Or. Admin. R. 411-089-0070 - Facility Fund
(1) Moneys in the
Facility Fund are appropriated to the Department to pay for the reasonable
expenses of a trustee or temporary manager.
(2) BASIS FOR APPOINTMENT.
(a) A trustee may be appointed when a court
finds the health and welfare of facility residents are in jeopardy pursuant to
ORS 441.281.
(b) A temporary manager may be appointed by
the Department, with consent of the licensee, if the Department determines the
health or safety of facility residents is in jeopardy pursuant to OAR
411-089-0075.
(3)
LICENSEE REPAYMENT TO FACILITY FUND. When the Department is required to utilize
the Facility Fund to meet expenses of a trustee or temporary manager, the
amount used shall constitute a loan to the facility and shall be repayable to
the Facility Fund.
(4) FACILITY
FUND FEE ASSESSMENT.
(a) Licensees shall pay
an annual fee that does not exceed the annual license fee until the Facility
Fund balance reaches $750,000.
(b)
When the Facility Fund balance reaches $750,000, annual fee collection shall be
discontinued.
(c) When the
Facility Fund balance falls below $600,000, annual fee collection shall be
reinstituted.
(5)
ALLOWABLE COST. The facility payment described in section (4)(a) of this rule
shall be considered an allowable cost.
Notes
Stat. Auth.: ORS 441.341, 441.615, 441.637, 441.710, 441.715, & 441.990
Stats. Implemented: ORS 441.301, 441.303, and 441.336
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