Oregon Statutes - Chapter 443 - Home Health Agencies; Residential Facilities; Hospice Programs

• 443.005   Definitions for ORS 443.005 to 443.095.
  As used in ORS 443.005 to 443.095: (1) “Department” means the Department of Human Services. (2) “Home health agency” means a public or private agency...
• 443.010   [Amended by 1963 c.164 §1; repealed by 1969 c.641 §19]
• 443.015   License required; renewal, transferability of license.
  No public or private agency or person shall establish, conduct or maintain a home health agency or organization providing home health services for compensation, or...
• 443.020   [Amended by 1957 c.697 §4; 1961 c.316 §10; 1967 c.89 §6; repealed by 1969 c.641 §19]
• 443.025   Hospitals exempt from certain requirements if standards are met.
  Any hospital licensed under ORS 441.015 may provide home health services without paying a separate licensing fee and without maintaining a separate governing body and...
• 443.030   [Repealed by 1969 c.641 §19]
• 443.035   License fees; renewal; disposition of funds.
  (1) The Department of Human Services may grant a license to a home health agency for a calendar year, may annually renew a license and...
• 443.040   [Repealed by 1969 c.641 §19]
• 443.045   Denial, suspension and revocation of licenses.
  (1) The Department of Human Services may deny, suspend or revoke the license of any home health agency for failure to comply with ORS 443.005...
• 443.050   [Repealed by 1969 c.641 §19]
• 443.055   Governing body of home health agencies.
  A home health agency shall have an organized governing body, or, if a subdivision of a public or private agency or a multifunction organization, a...
• 443.060   [Amended by 1963 c.164 §2; repealed by 1969 c.641 §19]
• 443.065   General requirements for home health agencies.
  The home health agency shall: (1) Be primarily engaged in providing skilled nursing services and at least one other service delineated in ORS 443.075 (2)...
• 443.075   Services and supplies prescribed by physician or nurse practitioner.
  The following services and supplies may be prescribed by a physician or a nurse practitioner in accordance with a plan of treatment which must be...
• 443.085   Rules.
  The Department of Human Services shall adopt rules relating to the home health agencies licensed under ORS 443.005 to 443.095, governing: (1) The qualifications of...
• 443.090   Exemption from in-home care agency licensing requirements.
  Notwithstanding ORS 443.305 to 443.350, a home health agency licensed under ORS 443.015 that provides personal care services that are necessary to assist an individual...
• 443.095   Applicability of laws to domestic service.
  No provision of ORS 443.005 to 443.095 shall be construed to prevent repair or domestic services by any person. [1977 c.738 §10; 2005 c.22 §304]...
• 443.205   Definitions for ORS 443.215 and 443.225.
  As used in ORS 443.215 and 443.225, “domiciliary care facilities” means facilities providing residential care to adults, including adult foster homes, group care facilities or...
• 443.210   [1953 c.659 §1; 1965 c.230 §1; 1973 c.285 §8; repealed by 1977 c.717 §23]
• 443.215   Policy.
  (1) The Legislative Assembly recognizes the importance of providing a high quality of domiciliary care facilities throughout the State of Oregon. (2) It is the...
• 443.220   [1953 c.659 §2; 1971 c.650 §21; 1973 c.285 §9; repealed by 1977 c.717 §23]
• 443.225   Location and capacity of domiciliary care facilities.
  (1) Except as otherwise provided by subsections (3) and (4) of this section, the capacity of all domiciliary care facilities must be located throughout the...
• 443.230   [1953 c.659 §3; 1973 c.285 §10; repealed by 1977 c.717 §23]
• 443.240   [1953 c.659 §§4,5; 1973 c.285 §11; repealed by 1977 c.717 §23]
• 443.250   [1953 c.659 §6; 1961 c.316 §11; 1967 c.89 §7; 1973 c.285 §12; repealed by 1977 c.717 §23]
• 443.260   [1953 c.659 §7; 1961 c.316 §12; 1967 c.89 §8; 1973 c.285 §13; repealed by 1977 c.717 §23]
• 443.270   [1953 c.659 §8; repealed by 1973 c.285 §19]
• 443.280   [1953 c.659 §9; 1973 c.285 §14; repealed by 1977 c.717 §23]
• 443.290   [1953 c.659 §10; 1973 c.285 §15; repealed by 1977 c.717 §23]
• 443.300   [1953 c.659 §11; 1973 c.285 §16; repealed by 1977 c.717 §23]
• 443.305   Definitions for ORS 443.305 to 443.350.
  As used in ORS 443.305 to 443.350: (1) “In-home care agency” means an agency primarily engaged in providing in-home care services for compensation to an...
• 443.310   [1953 c.659 §12; 1973 c.285 §17; repealed by 1977 c.717 §23]
• 443.315   License required; application; rules; fees.
  (1) A person may not operate or maintain an in-home care agency or purport to operate or maintain an in-home care agency without obtaining a...
• 443.320   [1953 c.659 §13; repealed by 1971 c.734 §21]
• 443.325   Grounds for denial, suspension or revocation of license; penalties.
  The Department of Human Services may impose a civil penalty in the manner provided in ORS 183.745 and deny, suspend or revoke the license of...
• 443.327   Injunctive relief; attorney fees and costs; notice to clients.
  (1) Notwithstanding the existence and pursuit of any other remedy, the Department of Human Services may, in the manner provided by law, maintain an action...
• 443.330   [1953 c.659 §15; 1973 c.285 §18; repealed by 1977 c.717 §23]
• 443.335   [1971 c.734 §60; repealed by 1977 c.717 §23]
• 443.340   Rules.
  The Department of Human Services shall adopt administrative rules necessary for the implementation and administration of ORS 443.305 to 443.350. These rules shall include, but...
• 443.345   Disposition of moneys.
  All moneys received pursuant to ORS 443.315, 443.325 and 443.327 shall be deposited in the State Treasury and credited to an account designated by the...
• 443.350   Applicability.
  The provisions of ORS 443.305 to 443.350 do not apply to organizations licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725, 443.860 or...
• 443.400   Definitions for ORS 443.400 to 443.455.
  As used in ORS 443.400 to 443.455 and 443.991 (2), unless the context requires otherwise: (1) “Department” means the Department of Human Services. (2) “Director”...
• 443.405   Exclusions from definition of “residential facility.”
  For purposes of ORS 443.400 to 443.455 and 443.991 (2), “residential facility” does not include: (1) A residential school; (2) A state or local correctional...
• 443.410   License required.
  A license issued by the Department of Human Services is required in order to operate or maintain any residential facility for persons who have developmental,...
• 443.415   License applications; fee; investigations; grounds for issuance and denial of license.
  (1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services on forms provided for that...
• 443.420   Qualifications for license.
  (1) A person applying for a license under ORS 443.415 must, in the judgment of the Director of Human Services, be a person: (a) Who...
• 443.422   Siting of licensed residential facilities.
  (1) To prevent the perpetuation of segregated housing patterns, the Department of Human Services shall determine the location and type of licensed residential facilities and...
• 443.425   License term; contents; renewal; fee.
  (1) Licensure under ORS 443.415 is effective for two years from the date of issue unless sooner revoked. Each license shall state the name of...
• 443.430   Transferability of license; disposition of license fees.
  (1) No license under ORS 443.415 is transferable or applicable to any location, residential facility or management other than that indicated on the application for...
• 443.435   Inspection of facilities.
  The Director of Human Services or authorized representative shall periodically visit and inspect every residential facility to determine whether it is maintained and operated in...
• 443.437   Choice of prescription and nonprescription drugs and supplies.
  (1) As used in this section, “supplier” includes an authorized representative of the patient who purchases nonprescription medication or nonprescription sickroom supplies at retail. (2)...
• 443.440   Revocation and suspension of licenses; procedure.
  The Department of Human Services may revoke or suspend the license of any residential facility that is not operated in accordance with ORS 443.400 to...
• 443.445   Persons admissible at facilities and homes; transfer of persons requiring certain treatment; operation of facilities by persons relying on spiritual means for healing.
  (1) No residential facility or home shall admit individuals who require continuous nursing care except as provided in subsection (3) of this section. (2) Except...
• 443.450   Rules.
  (1) The Director of Human Services shall adopt rules governing: (a) The physical properties of the residential facility; (b) Storage, preparation and serving of food;...
• 443.452   Waiver procedure.
  (1) The director shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if: (a) Each resident...
• 443.455   Civil penalties; rules.
  For purposes of imposing civil penalties, residential facilities approved under ORS 443.400 to 443.455 are considered to be long-term care facilities, subject to ORS 441.705...
• 443.460   Exemptions.
  (1) The director may exempt from the license, inspection and fee provisions of ORS 443.400 to 443.455 residential care facilities in those counties where there...
• 443.475   [1977 c.284 §2; repealed by 1983 c.47 §3]
• 443.480   Definitions for ORS 443.480 to 443.500.
  As used in ORS 443.480 to 443.500: (1) “Elderly” means an individual who is 62 years of age or older. (2) “Disability” means a physical...
• 443.485   Registration required; fee; rules; civil penalty; grounds for suspension or revocation of registration.
  (1) Subject to ORS 443.490, any person who offers to the general public residential facilities and meals for compensation to two or more adults who...
• 443.490   Waiver of registration.
  Any county or city that requires registration or licensure in the manner described in ORS 443.485, whether or not a fee is required, may request...
• 443.495   Exemptions.
  Nothing in ORS 443.480 to 443.500 applies to: (1) Any facility operated by an institution of higher education. (2) Any private room and board facility...
• 443.500   Investigation of registered facilities; access to facilities.
  (1) The Department of Human Services staff shall be permitted access to enter and investigate complaints of abuse in all facilities registered under ORS 443.480...
• 443.510   [1981 c.427 §1; 1989 c.224 §98; repealed by 1989 c.564 §12]
• 443.520   [1981 c.427 §2; 1989 c.224 §99; repealed by 1989 c.564 §12]
• 443.530   [1981 c.427 §3; repealed by 1989 c.564 §12]
• 443.540   [1981 c.427 §4; repealed by 1989 c.564 §12]
• 443.550   [1981 c.427 §5; repealed by 1989 c.564 §12]
• 443.580   [1983 c.293 §1; 1989 c.224 §100; repealed by 1989 c.564 §12]
• 443.590   [1983 c.293 §2; 1989 c.224 §101; repealed by 1989 c.564 §12]
• 443.600   [1983 c.293 §3; 1985 c.544 §1; repealed by 1989 c.564 §12]
• 443.610   [1987 c.351 §1; 1989 c.224 §102; repealed by 1989 c.564 §12]
• 443.620   [1987 c.351 §2; repealed by 1989 c.564 §12]
• 443.630   [1987 c.351 §3; repealed by 1989 c.564 §12]
• 443.640   [1987 c.351 §4; repealed by 1989 c.564 §12]
• 443.705   Definitions for ORS 443.705 to 443.825.
  As used in ORS 443.705 to 443.825: (1) “Adult foster home” means any family home or facility in which residential care is provided in a...
• 443.715   Exclusions from definition of “adult foster home.”
  For purposes of ORS 443.705 to 443.825, “adult foster home” does not include: (1) Any house, institution, hotel, or other similar place that supplies board...
• 443.720   Findings of Legislative Assembly.
  (1) The Legislative Assembly finds that: (a) Adult foster homes provide needed care and services to thousands of Oregonians who are elderly or have disabilities...
• 443.725   License required; on-site provider required; exception; rules.
  (1) Every provider of adult foster care must be licensed with the Department of Human Services before opening or operating an adult foster home caring...
• 443.730   Information regarding substitute caregivers required; standards; educational requirements; rules.
  (1) The provider shall furnish the names, addresses and telephone numbers of the substitute caregivers employed or used by the provider to the Department of...
• 443.733   Collective bargaining.
  (1) As used in this section, “adult foster care home provider” means a person who operates an adult foster home in the provider’s home and...
• 443.735   Issuance of license; fee; standards; renewal; burden of proof; rules.
  (1) Applications for a license to maintain and operate an adult foster home shall be made on forms provided by the Department of Human Services....
• 443.738   Educational standards for providers, managers and caregivers; rules; exception; duties of providers.
  (1) Except as provided in subsection (3) of this section, all providers, resident managers and substitute caregivers for adult foster homes shall satisfactorily meet all...
• 443.739   Rights of residents.
  Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy...
• 443.740   Information on licensed adult foster homes; availability; content.
  (1) The Department of Human Services shall maintain current information on all licensed adult foster homes and shall make that information available to prospective residents...
• 443.742   Annual continuing education requirements; rules.
  (1) The Department of Human Services shall require all providers and resident managers to complete annually 12 hours of continuing education approved by the department,...
• 443.745   Denial, suspension or revocation; conditional license; review.
  (1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the Department of Human Services of any of the...
• 443.755   Entry and inspection of homes; access to residents; inspection report; fire inspection.
  (1) The Department of Human Services staff shall be permitted access to enter and inspect all licensed adult foster homes. The department shall be permitted...
• 443.760   Application of single family dwelling code requirements to home; rules; evacuation requirement; lease rate.
  (1) Adult foster homes that are certified as residential homes as defined in ORS 197.660 shall meet all state and local building, sanitation, utility and...
• 443.765   Complaint procedure; retaliation prohibited; notice of rates and rules; liability for complaints.
  (1) Complaints against adult foster homes may be filed with the Department of Human Services by any person, whether or not a resident of the...
• 443.767   Investigation of complaint; rules.
  (1) When the Department of Human Services receives a complaint that alleges that a resident of a licensed adult foster home has been injured, abused...
• 443.775   Rules; level of care; exception to limit on residents with nursing care needs; reports on exceptions; provider duties; enforcement; civil penalties.
  (1) The Department of Human Services shall adopt rules governing adult foster homes and the level of care provided in such homes, including the provision...
• 443.780   Exemption where county has licensing and inspection program.
  (1) The Director of Human Services may exempt from the license, inspection and fee provisions of ORS 443.705 to 443.825 adult foster homes in those...
• 443.785   Admission of Medicaid recipients.
  The Department of Human Services may not require an adult foster home that elects to provide care for a Medicaid recipient to admit an additional...
• 443.790   Authority of director to impose civil penalty; factors to be considered; rules.
  (1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person...
• 443.795   Civil penalty; notice; hearing.
  (1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice...
• 443.805   [1987 c.431 §7; repealed by 1991 c.734 §122]
• 443.815   Judicial review of penalties.
  Judicial review of civil penalties imposed under ORS 443.790 shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce...
• 443.825   Disposition of penalties recovered.
  All penalties recovered under ORS 443.790 to 443.815 shall be paid into the State Treasury and credited to the General Fund and are available for...
• 443.830   Definitions for ORS 443.830 and 443.835.
  As used in this section and ORS 443.835: (1) “Child” means a person for whom developmental disability services are planned and provided and who is:...
• 443.835   Certificate required; rules.
  (1) A person may not operate a developmental disability child foster home without having a certificate issued by the Department of Human Services. (2) A...
• 443.850   Definitions for ORS 443.850 to 443.870.
  As used in ORS 443.850 to 443.870: (1) “Hospice program” means a coordinated program of home and inpatient care, available 24 hours a day, that...
• 443.860   Certification or accreditation required; exception.
  (1) Except as provided in subsections (3) and (4) of this section, no person shall establish, conduct or maintain a hospice program providing hospice services,...
• 443.865   Enforcement; rules; civil penalties.
  (1) Upon the recommendation of the Oregon Hospice Association, the Department of Human Services shall enforce compliance with the provisions of ORS 443.860 (1), (3),...
• 443.870   Hospice program registry.
  (1) The Oregon Hospice Association shall maintain and operate a registry of all certified and accredited hospice programs and all developing hospice programs and shall...
• 443.880   Responsibilities of residential facility regarding property of resident.
  (1) The admission of a person to a residential facility shall not act to create in the facility, its owner, administrator or employee any authority...
• 443.881   Transfer of property; undue influence.
  (1) No owner, employee or administrator of a residential facility as defined by ORS 443.880 shall cause any person who is a resident of the...
• 443.885   Registration of certain facilities.
  Any facility that provides care for patients or residents with Alzheimer’s disease or other dementia by means of an Alzheimer’s care unit must register with...
• 443.886   Special indorsement required; standards; fees; rules.
  (1) If a facility intends to provide care for patients or residents with Alzheimer’s disease or other dementia by means of an Alzheimer’s care unit,...
• 443.888   Exemption from ad valorem property taxation for certain facilities; certification.
  (1)(a) The owner of a long term care facility seeking to have the facility be exempt from ad valorem property taxation under ORS 307.811 shall...
• 443.990   [Subsection (2) enacted as 1953 c.659 §14; 1969 c.641 §17; repealed by 1977 c.717 §23]
• 443.991   Penalties.
  (1) Violation of ORS 443.015 is punishable as a Class C misdemeanor. (2) Violation of any provision of ORS 443.400 to 443.455 is a Class...

Last modified: August 7, 2008