Or. Admin. Code § 411-050-0730 - Operational Standards
(1) A
licensee must own, rent, or lease the home to be licensed, however, the LLA may
grant a variance to churches, hospitals, non-profit associations, or similar
organizations. If a licensee rents or leases the premises where the AFH is
located, the licensee may not enter into a contract that requires anything
other than a flat rate for the lease or rental. The licensee of a building
where an AFH is located may not allow the owner, landlord, or lessor to
interfere with the admission, transfer, or voluntary or involuntary move of any
resident in the AFH unless the owner, landlord, or lessor is named on the
license.
(2) Each AFH licensee must
comply with:
(a) All applicable local business
license, zoning, building, and housing codes.
(b) The Fair Housing Act.
(c) State and local fire and safety
regulations for a single-family residence, and Oregon Fire Code, Appendix
R.
(d) Federal regulations
governing HCB Settings (OAR chapter 411, division 004).
(3) ZONING. AFHs are subject to applicable
sections of ORS 197.660 to
197.670.
(4) COOPERATION AND ACCESS. The licensee or
administrator must cooperate with the Department , Centers for Medicare and
Medicaid Services (CMS), Oregon Health Authority (OHA) and local licensing and
investigative personnel in inspections, complaint investigations, planning for
resident care, application procedures, and other necessary activities.
(a) Department , CMS, OHA, local licensing,
and investigative personnel must be provided access to all resident and
facility records and may conduct private interviews with residents.
(b) The State Long-Term Care Ombudsman must
be provided access to all resident and facility records. Deputy Ombudsman and
Certified Ombudsman Volunteers must be provided access to facility records, and
with written permission from the resident or the resident 's legal
representative, may have access to resident records. (See OAR
114-005-0030).
(5) CONFIDENTIALITY. Licensees and
AFH staff must keep personal and healthcare information related to residents
confidential and private as required by all applicable confidentiality and
privacy laws, except as may be necessary in the planning or provision of care
or medical treatment, or related to an inspection, investigation, or sanction
action under these rules. Applicable confidentiality and privacy laws include,
but are not limited to:
(a) For medical
information:
(A) Health Insurance Portability
and Accountability Act (HIPAA).
(B)
ORS 192.553 to
192.581, confidentiality of
protected health information.
(b) Unless required by state or federal law,
a care facility shall not disclose any personally identifiable information.
This applies to all resident records including records regarding:
(A) A resident 's sexual
orientation ;
(B) Whether a resident
is LGBTQIA2S+;
(C) A resident 's
gender transition status; or
(D) A
resident 's human immunodeficiency virus status.
(c) The AFH shall take appropriate steps to
minimize the likelihood of inadvertent or accidental disclosure of information
described in subsection (b) of this section to other residents, visitors or AFH
caregivers, except to the minimum extent necessary for AFH caregivers to
perform their duties. The AFH must notify the resident or resident 's
representative if the AFH inadvertently or accidentally discloses such
information to unauthorized persons.
(d) For resident records generally:
(A) ORS
410.150, Use of files,
confidentiality, and privileged communications.
(B) OAR chapter 411, division 005, Privacy of
protected information.
(6) TRANSPORTATION. A licensee or
administrator must arrange for or provide appropriate transportation for
residents when needed.
(7)
COMMUNICATION.
(a) Applicants for an initial
license must obtain and provide to the LLA a current, active business address
for electronic mail before obtaining a license.
(b) A licensee or administrator must notify
the LLA within 24 hours upon a change in the home 's business address for
electronic mail.
(c) A licensee or
administrator must notify the LLA, the residents and the resident 's family
members, representatives, and case managers, as applicable, of any change in
the telephone number for the licensee or the AFH within 24 hours of the
change.
(d) A licensee must notify
the LLA in writing before any change of the licensee 's residence or mailing
address.
(8) MEALS.
(a) Three nutritious meals must be served
daily at times consistent with those in the community. Each meal must include
food from the basic food groups according to the United States Department of
Agriculture (USDA's) My Plate and include fresh fruit and vegetables when in
season.
(b) Meals must reflect
consideration of a resident 's preferences and cultural and ethnic background.
This does not mean the licensee or administrator must prepare multiple, unique
meals for the residents at the same time.
(c) A schedule of mealtimes and menus for the
coming week must be prepared and posted weekly in a location accessible to
residents and families.
(A) Meal substitutions
for scheduled menu items in compliance with (8)(a) of this rule are acceptable
and must be documented on, or attached to, the weekly menu.
(B) The licensee or administrator must
maintain the weekly menus for a minimum of the most recent six months during
which the home has conducted business.
(C) The licensee or administrator must
support the resident 's right to access food at any time. Limitations may only
be used when there is a health or safety risk, as stated in OAR
411-051-0105, and when a written
informed consent is obtained. Licensees have until June 30, 2020 to fully
comply with this HCB Settings requirement, OAR
411-051-0105(3).
(D) If a resident misses a meal at a
scheduled time, an alternative meal must be made available.
(d) There must be no more than a
14-hour span between the evening and morning meals. Snacks do not substitute
for a meal in determining the 14-hour span. Nutritious snacks and liquids must
be offered to fulfill each resident 's nutritional requirements.
(e) Food may not be used as an inducement to
control the behavior of a resident .
(f) Home -canned foods must be processed
according to the guidelines of the Oregon State University Extension Service.
Freezing is the most acceptable method of food preservation. Milk must be
pasteurized.
(g) Special
consideration must be given to a resident with chewing difficulties or other
eating limitations. Special diets must be followed, as prescribed in writing,
by the resident 's physician, nurse practitioner, or physician
assistant.
(h) Adequate storage
must be available to maintain food at a proper temperature, including a
properly working refrigerator. Storage and food preparation areas must be free
from food that is spoiled or expired.
(i) The household utensils, dishes,
glassware, and household food may not be stored in bedrooms, bathrooms, or
living areas.
(j) Meals must be
prepared and served in the home where the residents live. Payment for meals
eaten away from the home for the convenience of the licensee or administrator
(e.g., restaurants, senior meal sites) is the responsibility of the licensee .
(A) Meals and snacks, as part of an
individual recreational outing by choice, are the responsibility of the
resident .
(B) Payment for food
beyond the required three meals and snacks are the responsibility of the
resident .
(k) Utensils,
dishes, and glassware must be washed in hot soapy water, rinsed, and stored to
prevent contamination. A dishwasher with a sani-cycle is recommended.
(l) Food preparation areas and equipment,
including utensils and appliances, must be clean, free of offensive odors, and
in good repair.
(9)
TELEPHONE.
(a) The home must have a working
landline and corded telephone with a listed number that is separate from any
other number the home has, such as, but not limited to, internet or fax lines,
unless the system includes features that notify the caregiver of an incoming
call, or automatically switches to the appropriate mode. If a licensee has a
caller identification service on the home number, the blocking feature must be
disabled to allow incoming calls to be received unhindered. A licensee may have
only one phone line if the phone line complies with the requirements of these
rules. Voice over internet protocol (VoIP), voice over broadband (VoBB), or
cellular telephone service may not be used in place of a landline.
(b) The licensee must make a telephone that
is in good working order available and accessible for the residents use with
reasonable accommodation for privacy during telephone conversations. A resident
with a hearing impairment, to the extent the resident may not hear a normal
telephone conversation, must be provided with a telephone that is amplified
with a volume control or a telephone that is hearing aid compatible.
(c) Restrictions on the use of the telephone
by the residents must be specified in the written Residency Agreement and may
not violate the residents' rights. Individual restrictions must be well
documented in the resident 's care plan.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 441.122, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 & 443.880
Statutes/Other Implemented: ORS 197.660 - 197.670, 409.050, 410.070, 413.085, 441.114, 441.373, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991
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