(b) The application shall be made after the close of the calendar year for which the average percentage of residents eligible for medical assistance under Medicaid is to be determined.
(2) The application shall be in the form and shall contain the information prescribed by the department, including but not limited to:
(a) The location of the long term care facility; and
(b) A statement of the number of residents of the long term care facility during the previous calendar year and the number of those residents who were eligible for Medicaid.
(3) The department shall act upon an application within 15 days after the date the application has been filed with the department and all requested information has been provided by the applicant.
(4) The department shall certify a long term care facility as an essential community provider long term care facility if the facility:
(a) Is a nursing facility, assisted living facility or residential care facility and has an average residency rate of 50 percent or more who are eligible for Medicaid; or
(b) Is an adult foster home and has an average residency rate of 60 percent or more who are eligible for Medicaid.
(5) The department shall send the certification to the applicant. The certification shall state the tax year for which the certification is valid.
(6) A certification under this section shall be valid for the tax year beginning the July 1 immediately following the calendar year in which the long term care facility met the Medicaid eligibility residency rate set forth in subsection (4) of this section.
(7) As used in this section, "long term care facility" means a nursing facility, assisted living facility, residential care facility or adult foster home as defined in ORS 443.705. [Formerly 443.888]
Note: 443.895 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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.