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]
(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]
Section 443.436 — Enhanced oversight and supervision program,