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Section 441.015 - Licensing of facilities and health maintenance organizations; compliance with rules and standards. - (2) Any health care facility or health maintenance organization which...
Section 441.020 - Application; fees; rules. - (2) Licenses for long term care facilities must be obtained...
Section 441.021 - Additional fees for investigation and compliance activities. - (a) Complaint investigation, in an amount not to exceed $850....
Section 441.025 - License issuance; rules; renewal; disclosure; transfer; posting. - (b) The authority shall, following payment of the fee, annually...
Section 441.026 - Licensing of extended stay centers; rules. - (a) "Extended stay center" means a facility that provides extended...
Section 441.030 - Denial, suspension or revocation of licenses; restrictions on admission; penalties. - (2) The authority may: (a) Assess a civil penalty or...
Section 441.037 - Hearings; procedures; judicial review. - (2) Adoption of rules, conduct of hearings, issuance of orders...
Section 441.038 - Additional remedies. - (2) Notwithstanding the existence and pursuit of any other remedy,...
Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules. - (2) A health care facility, or person acting in the...
Section 441.046 - Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident; rules. - (a) The Long Term Care Ombudsman, the Department of Human...
Section 441.047 - Requirement to provide resident with information about Long Term Care Ombudsman services. - Note: 441.047 was added to and made a part of...
Section 441.048 - Discrimination based on execution of POLST, advance directive or similar instruction prohibited. - (a) "Advance directive" has the meaning given that term in...
Section 441.049 - Support persons for patients with disabilities. - (a) "Hospital" has the meaning given that term in ORS...
Section 441.051 - Discharge of patient to care of lay caregiver. - (a) "Aftercare" includes all of the following: (A) Assistance with...
Section 441.053 - Release of patient presenting with behavioral health crisis. - (a) "Behavioral health crisis" means a disruption in an individual’s...
Section 441.054 - Discharge of patients receiving mental health treatment. - (a) "Discharge" means the release of a patient from a...
Section 441.055 - Health care facility medical staff and bylaws; rules. - (a) Ensure that all health care personnel for whom state...
Section 441.056 - Credentialing telemedicine providers; rules. - (2) The rules adopted by the authority under subsection (1)...
Section 441.060 - Inspections; approval of plans and specifications; rules; fees. - (2) The authority and the Department of Human Services may...
Section 441.061 - Delegation of health inspections to local public health authorities; financial assistance. - (2) Pursuant to an agreement as provided in subsection (1)...
Section 441.062 - Coordination of inspections; rules. - (2) Whenever possible, the authority and the department shall avoid...
Section 441.064 - Use of facilities by nurse practitioners and physician assistants; rules regarding privileges and credentialing. - (a) "Nurse practitioner" has the meaning given that term in...
Section 441.065 - Exemption of certain religious institutions. - (2) To qualify under subsection (1) of this section, a...
Section 441.067 - Inspection reports, complaint procedures and rules; posting. - (a) The most recent inspection report conducted by the department...
Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting. - (2) The department may grant variances in the staffing requirements...
Section 441.077 - Revocation of license and other penalties for imposing restrictions upon certain physicians; construction of section. - (2) Nothing in this section is intended to limit the...
Section 441.078 - Disability discrimination prohibited in provision or insurance coverage of organ transplantation. - (a) "Auxiliary aids and services" means: (A) Qualified interpreters or...
Section 441.079 - Eye, organ and tissue transplants. - (a) "Entity" means an individual, corporation, business trust, partnership, limited...
Section 441.082 - Registration of organ procurement organization, tissue bank and eye bank; rules; penalties. - (2) An organ procurement organization, tissue bank or eye bank...
Section 441.083 - Drug information to be provided patients of long term and intermediate care facilities. - (a) Name of the drug; (b) Amount paid by the...
Section 441.084 - Choice of patient on suppliers of drugs and supplies. - (2) A patient in a long term care facility or...
Section 441.086 - Ambulatory surgical centers; rules. - (2) An ambulatory surgical center shall post a notice in...
Section 441.087 - General inspection of long term care facility. - (2) Any state employee giving advance notice in violation of...
Section 441.094 - Denial of emergency medical services because of inability to pay prohibited. - (2) No officer or employee of a hospital licensed by...
Section 441.096 - Identification badges. - (2) A health care facility shall develop policies that specify...
Section 441.098 - Health practitioner referral of patient to treatment or diagnostic testing facility; definitions for ORS 441.098, 441.099 and 441.991; rules. - (a) "Facility" means a hospital, outpatient clinic owned by a...
Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098. - (2) The Health Licensing Office or the appropriate health professional...
Section 441.101 - Safeguards for protected health information; rules. - (2) A health care facility shall file with the Oregon...
Section 441.151 - "Hospital" defined for ORS 441.152 to 441.177. - Note: 441.151 was enacted into law by the Legislative Assembly...
Section 441.152 - Nurse Staffing Advisory Board. - (b) Of the 12 members of the board: (A) Six...
Section 441.154 - Hospital nurse staffing committee. - (A) Consist of an equal number of hospital nurse managers...
Section 441.155 - Written staffing plan for nursing services. - (2) The staffing plan: (a) Must be based on the...
Section 441.156 - Annual review of nurse staffing plan. - (a) At least once every year; and (b) At any...
Section 441.157 - Audits. - (2) When conducting an audit pursuant to this section, the...
Section 441.164 - Variances to staffing plan requirements. - Note: See note under 441.152.
Section 441.165 - Modification of nurse staffing plan in case of emergency or epidemic. - (2) Notwithstanding ORS 441.155 and 441.156, a hospital is not...
Section 441.166 - Need for replacement staff. - (2) When a hospital learns about the need for replacement...
Section 441.168 - Leaving a patient care assignment. - Note: See note under 441.152.
Section 441.169 - Public notice. - Note: See note under 441.152.
Section 441.171 - Complaint investigations. - (a) Within 60 days after receiving a complaint against a...
Section 441.173 - Hospital to maintain records; rules. - Note: See note under 441.152.
Section 441.175 - Civil penalties; suspension or revocation of license; rules; records. - (2) The authority shall maintain for public inspection records of...
Section 441.177 - Posting of audit reports and civil penalties. - (1) Reports of audits described in ORS 441.157; (2) Any...
Section 441.179 - Definitions for ORS 441.179 to 441.186. - (1) "Affiliated hospital" means a hospital that has a business...
Section 441.181 - Retaliation prohibited. - (a) Discloses or intends to disclose to a manager, a...
Section 441.183 - Remedies for retaliation. - (2) In an action brought under subsection (1) of this...
Section 441.184 - Unlawful employment practices; civil action for retaliation. - (2) A nursing staff claiming to be aggrieved by an...
Section 441.185 - Hospital posting of notice. - (2) Any hospital that willfully violates this section is subject...
Section 441.186 - Rights, privileges or remedies of nursing staff. - (2) ORS 441.183 and 441.184 provide the only remedies under...
Section 441.192 - Notice of employment outside of hospital. - (2) If a hospital determines that the outside employment causes...
Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms. - (a) Three members who are health care practitioners licensed by...
Section 441.222 - Committee recommendations. - (a) The content and format of a credentialing application form;...
Section 441.223 - Implementation of committee recommendations; rules. - (a) Adopt administrative rules in a timely manner, as required...
Section 441.277 - Definitions for ORS 441.277 to 441.323. - (1) "Facility" means a long term care facility as defined...
Section 441.281 - Petition for appointment of trustee; hearing; order. - (2) The court shall hold a hearing on a petition...
Section 441.286 - Grounds for appointment of trustee. - (1) Prior inspections or investigations of complaints by the Department...
Section 441.289 - Powers and duties of trustee. - (1) May exercise any powers and shall perform any duties...
Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment. - (2) The trustee may bring an action to enforce the...
Section 441.296 - Liability for rent or contracts. - (2) If the trustee is in possession of real estate...
Section 441.303 - Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees. - (a) The reasonable expenses of a trustee appointed under ORS...
Section 441.309 - Trustee as public employee. - (2) A trustee may be held liable in a personal...
Section 441.316 - Termination of trust; extension; license revocation. - (2) At the expiration of the period for which the...
Section 441.318 - Trustee accounting; deficiencies; lien. - (2)(a) If the funds collected by the trustee under ORS...
Section 441.323 - Effect of trust or temporary management on prior obligations or civil or criminal liabilities. - (a) To relieve any licensee of the facility placed in...
Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341. - Note: 441.331 to 441.341 were enacted into law by the...
Section 441.333 - Appointment of temporary manager. - (a) The facility’s unwillingness or inability to comply with department...
Section 441.336 - Accounting by temporary manager; deficiencies; lien. - (2) If a facility’s income or assets are insufficient to...
Section 441.338 - Temporary manager as agent of state agency. - Note: See note under 441.331.
Section 441.341 - Rules. - Note: See note under 441.331.
Section 441.355 - MOVES FROM LONG TERM
Section 441.357 - Definitions for ORS 441.357 to 441.367. - (1) "Informed written consent" means voluntary consent in writing given...
Section 441.362 - Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent. - (2) Written notice in accordance with this section shall be...
Section 441.367 - Facility required to give notice of base rate and policy on nonpayment; rules; notice of changes; civil penalty. - (a) The base daily rate and any additional expenses reasonably...
Section 441.373 - Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime. - (a) "Adult foster home" has the meaning given that term...
Section 441.402 - Definitions for ORS 441.402 to 441.419. - (1) "Administrative action" means any action, inaction or decision made...
Section 441.403 - Office of Long Term Care Ombudsman; terms; appointment; confirmation; qualifications. - (2) The Long Term Care Ombudsman may be removed for...
Section 441.406 - Duties of ombudsman; rules. - (a) Investigate and resolve complaints made by or for residents...
Section 441.407 - Procedures to maintain confidentiality. - (1) The ombudsman or a designee may not disclose the...
Section 441.408 - Right of entry into facilities and access to records. - (a) Investigating and resolving complaints made by residents or made...
Section 441.409 - Report after investigation; referral to other agencies. - (2) Programs that promote the safety or emotional or physical...
Section 441.411 - Notice of complaint procedures; posting. - (2) The administrator of each long term care facility shall...
Section 441.412 - Immunity of employees. - (2) Any employee or agent who makes a report pursuant...
Section 441.413 - Appointment of designees; qualifications; duties. - (a) The area agency, as defined in ORS 410.040. (b)...
Section 441.416 - Residential Ombudsman and Public Guardianship Advisory Board; appointment; confirmation; term; qualifications. - (a) One person appointed by the Speaker of the House...
Section 441.417 - Duties. - (1) Monitor the Long Term Care Ombudsman Program. (2) Advise...
Section 441.418 - Appeal to Residential Ombudsman and Public Guardianship Advisory Board. - (2) The board on its own motion may review any...
Section 441.515 - FINANCING OF HEALTH CARE
Section 441.525 - Definitions for ORS 441.525 to 441.595. - (1) "Adult congregate living facility" means any institution, building or...
Section 441.535 - Procedure to create public authority. - (2) If the governing body, after public hearing according to...
Section 441.540 - Board of directors; rules; conflict of interest; quorum; personnel. - (2) The board of directors shall adopt and may amend...
Section 441.550 - General powers. - (1) To sue and be sued in its own name....
Section 441.555 - Issuance of revenue obligations; nature of obligation; refunding. - (2) The authority shall issue revenue obligations only by bond...
Section 441.595 - Construction of ORS 441.525 to 441.595. - Note: Sections 1 and 6, chapter 616, Oregon Laws 2021,...
Section 441.600 - Definitions for ORS 441.600 to 441.625. - (1) "Department" means the Department of Human Services. (2) "Facility"...
Section 441.605 - Legislative declaration of rights intended for residents. - (1) Fully informed of all resident rights and all facility...
Section 441.610 - Nursing home patients’ bill of rights; rules. - (2) The department shall periodically review the rules to assure...
Section 441.612 - Additional rights; rules. - (2) The rights adopted by the department pursuant to subsection...
Section 441.615 - Powers and responsibilities of department; rules. - (1) To inspect any facility and the records of any...
Section 441.624 - Purpose. - (2) It is legislative intent that: (a) The Department of...
Section 441.630 - Definitions for ORS 441.630 to 441.680. - (1) "Abuse" means: (a) Any physical injury to a resident...
Section 441.637 - Rules; submission of rules to advisory group. - (2) Prior to proceeding with the procedures for notice prescribed...
Section 441.640 - Report of suspected abuse of resident required. - (2) A Long Term Care Ombudsman or a designee of...
Section 441.645 - Oral report to area agency on aging, department or law enforcement agency. - (2) When a report is received by the area agency...
Section 441.650 - Investigation of abuse complaint; initial status report; content; distribution of report; duties of investigator; investigation report. - (a) Within two hours, if the complaint alleges that a...
Section 441.655 - Immunity for reporter of abuse. - (2) Anyone who makes a report pursuant to ORS 441.630...
Section 441.659 - Disclosure of protected health information to law enforcement. - (a) Permit the law enforcement agency to inspect and copy,...
Section 441.660 - Photographing resident; photograph as record. - (2) Notwithstanding the provisions of ORS 192.311 to 192.478, photographs...
Section 441.665 - Record of reports; classification of investigation report. - (2) All reports shall be cataloged under the name of...
Section 441.671 - Confidentiality of reports; when available. - (2) Notwithstanding subsection (1) of this section, the Department of...
Section 441.674 - Specified evidentiary privileges inapplicable. - (2) In any judicial proceedings resulting from a report made...
Section 441.676 - Investigation of licensing violations; powers of investigator. - (2) Except in cases where the investigation is part of...
Section 441.677 - Letter of determination; determination rules; distribution of letter; notice to nursing assistant; right to contested case hearing; rules. - (2) A copy of the letter of determination shall be...
Section 441.678 - Review of finding that nursing assistant responsible for abuse; name placed in registry. - (2) If a nursing assistant is found to be responsible...
Section 441.679 - Preemployment inquiries; when employment prohibited. - (2) A facility shall not employ or retain in employment...
Section 441.685 - Monitors; designation; duties; peer review of facilities. - (2) The monitors shall have access to the facilities to...
Section 441.695 - Conduct of investigation. - (1) Interview all available witnesses identified by any sources as...
Section 441.697 - Prescribed drug supply for unscheduled therapeutic leave from long term care facility; dispensing of drugs by registered nurse. - (2) The drugs shall only be provided in accordance with...
Section 441.700 - Access to facilities by persons providing services. - (a) Visit, talk with and make personal, social and legal...
Section 441.703 - Complaint file; summary; availability on request. - (a) The complaint file number. (b) The category of the...
Section 441.705 - Definitions for ORS 441.705 to 441.745. - (1) "Direct patient care or feeding" means any care provided...
Section 441.710 - Civil penalties; when imposed. - (A) Violation of any of the terms or conditions of...
Section 441.712 - Notice of civil penalty. - (2) Notwithstanding ORS 183.745, the person to whom the notice...
Section 441.715 - Criteria for civil penalties; rules. - (2) After public hearing, the Director of Human Services by...
Section 441.720 - Remittance or reduction of penalties. - Note: See note under 441.705.
Section 441.726 - Progressive enforcement process. - (2) The department may, as appropriate, use a progressive enforcement...
Section 441.731 - Civil penalties. - (2)(a) When imposing a civil penalty on a residential care...
Section 441.736 - License conditions. - (a) "Immediate jeopardy" means a situation in which the failure...
Section 441.740 - Judicial review. - Note: See note under 441.705.
Section 441.745 - Penalties to Quality Care Fund. - Note: See note under 441.705. Note: Sections 2 and 6,...
Section 441.750 - Suicide attempts by minors; referral; report; disclosure of information; limitation of liability. - (a) Shall cause that person to be provided with information...
Section 441.755 - Report form; contents. - (2) The report form may include the name of the...
Section 441.815 - Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules. - (a) "Hospital" has the meaning given that term in ORS...
Section 441.816 - Influenza vaccines for patients 65 years of age or older; rules. - (2) Offers made under subsection (1) of this section must...
Section 441.820 - Procedure for termination of physician’s privilege to practice medicine at health care facility; immunity from damage action for good faith report. - (2) A health care facility which reports or provides information...
Section 441.825 - Authority of hospital to require medical staff to provide professional liability insurance. - (a) Provide evidence of professional medical liability insurance in a...
Section 441.990 - Civil and criminal penalties. - (2) Any person who willfully prevents, interferes with, or attempts...
Section 441.991 - Civil penalty for violation of ORS 441.098. - Note: 441.991 was enacted into law by the Legislative Assembly...
Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049. - (2) Moneys received under this section shall be paid into...