A trustee appointed under ORS 441.286:
(1) May exercise any powers and shall perform any duties required by the court.
(2) Shall operate the facility in such a manner as to protect the health and welfare of the patients.
(3) Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for the appointment of the trustee is filed as the person or body legally responsible would have had if the trustee had not been appointed.
(4) Shall take such action as is reasonably necessary to protect and conserve the assets and property the trustee takes in possession, or the proceeds of any transfer thereof, and may use them only in the performance of the powers and duties set forth in this section and by order of the court.
(5) May receive and spend the facility’s income and encumber its assets to the extent specifically authorized by the court and do all acts necessary or appropriate to promote the health and safety of the residents.
(6) Shall have the power to maintain an action to reach the assets of the parent corporation if it appears to the court that the parent corporation is the actual controlling owner of the facility and that the named owner is not in control of the facility.
(7) May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to patients at the time the petition for the appointment of the trustee was filed.
(8) Shall collect payments for all goods and services provided to patients during the period of the trust, at the same rate of payment charged by the facility at the time the petition for the appointment of the trustee was filed, unless a different rate is set by the court.
(9) May correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the health or welfare of the patients while they remain in the facility. However, the total cost of correction shall not exceed $3,000 unless the court orders expenditures for this purpose in excess of $3,000 upon application by the trustee.
(10) May make contracts and hire agents and employees to assist the trustee in carrying out the powers and duties described in this section, subject to approval by the court.
(11) Except as provided in ORS 441.296, shall honor all leases, mortgages and secured transactions governing the building in which this facility is located and all goods and fixtures in the building of which the trustee has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the trust, or which, in the case of a purchase agreement, come due during the period of the trust.
(12) May direct, manage and discharge employees of the facility, subject to any contract rights they may have.
(13) Shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner, operator or other controlling person, except the trustee shall compensate employees only for time actually worked during the period of the trust and shall not be responsible for reimbursement for vacations or periods of sick leave. However, in no case shall a trustee compensate any employee of a facility in an amount which is less than the minimum amount required by law.
(14) Shall be entitled to take possession of all property or assets belonging to patients which are in the possession of the long term care facility.
(15) Shall preserve and protect all property, assets and records of patients of which the trustee takes possession.
(16) Shall, if the facility ceases to operate during the period of the trust and any patient is transferred as a result thereof, ensure that:
(a) Transportation of the patient, the patient’s belongings and the medical record to the new location is provided.
(b) Aid for locating alternative placements is available to the patient or the patient’s legal representative.
(c) Each patient is physically and mentally prepared for transfer to avoid possible trauma due to the transfer.
(d) Each patient or the patient’s legal representative is permitted to participate in the selection of the new placement.
(17) Is an agent of the state for purposes of ORS 30.260 to 30.300 for which the Department of Human Services shall be assessed and the department may use the account established under ORS 441.303 to pay the assessment. [1981 c.868 §4; 1985 c.731 §28; 1987 c.428 §20; 1997 c.249 §140]
Section: Previous 441.270 441.275 441.277 441.280 441.281 441.285 441.286 441.289 441.290 441.293 441.295 441.296 441.300 441.301 441.303 NextLast modified: August 7, 2008