ORS 443.436
Enhanced oversight and supervision program


(1)

As used in this section:

(a)

“Consistently” means regularly and typically.

(b)

“Substantial compliance” means a level of compliance with state law and with rules of the Department of Human Services such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents.

(2)

Intentionally left blank —Ed.

(a)

The department shall develop a framework for assessing the compliance of residential care facilities with regulatory requirements and for requiring corrective action that accurately and equitably measures compliance and the extent of noncompliance.

(b)

The framework must include but is not limited to measures of the severity and scope of a residential care facility’s noncompliance, including but not limited to:

(A)

Whether the facility has qualified awake direct care staff in sufficient numbers to consistently meet the scheduled and unscheduled needs of each resident 24 hours a day; and

(B)

The impact of any compliance deficiencies on the rights, health, welfare and safety of the residents.

(c)

The department shall publish the framework on the department’s website and shall distribute the framework to residential care facilities licensed in this state.

(3)

The department shall administer a residential care facility enhanced oversight and supervision program that focuses department resources on residential care facilities that consistently demonstrate:

(a)

A lack of substantial compliance with the requirements of ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or rules adopted to implement ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties); or

(b)

Performance substantially below statewide averages on quality metrics reported under the Residential Care Quality Measurement Program established under ORS 443.446 (Residential Care Quality Measurement Program).

(4)

The residential care facility enhanced oversight and supervision program shall take one or more of the following actions that the department deems necessary to improve the performance of a residential care facility:

(a)

Increase the frequency of surveys of the residential care facility.

(b)

Conduct surveys that focus on areas of consistent noncompliance identified by the department.

(c)

Impose one or more conditions on the license of the facility under ORS 441.736 (License conditions).

(5)

The department shall terminate the enhanced oversight and supervision of a residential care facility:

(a)

After three years if the residential care facility has shown through at least two consecutive in-person site surveys and reported quality metrics that the residential care facility no longer meets the criteria set forth in subsection (3) of this section; or

(b)

After one year if the residential care facility submits a written assertion of substantial compliance and the department determines that the residential care facility no longer meets the criteria set forth in subsection (3) of this section.

(6)

The department shall publish notice on the department’s website, including any website where the public can access a database of long term care facilities, of any residential care facility that is in the enhanced oversight and supervision program.

(7)

Using moneys from the Quality Care Fund established under ORS 443.001 (Quality Care Fund), the department shall develop, maintain and periodically update compliance guidelines for residential care facilities serving seniors and persons with disabilities. The guidelines must be made available electronically.

(8)

This section does not preclude the department from taking any action authorized by ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties). [2017 c.679 §23; 2021 c.338 §7; 2021 c.392 §5]
Note: Section 7, chapter 392, Oregon Laws 2021, provides:
Sec. 7. No later than April 1, 2022, the Department of Human Services shall:

(1)

Publish and distribute to residential care facilities the framework described in ORS 443.436 (Enhanced oversight and supervision program) (2).

(2)

Fully implement the enhanced oversight and supervision program described in ORS 443.436 (Enhanced oversight and supervision program).

(3)

Report to the appropriate interim committees of the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), on the publishing and distribution of the framework and the implementation of the enhanced oversight and supervision program. [2021 c.392 §7]

Source: Section 443.436 — Enhanced oversight and supervision program, https://www.­oregonlegislature.­gov/bills_laws/ors/ors443.­html.

443.001
Quality Care Fund
443.002
Providers with multiple facilities
443.004
Criminal records check required for employees and volunteers providing direct care
443.006
Criminal background check registry
443.007
Disqualification of individuals found to have committed abuse
443.008
Fitness determinations
443.011
Training requirements for in-home care service providers
443.012
Disease outbreak and infection control training and protocols
443.014
Definitions for ORS 443.014 to 443.105
443.015
License required
443.019
Requirement for in-person site inspection
443.025
Hospitals exempt from certain requirements if standards are met
443.035
License fees
443.045
Denial, suspension and revocation of licenses
443.055
Governing body of home health agencies
443.065
General requirements for home health agencies
443.075
Services and supplies prescribed by physician, naturopathic physician, physician assistant or nurse practitioner
443.085
Home health services
443.090
Exemption from in-home care agency licensing requirements
443.095
Applicability of laws to domestic service
443.100
License required for caregiver registry
443.105
Caregiver registries
443.205
Definitions for ORS 443.215 and 443.225
443.215
Policy
443.225
Location and capacity of domiciliary care facilities
443.305
Definitions for ORS 443.305 to 443.350
443.315
License required
443.325
Grounds for denial, suspension or revocation of license
443.327
Injunctive relief
443.340
Rules
443.345
Disposition of moneys
443.350
Applicability
443.355
Complaint procedures
443.370
Definitions for ORS 443.370 to 443.376
443.373
Registration to provide long term care referrals
443.376
Duties of referral agents
443.378
Housing with services projects
443.380
Definitions for ORS 443.380 to 443.394
443.382
Residential Facilities Ombudsman
443.384
Agencies to provide information and support
443.386
Designees of ombudsman
443.388
Authority of ombudsman and designees
443.390
Complaints
443.392
Notice of complaint procedures
443.394
Procedures to maintain confidentiality
443.396
Gifts, grants and donations
443.400
Definitions for ORS 443.400 to 443.455
443.405
Exclusions from definition of “residential facility.”
443.410
Single license required
443.415
License applications
443.416
Inspection of facilities
443.417
Annual kitchen inspection
443.419
License revocations, suspensions or conditions
443.420
Qualifications for license
443.421
Revocation and suspension of licenses
443.422
Siting of licensed residential facilities
443.424
Expansion of capacity of residential care facilities and adult foster homes
443.425
License term
443.430
Transferability of license
443.431
Conversion facilities
443.432
Acuity-based staffing tool
443.433
Direct care staff training in dementia care
443.434
Staffing data
443.436
Enhanced oversight and supervision program
443.439
Increases in compensation of direct support professionals
443.441
Assessment of sufficient numbers of direct care staff
443.443
Information provided upon application for admission
443.444
Information provided upon admission
443.445
Persons admissible at facilities and homes
443.446
Residential Care Quality Measurement Program
443.447
Quality Measurement Council
443.448
Choice of prescription and nonprescription drugs and supplies
443.449
Prescription drug packaging
443.450
Rules
443.452
Waiver procedure
443.453
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.455
Civil penalties
443.460
Exemptions
443.465
Secure residential treatment homes and facilities
443.480
Definitions for ORS 443.480 to 443.500
443.485
Registration required
443.490
Waiver of registration
443.495
Exemptions
443.500
Investigation of registered facilities
443.705
Definitions for ORS 443.705 to 443.825
443.715
Exclusions from definition of “adult foster home.”
443.720
Findings of Legislative Assembly
443.725
License required
443.730
Information regarding substitute caregivers required
443.733
Collective bargaining
443.734
Adult foster home license classifications
443.735
Issuance of license
443.738
Educational standards for providers, managers and caregivers
443.739
Rights of residents
443.740
Information on licensed adult foster homes
443.742
Annual continuing education requirements
443.743
Training in dementia care
443.745
Denial, suspension or revocation
443.755
Entry and inspection of homes
443.760
Application of single family dwelling code requirements to home
443.762
Information provided upon admission
443.765
Complaint procedure
443.766
Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited
443.767
Investigation of complaint
443.769
Public disclosure of investigatory information
443.775
Rules
443.777
Prescription drug packaging
443.780
Exemption where county has licensing and inspection program
443.785
Admission of Medicaid recipients
443.790
Authority to impose civil penalty
443.795
Civil penalty
443.815
Judicial review of penalties
443.825
Disposition of penalties recovered
443.830
Definitions for ORS 443.830 and 443.835
443.835
Certificate required
443.850
Definitions for ORS 443.850 to 443.869
443.860
License required
443.861
Moneys to be deposited to Public Health Account
443.864
Suspension, revocation or denial of license
443.867
In-home care agency license not required for licensed hospice program to provide palliative care
443.869
Civil penalties
443.875
Notice of substantiated abuse
443.878
Psychotropic medications
443.880
Responsibilities of residential facility regarding property of resident
443.881
Transfer of property
443.886
Memory care endorsement required
443.887
Definitions
443.889
Use of acuity-based staffing tool
443.895
Exemption from ad valorem property taxation for certain facilities
443.991
Penalties
Green check means up to date. Up to date