Note: Sections 1 and 6, chapter 616, Oregon Laws 2021, provide:
Sec. 1. (1) As used in this section:
(a) "Long term care facility" has the meaning given that term in ORS 442.015.
(b) "Residential care facility" has the meaning given that term in ORS 443.400.
(c) "Senior emergency medical services" means services provided by an emergency medical services provider, as defined in ORS 682.025, to residents of a long term care facility or residential care facility.
(2)(a) The Senior Emergency Medical Services Innovation Program is established in the Department of Human Services. The purpose of the program is to select, provide funding to and monitor local public sector pilot projects that:
(A) Provide innovative strategies for addressing the emergency medical services needs of this state’s increasing number of aging residents who receive care and services in residential care facilities and long term care facilities;
(B) Encourage the efficient and appropriate use of senior emergency medical services;
(C) Reduce the overall costs of senior emergency medical services while promoting quality emergency medical services; and
(D) Encourage unique community-based responses to challenges faced by local communities in meeting their residents’ needs for senior emergency medical services.
(b) The department shall provide funding to a pilot project described in this subsection from moneys deposited in the Quality Care Fund established under ORS 443.001.
(3) The Senior Emergency Medical Services Advisory Council is established consisting of the following 10 members appointed by the Governor:
(a) One member representing long term care facilities;
(b) One member representing residential care facilities;
(c) One member who is a nurse or clinician in a long term care facility or a residential care facility;
(d) One member representing an urban or suburban fire department or a city fire department that provides emergency medical services;
(e) One member representing a rural fire protection district organized under ORS chapter 478;
(f) One member who enters into agreements with a public sector entity to provide emergency medical services;
(g) One member who is a physician licensed under ORS chapter 677 or other health care practitioner with expertise in emergency medical services;
(h) One member representing the Oregon Health Authority who has expertise in emergency medical services and trauma response;
(i) One member representing private emergency medical services providers; and
(j) One member who is a:
(A) Family member of a resident of a long term care facility or residential care facility;
(B) Caregiver in a long term care facility or residential care facility; or
(C) Member or representative of a group that advocates for seniors residing in long term care facilities or residential care facilities.
(4) The council shall advise and make recommendations to the Department of Human Services on:
(a) Minimum standards and data reporting requirements for pilot projects funded through the program;
(b) The application process and timelines for the consideration of applications for funding of pilot projects;
(c) The criteria for the selection of pilot projects to participate in the program; and
(d) Other factors identified by the council as likely to facilitate successful pilot projects.
(5) A majority of the members of the council constitutes a quorum for the transaction of business.
(6) Official action by the council requires the approval of a majority of the members of the council.
(7) The council shall elect one of its members to serve as chairperson.
(8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.
(9) The council shall meet at times and places specified by the call of the chairperson or of a majority of the members of the council.
(10) The council may adopt rules necessary for the operation of the council.
(11) The department shall submit a report, in the manner provided in ORS 192.245, on the pilot projects selected for the program, the success achieved by each pilot project in meeting the goals of the program described in subsection (2) of this section and any recommendations for legislative changes necessary to improve the emergency services provided throughout this state.
(12) The department shall submit the report described in subsection (11) of this section to the authority for consideration and review prior to submitting the report as described in subsection (11) of this section.
(13) The department shall provide staff support to the council.
(14) Members of the council are not entitled to compensation or reimbursement for expenses and serve as volunteers on the council.
(15) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the council consider necessary to perform their duties. [2021 c.616 §1]
Sec. 6. Sections 1 and 2 of this 2021 Act are repealed on January 2, 2027. [2021 c.616 §6]
Structure 2021 Oregon Revised Statutes
Chapter 441 - Health Care Facilities
Section 441.020 - Application; fees; rules.
Section 441.021 - Additional fees for investigation and compliance activities.
Section 441.025 - License issuance; rules; renewal; disclosure; transfer; posting.
Section 441.026 - Licensing of extended stay centers; rules.
Section 441.037 - Hearings; procedures; judicial review.
Section 441.038 - Additional remedies.
Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules.
Section 441.049 - Support persons for patients with disabilities.
Section 441.051 - Discharge of patient to care of lay caregiver.
Section 441.053 - Release of patient presenting with behavioral health crisis.
Section 441.054 - Discharge of patients receiving mental health treatment.
Section 441.055 - Health care facility medical staff and bylaws; rules.
Section 441.056 - Credentialing telemedicine providers; rules.
Section 441.060 - Inspections; approval of plans and specifications; rules; fees.
Section 441.062 - Coordination of inspections; rules.
Section 441.065 - Exemption of certain religious institutions.
Section 441.067 - Inspection reports, complaint procedures and rules; posting.
Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting.
Section 441.079 - Eye, organ and tissue transplants.
Section 441.084 - Choice of patient on suppliers of drugs and supplies.
Section 441.086 - Ambulatory surgical centers; rules.
Section 441.087 - General inspection of long term care facility.
Section 441.094 - Denial of emergency medical services because of inability to pay prohibited.
Section 441.096 - Identification badges.
Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098.
Section 441.101 - Safeguards for protected health information; rules.
Section 441.151 - "Hospital" defined for ORS 441.152 to 441.177.
Section 441.152 - Nurse Staffing Advisory Board.
Section 441.154 - Hospital nurse staffing committee.
Section 441.155 - Written staffing plan for nursing services.
Section 441.156 - Annual review of nurse staffing plan.
Section 441.164 - Variances to staffing plan requirements.
Section 441.165 - Modification of nurse staffing plan in case of emergency or epidemic.
Section 441.166 - Need for replacement staff.
Section 441.168 - Leaving a patient care assignment.
Section 441.169 - Public notice.
Section 441.171 - Complaint investigations.
Section 441.173 - Hospital to maintain records; rules.
Section 441.175 - Civil penalties; suspension or revocation of license; rules; records.
Section 441.177 - Posting of audit reports and civil penalties.
Section 441.179 - Definitions for ORS 441.179 to 441.186.
Section 441.181 - Retaliation prohibited.
Section 441.183 - Remedies for retaliation.
Section 441.184 - Unlawful employment practices; civil action for retaliation.
Section 441.185 - Hospital posting of notice.
Section 441.186 - Rights, privileges or remedies of nursing staff.
Section 441.192 - Notice of employment outside of hospital.
Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms.
Section 441.222 - Committee recommendations.
Section 441.223 - Implementation of committee recommendations; rules.
Section 441.277 - Definitions for ORS 441.277 to 441.323.
Section 441.281 - Petition for appointment of trustee; hearing; order.
Section 441.286 - Grounds for appointment of trustee.
Section 441.289 - Powers and duties of trustee.
Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment.
Section 441.296 - Liability for rent or contracts.
Section 441.309 - Trustee as public employee.
Section 441.316 - Termination of trust; extension; license revocation.
Section 441.318 - Trustee accounting; deficiencies; lien.
Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341.
Section 441.333 - Appointment of temporary manager.
Section 441.336 - Accounting by temporary manager; deficiencies; lien.
Section 441.338 - Temporary manager as agent of state agency.
Section 441.357 - Definitions for ORS 441.357 to 441.367.
Section 441.402 - Definitions for ORS 441.402 to 441.419.
Section 441.406 - Duties of ombudsman; rules.
Section 441.407 - Procedures to maintain confidentiality.
Section 441.408 - Right of entry into facilities and access to records.
Section 441.409 - Report after investigation; referral to other agencies.
Section 441.411 - Notice of complaint procedures; posting.
Section 441.412 - Immunity of employees.
Section 441.413 - Appointment of designees; qualifications; duties.
Section 441.418 - Appeal to Residential Ombudsman and Public Guardianship Advisory Board.
Section 441.525 - Definitions for ORS 441.525 to 441.595.
Section 441.535 - Procedure to create public authority.
Section 441.540 - Board of directors; rules; conflict of interest; quorum; personnel.
Section 441.550 - General powers.
Section 441.555 - Issuance of revenue obligations; nature of obligation; refunding.
Section 441.595 - Construction of ORS 441.525 to 441.595.
Section 441.600 - Definitions for ORS 441.600 to 441.625.
Section 441.605 - Legislative declaration of rights intended for residents.
Section 441.610 - Nursing home patients’ bill of rights; rules.
Section 441.612 - Additional rights; rules.
Section 441.615 - Powers and responsibilities of department; rules.
Section 441.630 - Definitions for ORS 441.630 to 441.680.
Section 441.637 - Rules; submission of rules to advisory group.
Section 441.640 - Report of suspected abuse of resident required.
Section 441.645 - Oral report to area agency on aging, department or law enforcement agency.
Section 441.655 - Immunity for reporter of abuse.
Section 441.659 - Disclosure of protected health information to law enforcement.
Section 441.660 - Photographing resident; photograph as record.
Section 441.665 - Record of reports; classification of investigation report.
Section 441.671 - Confidentiality of reports; when available.
Section 441.674 - Specified evidentiary privileges inapplicable.
Section 441.676 - Investigation of licensing violations; powers of investigator.
Section 441.679 - Preemployment inquiries; when employment prohibited.
Section 441.685 - Monitors; designation; duties; peer review of facilities.
Section 441.695 - Conduct of investigation.
Section 441.700 - Access to facilities by persons providing services.
Section 441.703 - Complaint file; summary; availability on request.
Section 441.705 - Definitions for ORS 441.705 to 441.745.
Section 441.710 - Civil penalties; when imposed.
Section 441.712 - Notice of civil penalty.
Section 441.715 - Criteria for civil penalties; rules.
Section 441.720 - Remittance or reduction of penalties.
Section 441.726 - Progressive enforcement process.
Section 441.731 - Civil penalties.
Section 441.736 - License conditions.
Section 441.740 - Judicial review.
Section 441.745 - Penalties to Quality Care Fund.
Section 441.755 - Report form; contents.
Section 441.816 - Influenza vaccines for patients 65 years of age or older; rules.
Section 441.990 - Civil and criminal penalties.
Section 441.991 - Civil penalty for violation of ORS 441.098.
Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049.