The licensee must support a resident's choice to remain in his or her living
environment, while recognizing that some residents may no longer be appropriate
for the adult foster care setting due to safety and medical limitations.
If a resident moves, or intends to move,
out of an AFH for any reason, the licensee must cooperate with the potential
licensee's or administrator's screening and assessment activities as directed
by the resident or the resident's representative and submit copies of pertinent
information from the resident's record to the resident's new place of residence
at the time of move. Pertinent information must include, at a minimum:
(A) Copies of current prescribing medical
practitioner's orders for medications, current medication sheets, an updated
care plan, including the elements of any person-centered service plan, and any
documentation of limitations.
Documentation of actions taken by the AFH staff, resident, or the resident's
representative pertaining to the move or transfer.
(b) A licensee must immediately document
voluntary and involuntary moves or transfers from the AFH in the resident's
record as events take place.
VOLUNTARY MOVES AND TRANSFERS. If a
resident eligible for Medicaid services or the resident's representative gives
notice of the resident's intent to leave the AFH, or the resident leaves the
home abruptly, the licensee must promptly notify the resident's case manager
and the LLA.
A licensee must obtain prior
authorization from the resident, the resident's representative, and case
manager, as applicable, before the resident's:
(A) Voluntary move from one bedroom to
another in the AFH;
transfer from one AFH to another home that has a license issued to the same
(C) Voluntary move to
any other location.
Notifications and authorizations of voluntary moves and transfers must be
documented and available in the resident's record.
(c) The licensee remains responsible for the
provision of care and services until the resident has moved from the
MOVES AND TRANSFERS. A resident may only be moved involuntarily to another room
within the AFH, transferred to another AFH operated by the same licensee for a
temporary or permanent stay, or moved from the AFH for the following reasons:
(a) Medical reasons. The resident has a
medical or nursing condition that is complex, unstable, or unpredictable that
exceeds the level of care and services the facility provides.
The AFH is unable to accomplish
evacuation of the AFH in accordance with OAR 411-050-0725
Welfare of the resident or other
residents, including if the resident:
Exhibits behavior that poses an imminent danger to self or others, including
acts that result in the resident's arrest or detention;
(B) Engages in behavior or action that
repeatedly and substantially interfere with the rights, health, or safety of
the residents or others; or
Engages in illegal drug use or commits a criminal act that causes potential
harm to the resident or others.
(d) Failure to make payment for care or
failure to make payment for room and board.
(e) The AFH license was revoked, not renewed,
the license was voluntarily surrendered, or the home was voluntarily
(f) The home was not
notified before the resident's admission, or learns following the resident's
admission, that the resident is on probation, parole, or post-prison
supervision after being convicted of a sex crime defined in ORS
(g) The licensee's Medicaid Provider
Enrollment Agreement is terminated.
(h) The specialized contract for a Medicaid
eligible resident is terminated.
(i) The resident engages in the use of legal
medical marijuana, recreational marijuana, or both, in violation of the home's
written policies or contrary to Oregon Law under ORS chapter 475B, Cannabis
(j) Related to
non-payment if the resident repeatedly refuses a roommate without good cause
after the resident or resident's representative has signed a residency
agreement stating a willingness to share a bedroom. For purposes of this rule,
"good cause" means there is a reasonable belief that the individual's physical,
emotional, or mental well-being will suffer or be harmed.
MANDATORY WRITTEN NOTICE FOR INVOLUNTARY
MOVES. A resident may not be moved involuntarily from the AFH, to another room
within the AFH, or transferred to another AFH for a temporary or permanent stay
without a minimum of 30 calendar days' written notice. The notice must be
delivered in person to the resident and must be delivered in person or sent by
registered or certified mail to the resident's representative, guardian, or
conservator, and a copy must be immediately submitted to the LLA, and to the
resident's case manager, as applicable. Where a resident lacks capacity and
there is no representative, a copy of the notice must be immediately submitted
to the State Long Term Care Ombudsman. The written notice must:
(a) Be on the Department's Notice of
Involuntary Move or Transfer of Resident form (SDS 901).
(b) Be completed in full by the
30 DAYS' WRITTEN NOTICE. A licensee or administrator may give less than 30
calendar days' written notice in specific circumstances as identified in
paragraphs (a) to (c) below, but must do so as soon as possible using the
Department's Notice of Involuntary Move or Transfer of Resident form (SDS 901).
The notice must be given in person to the resident, the resident's
representative, guardian, conservator, and a copy must be immediately submitted
to the LLA, and to the resident's case manager, as applicable. The reasons for
the notice must be fully documented in the resident's record. The licensee
remains responsible for the provision of care and services until the resident
has moved from the home. A licensee may give less than 30 calendar days' notice
Undue delay in moving the
resident would jeopardize the health, safety, or well-being of the resident,
(A) The resident has a medical
emergency that requires the immediate care of a level or type the AFH is unable
(B) The resident
exhibits behavior that poses an immediate danger to self or others.
(b) The resident is hospitalized
or is temporarily out of the home and the licensee determines he or she is no
longer able to meet the needs of the resident; or
The home was not notified before the
resident's admission, or learns following the resident's admission, the
resident is on probation, parole, or post-prison supervision after being
convicted of a sex crime defined in ORS
(A) In the event a resident is given notice
of an involuntary move due to this subsection of this rule, the notice may be
given without reasonable advance notice.
(B) The resident shall be given the
Department's Notice of Involuntary Move or Transfer of Resident form (SDS 901)
as stated in (3) of this rule.
RESIDENT HEARING RIGHTS. Except for
(3)(e) of this rule, a resident, who has been given formal notice of an
involuntary move or refused the right of return or re-admission, is entitled to
an informal conference and hearing before the involuntary move or transfer.
(a) INFORMAL CONFERENCE. The LLA must hold an
informal conference as promptly as possible after the request is received. The
LLA must send written notice of the time and place of the conference to the
licensee and all persons entitled to the notice. Participants may include the
resident and at the resident's request, a family member, case manager,
Ombudsman, legal representative of the resident, the licensee, and a
representative from an AFH association or SEIU if requested by the licensee.
The purpose of the informal conference is to resolve the matter without an
administrative hearing. If a resolution is reached at the informal conference,
the LLA must document the outcome in writing and no administrative hearing is
(b) ADMINISTRATIVE HEARING.
If a resolution is not reached as a result of the informal conference, the
resident or the resident's representative may request an administrative
hearing. If the resident is being moved or transferred with less than 30
calendar days' notice according to (5)(c) of this rule, the hearing must be
held within seven business days of the move or transfer. The licensee must hold
a space available for the resident pending receipt of an administrative order.
These rules and ORS
governing transfer notices and hearings for residents of long-term care
facilities apply to AFHs.
CLOSURE OF ADULT FOSTER HOMES. A licensee
must notify the LLA before the voluntary closure, proposed sale, or transfer of
ownership of the home, and give the residents and the residents' families,
representatives, and case managers, as appropriate, a minimum of 30 calendar
days' written notice on the Department's form (SDS 901) according to (3) of
(a) In circumstances where undue
delay might jeopardize the health, safety, or well-being of residents,
licensees, or staff, written notice must be given as soon as possible,
according to (5)(c) of this rule.
(b) A licensee must surrender the physical
license to operate an AFH to the LLA at the time of the AFH's