of 10 percent or more thereof. If the person having such interest is a corporation, the name of any stockholder holding stock representing an interest in the facility of 10 percent or more shall also be included in the application. If the person having such interest is any other entity, the name of any member thereof having incidents of ownership representing an interest of 10 percent or more in the facility shall also be included in the application.

(7)

A license may be denied to any applicant for a license or renewal thereof or any stockholder of any such applicant who has incidents of ownership in the health care facility representing an interest of 10 percent or more thereof, or an interest of 10 percent or more of a lease agreement for the facility, if during the five years prior to the application the applicant or any stockholder of the applicant had an interest of 10 percent or more in the facility or of a lease for the facility and has divested that interest after receiving from the authority or the department written notice that the authority or the department intends to suspend or revoke the license or to decertify the facility from eligibility to receive payments for services provided under this section.

(8)

The Department of Human Services may not issue or renew a license for a long term care facility, unless the applicant has included in the application the identity of any person who has incident of ownership in the long term care facility who also has a financial interest in any pharmacy, as defined in ORS 689.005 (Definitions).

(9)

The authority shall adopt rules for each type of health care facility, except long term care facilities, to carry out the purposes of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) including, but not limited to:

(a)

Establishing classifications and descriptions for the different types of health care facilities that are licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility); and

(b)

Standards for patient care and safety, adequate professional staff organizations, training of staff for whom no other state regulation exists, suitable delineation of professional privileges and adequate staff analyses of clinical records.

(10)

The department shall adopt rules for each type of long term care facility to carry out the purposes of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) including, but not limited to:

(a)

Establishing classifications and descriptions for the different types of long term care facilities that are licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility);

(b)

Standards for patient care and safety, adequate professional staff organizations, training of staff for whom no other state regulation exists, suitable delineation of professional privileges and adequate staff analyses of clinical records; and

(c)

Rules to ensure that a long term care facility complies with ORS 443.012 (Disease outbreak and infection control training and protocols).

(11)

The authority or department may not adopt a rule requiring a health care facility to serve a specific food as long as the necessary nutritional food elements are present in the food that is served.

(12)

A health care facility licensed by the authority or department may not:

(a)

Offer or provide services beyond the scope of the license classification assigned by the authority or department; or

(b)

Assume a descriptive title or represent itself under a descriptive title other than the classification assigned by the authority or department.

(13)

A health care facility must reapply for licensure to change the classification assigned or the type of license issued by the authority or department.
Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


Source

Last accessed
Jun. 26, 2021