Or. Admin. Code § 309-040-0394 - Residency Agreement

(1) The provider must enter into a written residency agreement with each resident or the resident's representative consistent with the following:

(a) The written residency agreement must be signed by the provider and the resident or the resident's representative prior to or at the time of admission and anytime the agreement is updated;

(b) The provider must provide a copy of the signed agreement to the resident or the resident's representative and must retain the original signed agreement within the resident's record;

(c) The provider must give written notice to a resident and the resident's representative at least 30 calendar days prior to any general rate increases, additions, or other modifications of the rates; and

(d) The provider must update residency agreements at least annually and anytime social security rates change or a resident's finances change such that the amount paid for room and board changes; and

(e) The provider must not charge or ask for application fees or nonrefundable deposits and must not solicit, accept or receive money or property from a resident other than the amount agreed to for services, including for OHP clients as described in OAR 410-120-1280(1).

(2) The residency agreement must include, but is not limited to, the following:

(a) The room and board rate describing the estimated public and private pay portions of the rate:

(A) Where a resident's social security or other funding is not active at the time of admission to the program, the program must prepare the room and board agreement based upon the estimated benefit to be received by the resident; and

(B) If, when funding is later activated, actual income of the resident varies from the estimated income noted on the residency agreement, the agreement must be updated and re-signed by all the applicable parties.

(b) Services and supports to be provided and the rate to be changed. For residents receiving Medicaid, the Residency Agreement may state the rate will be "as authorized by the Division";

(c) Conditions under which the provider may change the rates;

(d) The provider's refund policy in instances of a resident's hospitalization, temporary absence, death, transfer to another care setting or other care facility, and voluntary or involuntary move from the home;

(e) If a resident dies or leaves an adult foster home for medical reasons and indicates in writing the intent to not return, the provider must not charge the resident for more than 15 days or the time specified in the provider contract, whichever is less, after the resident has left the adult foster home.

(f) The provider has an affirmative duty to take reasonable actions to reduce the charges by accepting a new resident.

(g) However, if a resident dies or leaves an adult foster home due to substantiated allegations of neglect or abuse by the provider or due to observable conditions of imminent danger to life, health or safety, the provider may not charge the resident beyond the resident's last day in the home.

(h) If a resident eligible for Medicaid services dies and has no surviving spouse, the provider must forward all personal incidental funds (PIF) to the Estate Administration Unit, P. O. Box 14021, Salem, Oregon 97309-5024, within 10 business days of the death of an individual. (See Limits on Estate Claims, OAR 461-135-0835)

(i) The provider must refund any advance payments within 30 days after the resident dies or leaves the adult foster home.

(j) A statement indicating that the resident is not liable for damages considered normal wear and tear;

(k) The provider's policies on voluntary moves and whether or not the provider requires written notification of a non-Medicaid resident's intent to not return;

(l) The provider's policies for involuntary transfer or discharge of residency in compliance with OAR 309-040-0395(5) and resident's rights regarding the eviction and appeal process as outlined in OAR 309-040-0410;

(m) Any policies the provider may have on the use of, cannabis, and illegal drugs of abuse. No policy shall prohibit resident consumption of alcohol;

(n) Smoking policies in compliance with the Tobacco Freedom Policy established by the Division;

(o) Policy addressing pet and service animals. The provider may not restrict animals that provide assistance or perform tasks for the benefit of a resident with a disability. Such animals are often referred to as service animals, assistance animals, support animals, therapy animals, companion animals, or emotional support animals.

(p) Policy and procedures for resident requests for specific foods for meal planning and snacks purchased under the room and board agreement for the resident.

(q) Schedule of mealtimes. The provider may not schedule meals with more than a 14-hour span between the evening meal and the following morning's meal;

(r) Policy regarding refunds for residents eligible for Medicaid services, including prorating partial months, and if the room and board is refundable;

(s) Any house rules or social covenants required by the provider that may be included in the agreement or as an addendum.; The provider must not include any illegal or unenforceable provision in a contract with a resident and may not ask or require a resident to waive any of the Resident's Rights;

(t) Statement informing the resident of the freedoms authorized by 42 CFR 441.301(c)(2) (xiii) & 42 CFR 441.530(a)(1)(vi)(F), and OAR 309-040-0410(2), which may not be limited without the informed, written consent of the resident and include the right to:

(A) Live under a legally enforceable residency agreement.

(B) The freedom and support to access food at any time;

(C) To have visitors of the resident's choosing at any time;

(D) Have a lockable door in the resident's unit that may be locked by the resident;

(E) Choose a roommate when sharing a unit;

(F) Furnish and decorate the resident's unit according to the Residency Agreement;

(G) The freedom and support to control the resident's schedule and activities; and

(H) Have privacy in the resident's unit.

(u) Include a clear and precise statement of any limitation to the implementation of advance directives on the basis of conscience. This rule does not apply to medical professional or hospice orders for administration of medications. The statement must include:

(i) Description of conscientious objections as they apply to all occupants of the adult foster home;

(ii) The legal authority permitting such objections under Oregon Revised Statute 127.505 through 127.660; and

(iii) Description of the range of medical conditions or procedures affected by the conscientious objection.

(3) The provider must not propose or enter into a residency agreement that:

(a) Charges or asks for application fees, refundable deposits, or non-refundable deposits, including for OHP clients as described in OAR 410-120-1280(1);

(b) Includes any illegal or unenforceable provision or asks or requires the resident to waive any of the resident's rights or the provider's liability for negligence; or

(c) Conflicts with resident rights or these rules.

Notes

Or. Admin. Code § 309-040-0394

MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; BHS 5-2025, amend filed 02/28/2025, effective 3/1/2025

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 443.705 - 443.825