(a) Describe statewide patterns and trends that emerge from the data reported to the department under subsection (2) of this section and compliance data maintained by the department;
(b) Identify residential care facilities that substantially failed to report data as required by this section;
(c) Allow residential care facilities and the public to compare a residential care facility’s performance on each quality metric, by demographics, geographic region, facility type and other categories the department believes may be useful to consumers and facilities;
(d) Show trends in performance on each of the quality metrics;
(e) Identify patterns of performance by geographic regions and other categories the department believes will be useful to consumers;
(f) Identify the number, severity and scope of regulatory violations by each geographic region; and
(g) Show average timelines for surveys and for investigations of abuse or regulatory noncompliance.
(2) Each residential care facility shall report, no later than January 31 of each year and in the form and manner prescribed by the Quality Measurement Council established under ORS 443.447, the quality metrics developed by the council under ORS 443.447.
(3) The department shall make available an annual report to each residential care facility that reports quality metrics under subsection (2) of this section using data compilation, illustration and narratives to allow the residential care facility to measure and compare its quality metrics over time.
(4) The department shall make available to the public in a standard format and in plain language the data reported by each residential care facility, excluding information that identifies a resident.
(5) The department shall, using moneys from the Quality Care Fund established under ORS 443.001:
(a) Develop online training modules to address the top two statewide issues identified by surveys or reviews of residential care facilities during the previous year; and
(b) Post and regularly update the data used to prepare the report described in subsection (1) of this section.
(6) The Quality Measurement Council, in consultation with the department, shall establish a uniform system for residential care facilities to report quality metrics as required by subsection (2) of this section. The system must:
(a) Allow for electronic reporting of data, to the greatest extent practicable; and
(b) Take into account and utilize existing data reporting systems used by residential care facilities.
(7)(a) Quality metric data reported to the department under this section may not be used as the basis for an enforcement action by the department nor may the data be disclosed to another agency for use in an enforcement or regulatory action.
(b) Quality metric data are not admissible as evidence in any civil action, including but not limited to judicial, administrative, arbitration or mediation proceedings.
(c) Quality metric data reported to the department are not subject to:
(A) Civil or administrative subpoena; or
(B) Discovery in connection with a civil action, including but not limited to judicial, administrative, arbitration or mediation proceedings.
(8) Subsection (7) of this section does not exempt a residential care facility from complying with state law or prohibit the department’s use of quality metric data obtained from another source in the normal course of business or compliance activity. [2017 c.679 §15; 2017 c.679 §17]
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.