ORS 443.775
Rules

  • level of care
  • exception to limit on residents with nursing care needs
  • reports on exceptions
  • provider duties
  • enforcement
  • civil penalties

(1)

The licensing agency shall adopt rules governing adult foster homes and the level of care provided in such homes, including the provision of care to more than one person with nursing care needs under specified conditions and agency approval, such as are necessary to protect the health, safety or welfare of the residents and to provide for an appropriate continuum of care, but shall not be inconsistent with the residential nature of the living accommodations and the family atmosphere of the home. The rules shall be consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (Powers, functions and duties of board, officers and executive director) (8).

(a)

An exception to the limit of one resident with nursing care needs may be granted if the provider proves to the licensing agency by clear and convincing evidence that such an exception will not jeopardize the care, health, safety or welfare of the residents and that the provider is capable of meeting the additional care needs of the new resident.

(b)

The licensing agency, and the counties acting under the exemption granted pursuant to ORS 443.780 (Exemption where county has licensing and inspection program), shall report on a quarterly basis to the Legislative Assembly on the number of exceptions granted during the quarter pursuant to paragraph (a) of this subsection.

(2)

The provider may not employ a resident manager who does not meet the classification standard for the adult foster home.

(3)

The provider shall be able to meet the night care needs of a resident before admitting the resident. The provider shall include night care needs in the resident’s care plan.

(4)

The provider shall screen a prospective resident before admitting the resident. The screening shall include but is not limited to diagnosis, medications, personal care needs, nursing care needs, night care needs, nutritional needs, activities and lifestyle preferences. A copy of the screening shall be given to the prospective resident or the prospective resident’s representative.

(5)

The licensing agency shall make rules to ensure that any employee who makes a complaint pursuant to ORS 443.755 (Entry and inspection of homes) shall be protected from retaliation.

(6)

For adult foster homes in which clients reside for whom the licensing agency pays for care, including homes in which the provider and the resident are related, the agency may require substantial compliance with its rules relating to standards for care of the client as a condition for paying for care.

(7)

By order the director of the licensing agency may delegate authority under this section to personnel other than of the licensing agency.

(8)

The licensing agency may commence a suit in equity to enjoin maintenance of an adult foster home if:

(a)

The home is operated without a valid license under this section; or

(b)

After the license to maintain the home is ordered suspended or revoked, a reasonable time for placement of residents in other facilities has been allowed but such placement has not been accomplished.

(9)

The licensing agency shall establish by rule the maximum capacity of adult foster homes, including all nonrelated and related persons receiving residential care and day care.

(10)

Except as provided in subsection (11) of this section:

(a)

The Department of Human Services may impose a civil penalty on any person who violates a provision of ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered), or the rules adopted under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered), with regard to an adult foster home serving socially dependent individuals or individuals with physical disabilities. The department shall establish the amount of the penalty by rule, in an amount not less than $100 and not more than $250 per violation, or in the case of substantiated abuse, not less than $100 and not more than $1,000 per violation.

(b)

The department may impose a civil penalty on any person who violates a provision of ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered), or the rules adopted under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered), with regard to an adult foster home not serving socially dependent individuals or individuals with physical disabilities. The department shall establish the amount of the penalty by rule, in an amount not to exceed $100 per violation, to a maximum of $250, or, per occurrence of substantiated abuse, to a maximum of $1,000.

(c)

The Oregon Health Authority may impose a civil penalty on any person who violates a provision of ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered), or the rules adopted under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered). The authority shall establish the amount of the penalty by rule, in an amount not to exceed $100 per violation, to a maximum of $250, or, per occurrence of substantiated abuse, to a maximum of $1,000.

(11)

Intentionally left blank —Ed.

(a)

If the licensing agency determines that there is reasonable cause to believe that abuse occurred in an adult foster home licensed by the licensing agency and if the abuse resulted in the death, serious injury, rape, sexual abuse or sexual exploitation of a resident, the licensing agency shall impose a civil penalty on the adult foster home of not less than $2,500 for each violation.

(b)

This subsection does not apply to adult foster homes licensed by the licensing agency to serve only persons with mental illness or with alcohol or drug addiction.

(c)

The licensing agency shall by rule define “serious injury,” “rape,” “sexual abuse” and “sexual exploitation” for purposes of this subsection.

(12)

All penalties recovered pursuant to this section shall be deposited in the Quality Care Fund established in ORS 443.001 (Quality Care Fund). [1983 c.629 §8; 1985 c.663 §7; 1987 c.369 §2; 1987 c.430 §2; 1987 c.431 §2; 1991 c.960 §9; 1995 c.667 §14; 2001 c.900 §191; 2009 c.535 §34; 2009 c.595 §791o; 2009 c.828 §90; 2017 c.679 §9]

Source: Section 443.775 — Rules; level of care; exception to limit on residents with nursing care needs; reports on exceptions; provider duties; enforcement; civil penalties, 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

Current through early 2024

§ 443.775’s source at oregon​.gov