Or. Admin. Code § 309-040-0410 - Residents' Bill of Rights, Complaints, and Grievances

(1) Residents' Bill of Rights:

(a) The provider must guarantee Residents' Bill of Rights as described in ORS 443.739 and help residents exercise them;

(b) The provider must post the Residents' Bill of Rights in a location that is prominent and accessible to residents, residents' representatives, parents, guardians, and advocates. The posted rights must include the telephone numbers of the CMHP, Health Systems Division, and Disability Rights Oregon to call to report complaints;

(c) The provider must give a copy of the Residents' Bill of Rights to each resident, residents' representatives, parents, guardians, and advocates along with a description of how to exercise these rights;

(d) Upon admission to the AFH:

(A) The provider must explain the Residents' Bill of Rights to each resident and to residents' representatives, parents, guardians, and advocates; and

(B) The provider must document in the resident's file that a copy of the Residents' Bill of Rights is given to each resident and to the residents' representatives, parents, guardians, and advocates.

(e) The Residents' Bill of Rights state that each resident has the right to:

(A) Be treated as an adult with respect and dignity;

(B) Be informed of all Resident Rights and all house policies;

(C) Be encouraged and assisted to exercise constitutional and legal rights as a citizen including the right to vote;

(D) Receive appropriate care and services and prompt medical care as needed. Be informed of the resident's medical condition and the right to consent to or refuse treatment;

(E) Adequate personal privacy and privacy to associate and communicate privately with any individual of choice, such as family members, friends, advocates, and legal, social service, and medical professionals; send and receive personal mail unopened; engage in telephone conversations;

(F) Have medical and personal information kept confidential;

(G) Complete privacy when receiving treatment or personal care;

(H) Have access to and participate in activities of social, religious, and community groups;

(I) Be able to keep and use a reasonable amount of personal clothing and belongings and to have a reasonable amount of private, secure storage space;

(J) Be free of discrimination in regard to race, color, national origin, gender, religion, sexual orientation, or disability;

(K) Have religious freedom;

(L) Manage financial affairs unless legally restricted

(M) Be free from financial exploitation. The provider may not charge or ask for application fees or nonrefundable deposits and may not solicit, accept, or receive money or property from a resident other than the amount agreed to for services;

(N) A safe and secure environment;

(O) A written agreement regarding services to be provided and agreed upon rates and receive 30 days' written notice before any change in the rates;

(P) Voice suggestions, complaints, or grievances without fear of retaliation;

(Q) Freedom from training, treatment, chemical or physical restraints except as agreed to in writing in a resident's RCP and be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner;

(R) Be allowed and encouraged to learn new skills, to act on their own behalf to their maximum ability, and to relate to residents in an age appropriate manner;

(S) An opportunity to exercise choices including food selection, personal spending, friends, personal schedule, leisure activities, and place of residence;

(T) Freedom from punishment.;

(U) Freedom from abuse and neglect;

(V) The opportunity to contribute to the maintenance and normal activities of the household;

(W) Access and opportunity to interact with persons with or without disabilities;

(X) The right not to be transferred or moved out of the AFH without 30 days' advance written notice unless discharged under the circumstances described in 309-040-0395(14), and an opportunity for a hearing as described in ORS 443.738 and 441.605(4);

(Y) Be free of discrimination in regard to the execution of an Advance Directive, Physician Order for Life-Sustaining Treatment (POLST) or Do Not Resuscitate (DNR) orders and;

(Z) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation as outlined in ORS 430.210.

(2) The following HCBS Rights and Freedoms are also afforded to Residents:

(a) To live under a legally enforceable residency agreement in compliance with protections substantially equivalent to landlord-tenant laws;

(b) To have visitors of the resident's choosing at any time and the freedom to visit with guests within the common areas of the program and the resident's sleeping room, unless the visitor is deemed a threat to the health and safety of the other occupants in the AFH. If a visitor is deemed a threat to the health and safety of the other occupants in the home, an alternative visitation plan (e.g. visitation away from the AFH premises) must be crafted and must be supported by incident report(s);

(c) The freedom and support to control one's own schedule and activities including but not limited to accessing the community without restriction;

(d) Access to community resources including recreation, religious services, agency services, employment, and day programs, unless such access is legally restricted;

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

(f) Choose a roommate when sharing a bedroom;

(g) Furnish and decorate the resident's bedroom according to the residency agreement;

(h) Privacy in the resident's bedroom;

(3) The provider must actively work to support and ensure each resident's rights described in this rule are not limited or infringed upon by the provider or an AFH caregiver, except where expressly allowed under these rules.

(4) Any person who believes these rules have been violated may file a complaint with the Division or CMHP. The Division or CMHP may investigate any complaint or grievance regarding the AFH.

(5) The Division or CMHP must furnish each AFH with a Complaint and Grievance Notice that the provider must post in a prominent place stating the telephone number of the Division and the CMHP and the procedure for making complaints or grievances.

(6) A copy of all AFH complaints or grievances must be maintained by the Division. All complaints or grievances and any actions taken as a result, must:

(a) Be indexed by the name of the provider;

(b) Be placed into the public file at the Division. Information regarding the investigation of the complaint or grievance may not be filed in the public file until the investigation has been completed;

(c) Protect the privacy of the complainant or grievant and the resident; and

(d) Treat the names of the witnesses as confidential information.

(7) The Division may suspend, revoke, and refuse to renew or impose conditions against the license of a provider who acquires substantiated complaints or grievances pertaining to the health, safety, or welfare of residents.

(8) The AFH provider, resident manager, or caregiver must not retaliate in any way against any resident after a complaint or grievance has been filed with the Division. Retaliation may include but is not limited to:

(a) Increasing or threatening to increase charges;

(b) Decreasing or threatening to decrease services;

(c) Withholding or threatening to withhold, rights or privileges;

(d) Taking or threatening to take any action to coerce or compel the resident to leave the AFH; or

(e) Abusing, harassing, or threatening to abuse or harass a resident in any manner.

(9) A complainant, grievant, witness, or caregiver of an AFH must not be subject to retaliation by a provider or any employee of an AFH for making a report or being interviewed about a complaint or being a witness. Retaliation may include but is not limited to caregiver dismissal or harassment or restriction of access to either the AFH or a resident.

(10) The complainant has immunity from any civil or criminal liability with respect to the making or content of a complaint or grievance made in good faith.

(11) Any individual may inspect and receive a photocopy of the public complaint files, including protective services files as applicable, maintained by the Division upon written request subject to the Division's procedures, ORS 192.310 through 192.431, and photocopy charges for public record requests. Requests for complaint and protective services files may be made using the form and process online at https://www.oregon.gov/oha/ERD/Pages/Records.aspx.

Notes

Or. Admin. Code § 309-040-0410

MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0065, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 4-2009(Temp), f. & cert. ef. 8-6-09 thru 2-2-10; MHS 1-2010, f. & cert. ef. 1-29-10; MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 3- 2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018; BHS 6-2018, amend filed 03/21/2018, effective 3/30/2018; BHS 5-2025, amend filed 02/28/2025, effective 3/1/2025

Statutory/Other Authority: ORS 443.735

Statutes/Other Implemented: ORS 127.700 - 127.737 & ORS 443.705 - 443.825