Chapter 441
Health Care Facilities

Sections

Licensing of facilities and health maintenance organizations

Additional fees for investigation and compliance activities

Factors to be considered in licensing

License issuance

Licensing of extended stay centers

Denial, suspension or revocation of licenses

Additional remedies

Complaints about standard of care in facility

Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident

Requirement to provide resident with information about Long Term Care Ombudsman services

Discrimination based on execution of POLST, advance directive or similar instruction prohibited

Support persons for patients with disabilities

Discharge of patient to care of lay caregiver

Release of patient presenting with behavioral health crisis

Discharge of patients receiving mental health treatment

Health care facility medical staff and bylaws

Credentialing telemedicine providers

Access to previous X-rays and reports by patients of chiropractic physicians

Delegation of health inspections to local public health authorities

Coordination of inspections

Use of facilities by licensed podiatric physicians and surgeons

Use of facilities by nurse practitioners and physician assistants

Exemption of certain religious institutions

Inspection reports, complaint procedures and rules

Rules regarding staff ratio in long term care facilities

Revocation of license and other penalties for imposing restrictions upon certain physicians

Disability discrimination prohibited in provision or insurance coverage of organ transplantation

Eye, organ and tissue transplants

Registration of organ procurement organization, tissue bank and eye bank

Drug information to be provided patients of long term and intermediate care facilities

Choice of patient on suppliers of drugs and supplies

Ambulatory surgical centers

General inspection of long term care facility

Application of Health Care Quality Improvement Act of 1986

Denial of emergency medical services because of inability to pay prohibited

Identification badges

Health practitioner referral of patient to treatment or diagnostic testing facility

Health Licensing Office to ensure compliance with ORS 441.098

Safeguards for protected health information

“Hospital” defined for ORS 441.152 to 441.177

Nurse Staffing Advisory Board

Hospital nurse staffing committee

Written staffing plan for nursing services

Annual review of nurse staffing plan

Variances to staffing plan requirements

Modification of nurse staffing plan in case of emergency or epidemic

Need for replacement staff

Leaving a patient care assignment

Complaint investigations

Hospital to maintain records

Civil penalties

Posting of audit reports and civil penalties

Definitions for ORS 441.179 to 441.186

Retaliation prohibited

Remedies for retaliation

Unlawful employment practices

Hospital posting of notice

Rights, privileges or remedies of nursing staff

Notice of employment outside of hospital

Advisory Committee on Physician Credentialing Information

Committee recommendations

Implementation of committee recommendations

Definitions for ORS 441.277 to 441.323

Petition for appointment of trustee

Grounds for appointment of trustee

Powers and duties of trustee

Liability to trustee for goods and services after notice

Liability for rent or contracts

Payment of expenses when income inadequate

Establishment of Facility Fund

Compensation of trustee

Trustee as public employee

License renewal of facility placed in trust

Termination of trust

Trustee accounting

Effect of trust or temporary management on prior obligations or civil or criminal liabilities

Definition of “facility” for ORS 441.331 to 441.341

Appointment of temporary manager

Accounting by temporary manager

Temporary manager as agent of state agency

Definitions for ORS 441.357 to 441.367

Notice by Department of Human Services prior to move or termination

Facility required to give notice of base rate and policy on nonpayment

Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime

Definitions for ORS 441.402 to 441.419

Office of Long Term Care Ombudsman

Funding of office

Duties of ombudsman

Procedures to maintain confidentiality

Right of entry into facilities and access to records

Report after investigation

Notice of complaint procedures

Immunity of employees

Appointment of designees

Effect of ORS 441.402 to 441.419 on right to visitors

Residential Ombudsman and Public Guardianship Advisory Board

Appeal to Residential Ombudsman and Public Guardianship Advisory Board

Long Term Care Ombudsman Account

Definitions for ORS 441.525 to 441.595

Municipalities authorized to create authority

Procedure to create public authority

Board of directors

Authority may not levy taxes

Issuance of revenue obligations

Obligations of authority not obligations of municipality

Payment of principal and interest

Authorities may act jointly

Authority as public body

Disposition of excess earnings

Authority granted by ORS 441.525 to 441.595

Construction of ORS 441.525 to 441.595

Definitions for ORS 441.600 to 441.625

Legislative declaration of rights intended for residents

Nursing home patients’ bill of rights

Additional rights

Powers and responsibilities of department

Disclosure of business information required

Retaliation against resident exercising rights prohibited

Definitions for ORS 441.630 to 441.680

Legislative finding

Report of suspected abuse of resident required

Oral report to area agency on aging, department or law enforcement agency

Investigation of abuse complaint

Immunity for reporter of abuse

Disclosure of protected health information to law enforcement

Photographing resident

Record of reports

Confidentiality of reports

Specified evidentiary privileges inapplicable

General evidentiary privileges inapplicable

Investigation of licensing violations

Letter of determination

Review of finding that nursing assistant responsible for abuse

Preemployment inquiries

Spiritual healing alone not considered abuse of resident

Complainant may accompany investigator

Conduct of investigation

Prescribed drug supply for unscheduled therapeutic leave from long term care facility

Access to facilities by persons providing services

Definitions for ORS 441.705 to 441.745

Civil penalties

Notice of civil penalty

Criteria for civil penalties

Remittance or reduction of penalties

Progressive enforcement process

Civil penalties

License conditions

Judicial review

Penalties to Quality Care Fund

Suicide attempts by minors

Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited

Influenza vaccines for patients 65 years of age or older

Procedure for termination of physician’s privilege to practice medicine at health care facility

Authority of hospital to require medical staff to provide professional liability insurance

Civil and criminal penalties

Civil penalty for violation of ORS 441.098

Civil penalty for violation of ORS 441.048 or 441.049

Up to date

Current through early 2024

Chap. 441’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_chapter_441

Original Source: Chapter 441 — Health Care Facilities, https://www.oregonlegislature.gov/bills_laws/ors/ors441.html (last accessed Jun. 16, 2023).