(2) The Residential Facilities Ombudsman may, subject to the approval of the Long Term Care Ombudsman, hire or contract with volunteers, staff, deputy ombudsmen and other qualified individuals as necessary to perform the duties of the ombudsman.
(3) The Residential Facilities Ombudsman shall:
(a) Identify, investigate and resolve complaints made by or on behalf of residents about administrative actions.
(b) Provide residents, families of residents, guardians, community members and administrators and staff of residential facilities with information regarding the rights of residents as set forth in ORS 427.107 and 430.210 and any other applicable rights of residents.
(c) Widely publicize the Residential Facilities Ombudsman’s services, purpose and mode of operation.
(d) Undertake, participate in or cooperate with persons and agencies in conferences, inquiries, meetings or studies that may lead to improvements in the functioning of residential facilities.
(e) Work closely with associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517.
(f) Provide services to residents to assist them in protecting their health, safety, welfare and rights.
(g) Ensure that residents have regular, timely, private and unimpeded access to the Residential Facilities Ombudsman’s services and that a resident or an individual acting on behalf of a resident who files a complaint receives a timely response to the complaint from the ombudsman or a designee.
(h) Represent the interests of residents before government agencies and seek administrative, legal or other appropriate remedies to protect the health, safety, welfare and rights of residents.
(i) Analyze, comment on and monitor the development and implementation of federal, state and local laws and other governmental policies pertaining to the health, safety, welfare and rights of residents.
(j) Recommend any changes to state or local laws to improve the health, safety, welfare and rights of residents.
(k) Facilitate public comment on laws and policies that affect the health, safety, welfare and rights of residents.
(L) Train designees.
(m) Promote the development of organizations to advocate on behalf of residents of residential facilities.
(n) To the extent practicable, assist residents who move from a residential facility to a home care setting.
(o) Assist residents and individuals acting on their behalf in locating and accessing resources in the community and in connecting with local service providers.
(p) Engage the participation of residents in general studies, conferences, inquiries or meetings related to residential care in this state.
(q) Make recommendations for improvements in the functioning of the residential facility system in this state.
(r) Collaborate with the Oregon Health Authority, the Department of Human Services, and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints about and conditions in residential facilities for the purpose of publicizing improvements and resolving significant problems for residents.
(s) Provide information to public agencies about the problems of residents.
(t) Collect and compile data necessary to prepare the report submitted to the Governor under ORS 182.500.
(u) Adopt rules necessary for carrying out ORS 443.380 to 443.394, in accordance with ORS chapter 183, in consultation with the Long Term Care Ombudsman and the Residential Ombudsman and Public Guardianship Advisory Board. [2017 c.441 §2]
Note: See note under 443.380.
Structure 2021 Oregon Revised Statutes
Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs
Section 443.001 - Quality Care Fund; rules.
Section 443.002 - Providers with multiple facilities.
Section 443.006 - Criminal background check registry; rules.
Section 443.007 - Disqualification of individuals found to have committed abuse; rules.
Section 443.008 - Fitness determinations; rules.
Section 443.011 - Training requirements for in-home care service providers; rules.
Section 443.012 - Disease outbreak and infection control training and protocols; rules.
Section 443.014 - Definitions for ORS 443.014 to 443.105.
Section 443.019 - Requirement for in-person site inspection.
Section 443.035 - License fees; renewal; disposition of funds.
Section 443.045 - Denial, suspension and revocation of licenses; penalties.
Section 443.065 - General requirements for home health agencies.
Section 443.085 - Home health services; rules.
Section 443.090 - Exemption from in-home care agency licensing requirements.
Section 443.105 - Caregiver registries; rules.
Section 443.225 - Location and capacity of domiciliary care facilities.
Section 443.305 - Definitions for ORS 443.305 to 443.350.
Section 443.315 - License required; application; rules; fees.
Section 443.325 - Grounds for denial, suspension or revocation of license; penalties.
Section 443.327 - Injunctive relief; attorney fees and costs; notice to clients.
Section 443.345 - Disposition of moneys.
Section 443.350 - Applicability.
Section 443.355 - Complaint procedures; rules.
Section 443.370 - Definitions for ORS 443.370 to 443.376.
Section 443.373 - Registration to provide long term care referrals; rules; fee.
Section 443.376 - Duties of referral agents; violation as unlawful practice.
Section 443.378 - Housing with services projects.
Section 443.380 - Definitions for ORS 443.380 to 443.394.
Section 443.382 - Residential Facilities Ombudsman; duties.
Section 443.384 - Agencies to provide information and support.
Section 443.386 - Designees of ombudsman; training; contract.
Section 443.388 - Authority of ombudsman and designees; confidentiality agreements.
Section 443.392 - Notice of complaint procedures; posting requirement.
Section 443.394 - Procedures to maintain confidentiality.
Section 443.396 - Gifts, grants and donations.
Section 443.400 - Definitions for ORS 443.400 to 443.455.
Section 443.405 - Exclusions from definition of "residential facility."
Section 443.410 - Single license required.
Section 443.416 - Inspection of facilities.
Section 443.417 - Annual kitchen inspection; fees.
Section 443.419 - License revocations, suspensions or conditions; rules.
Section 443.420 - Qualifications for license.
Section 443.421 - Revocation and suspension of licenses; procedure.
Section 443.422 - Siting of licensed residential facilities.
Section 443.425 - License term; contents; renewal; fee.
Section 443.430 - Transferability of license; disposition of license fees.
Section 443.431 - Conversion facilities; fee; rules.
Section 443.432 - Acuity-based staffing tool.
Section 443.433 - Direct care staff training in dementia care; rules.
Section 443.436 - Enhanced oversight and supervision program.
Section 443.439 - Increases in compensation of direct support professionals; legislative intent.
Section 443.441 - Assessment of sufficient numbers of direct care staff; complaint investigations.
Section 443.443 - Information provided upon application for admission.
Section 443.446 - Residential Care Quality Measurement Program.
Section 443.447 - Quality Measurement Council.
Section 443.448 - Choice of prescription and nonprescription drugs and supplies.
Section 443.449 - Prescription drug packaging.
Section 443.452 - Waiver procedure.
Section 443.455 - Civil penalties; rules.
Section 443.465 - Secure residential treatment homes and facilities; rules.
Section 443.480 - Definitions for ORS 443.480 to 443.500.
Section 443.490 - Waiver of registration.
Section 443.500 - Investigation of registered facilities; access to facilities.
Section 443.705 - Definitions for ORS 443.705 to 443.825.
Section 443.715 - Exclusions from definition of "adult foster home."
Section 443.720 - Findings of Legislative Assembly.
Section 443.725 - License required; on-site provider required; exception; rules.
Section 443.733 - Collective bargaining.
Section 443.734 - Adult foster home license classifications; rules.
Section 443.735 - Issuance of license; fee; standards; renewal; burden of proof; rules.
Section 443.739 - Rights of residents.
Section 443.740 - Information on licensed adult foster homes; availability; content.
Section 443.742 - Annual continuing education requirements; rules.
Section 443.743 - Training in dementia care.
Section 443.745 - Denial, suspension or revocation; conditional license; review.
Section 443.762 - Information provided upon admission.
Section 443.767 - Investigation of complaint; rules.
Section 443.769 - Public disclosure of investigatory information.
Section 443.777 - Prescription drug packaging.
Section 443.780 - Exemption where county has licensing and inspection program.
Section 443.790 - Authority to impose civil penalty; factors to be considered; rules.
Section 443.795 - Civil penalty; notice; hearing.
Section 443.825 - Disposition of penalties recovered.
Section 443.830 - Definitions for ORS 443.830 and 443.835.
Section 443.835 - Certificate required; rules.
Section 443.850 - Definitions for ORS 443.850 to 443.869.
Section 443.860 - License required; rules; fees.
Section 443.869 - Civil penalties.
Section 443.875 - Notice of substantiated abuse.
Section 443.878 - Psychotropic medications; rules.
Section 443.880 - Responsibilities of residential facility regarding property of resident.
Section 443.881 - Transfer of property; undue influence.
Section 443.886 - Memory care endorsement required; standards; fees; rules.
Section 443.887 - Definitions.
Section 443.895 - Exemption from ad valorem property taxation for certain facilities; certification.