Or. Admin. Code § 411-054-0005 - Definitions
For the purpose of these rules, the following definitions apply:
(1) "Abuse" means abuse as
defined in OAR 411-020-0002 (Adult Protective
Services).
(2) "Activities of Daily
Living (ADL)" mean those personal functional activities required by an
individual for continued well-being, which are essential for health and safety.
Activities include eating, dressing and grooming, bathing and personal hygiene,
mobility, elimination, and cognition.
(3) "Acuity-Based Staffing Tool (ABST)" means
the tool described in ORS
443.432 or an acuity-based
staffing tool adopted by a facility that meets requirements established by the
Department in OAR 411-054-0037. An ABST is used by
a facility to assess the acuity of each resident and determine the amount of
staff time necessary to meet the 24-hour scheduled and unscheduled needs of
each resident. Facilities may choose to use the ABST established by the
Department, or use another Department-approved ABST.
(4) "ABST Care Elements" means the required
individual care elements that must be addressed and documented in a resident's
ABST evaluation as outlined in
411-054-0037(3).
(5) "Acute Sexual Assault" means any
non-consensual or unwanted sexual contact that warrants medical treatment or
forensic collection.
(6)
"Administrator" means the person who is designated by the licensee that is
responsible for the daily operation and maintenance of the facility as
described in OAR 411-054-0065.
(7) "Advance Directive" means a document that
contains a health care instruction or a power of attorney for health
care.
(8) "Aging and People with
Disabilities (APD)" means the program area of Aging and People with
Disabilities, within the Department of Human Services.
(9) "Applicant" means the individual,
individuals, or entity, required to complete a facility application for
license.
(a) Except as set forth in OAR
411-054-0013(1)(b),
applicant includes a sole proprietor, each partner in a partnership, and each
member with a 10 percent or more ownership interest in a limited liability
company, corporation, or entity that:
(A)
Owns the residential care or assisted living facility business; or
(B) Operates the residential care or assisted
living facility on behalf of the facility business owner.
(b) Except as set forth in OAR
411-054-0013(1)(b),
for those who serve the Medicaid population, applicant includes a sole
proprietor, each partner in a partnership, and each member with a five percent
or more ownership interest in a limited liability company, corporation, or
entity that:
(A) Owns the residential care or
assisted living facility business; or
(B) Operates the residential care or assisted
living facility on behalf of the facility business owner.
(10) "Approved Dementia Training"
means a dementia training curriculum approved by an entity selected by the
Department to be an approving entity pursuant to a Request for Application
(RFA) process.
(11) "Area Agency on
Aging (AAA)" as defined in ORS
410.040 means the Department
designated agency charged with the responsibility to provide a comprehensive
and coordinated system of services to seniors or individuals with disabilities
in a planning and service area. For the purpose of these rules, the term Area
Agency on Aging is inclusive of both Type A and B Area Agencies on Aging that
contract with the Department to perform specific activities in relation to
residential care and assisted living facilities including:
(a) Conducting inspections and investigations
regarding protective service, abuse, and neglect.
(b) Monitoring.
(c) Making recommendations to the Department
regarding facility license approval, denial, revocation, suspension,
non-renewal, and civil penalties.
(12) "Assisted Living Facility (ALF)" means a
building, complex, or distinct part thereof, consisting of fully,
self-contained, individual living units where six or more seniors and adult
individuals with disabilities may reside in homelike surroundings. The assisted
living facility offers and coordinates a range of supportive services available
on a 24-hour basis to meet the activities of daily living, health, and social
needs of the residents as described in these rules. A program approach is used
to promote resident self-direction and participation in decisions that
emphasize choice, dignity, privacy, individuality, and independence.
(13) "Building Codes" are comprised of the
set of specialty codes, including the Oregon Structural Specialty Code (OSSC),
Oregon Mechanical Specialty Code (OMSC), Oregon Electrical Specialty Code
(OESC), Oregon Plumbing Specialty Code (OPSC), and their reference codes and
standards.
(14) "Caregiver" means a
facility employee who is either direct care staff or a universal worker, who is
trained in accordance with OAR
411-054-0070 to provide personal
care services to residents.
(15)
"Change in Use" means altering the purpose of an existing room, within the
facility, that requires structural changes.
(16) "Change of Condition - Short-Term" means
a change in the resident's health or functioning, that is expected to resolve
or be reversed with minimal intervention, or is an established, predictable,
cyclical pattern associated with a previously diagnosed condition.
(17) "Change of Condition - Significant"
means a major deviation from the most recent evaluation, that may affect
multiple areas of functioning or health, that is not expected to be short-term,
and imposes significant risk to the resident. Examples of significant change of
condition include, but are not limited to:
(a)
Broken bones.
(b) Stroke, heart
attack, or other acute illness or condition onset.
(c) Unmanaged high blood sugar
levels.
(d) Uncontrolled
pain.
(e) Fast decline in
activities of daily living.
(f)
Significant unplanned weight loss.
(g) Pattern of refusing to eat.
(h) Level of consciousness change.
(i) Pressure ulcers (stage 2 or
greater).
(18) "Choice"
means a resident has viable options that enable the resident to exercise
greater control over their life. Choice is supported by the provision of
sufficient private and common space within the facility that allows residents
to select where and how to spend time and receive personal
assistance.
(19) "CMS" means the
U.S. Department of Health and Human Services, Centers for Medicare and Medicaid
Services.
(20) "Competency" means
to possess specific knowledge, technical skill, and the ability to perform
tasks related to the role and responsibilities of direct care staff.
(21) "Competency Assessment" means an
evaluation of knowledge, technical skill and ability to carry out care pursuant
to the requirements in OAR
411-054-0070. Evaluation shall
include verification and documentation of direct care staff competency through
observation, written testing or verbal testing.
(22) "Condition" means a provision attached
to a new or existing license that limits or restricts the scope of the license
or imposes additional requirements on the licensee.
(23) "Consistently" means regularly and
typically. This means occurring steadily and with regularity over a period of
time.
(24) "Consumer Summary" means
a summary of services provided by the facility. This statement also includes a
summary of services not provided. This summary is one of the documents that
must be provided to potential residents before move-in.
(25) "Conversion Facility (CF)" means a
nursing facility that has followed the requirements in these rules to become a
residential care facility through the conversion facility process.
(26) "Department" means the Oregon Department
of Human Services (ODHS).
(27)
"Designated Representative" means:
(a) Any
adult, such as a parent, family member, guardian, advocate, or other person,
who is:
(A) Chosen by the individual or, as
applicable, the legal representative;
(B) Not a paid provider for the individual;
and
(C) Authorized by the
individual, or as applicable the legal representative, to serve as the
representative of the individual, or as applicable the legal representative, in
connection with the provision of funded supports.
(D) The power to act as a designated
representative is valid until the individual modifies the authorization or
notifies the agency that the designated representative is no longer authorized
to act on his or her behalf.
(b) An individual or the legal representative
of the individual is not required to appoint a designated
representative.
(28)
"Dignity" means providing support in such a way as to validate the self-worth
of the individual. Dignity is supported by creating an environment that allows
personal assistance to be provided in privacy and by delivering services in a
manner that shows courtesy and respect.
(29) "Direct Care Staff" means a facility
employee whose primary responsibility is to provide personal care services to
residents.
(a) These personal care services
may include:
(A) Medication
administration.
(B) Individualized
resident-focused activities, as outlined in a resident's person-centered
service plan.
(C) Assistance with
activities of daily living.
(D)
Supervision and support of residents.
(E) Serving meals, but not meal
preparation.
(b)
Employees such as activity staff, activity coordinators, and activity directors
whose primary or sole responsibility is to provide social activities are not
considered direct care staff.
(30) "Directly Supervised" means a qualified
staff member maintains visual contact with the supervised staff.
(31) "Director" means the Director of the
Department or that individual's designee.
(32) "Disaster" means a sudden emergency
occurrence beyond the control of the licensee, whether natural, technological,
or man-made, that renders the licensee unable to operate the facility or makes
the facility uninhabitable.
(33)
"Disclosure Statement" means the written information the facility is required
to provide to consumers to enhance the understanding of facility costs,
services, and operations.
(34)
"Entity" means an individual, a trust or estate, a partnership, a corporation
(including associations, joint stock companies, and insurance companies), a
state, or a political subdivision or instrumentality, including a municipal
corporation of a state.
(35)
"Exception" means a written variance granted by the Department from a
regulation or provision of these rules.
(36) "Facility" means the residential care or
assisted living facility licensee and the operations, policies, procedures, and
employees of the residential care or assisted living facility. For purposes of
HCBS, "facility" can also mean "provider".
(37) "Gender expression" means an
individual's gender-related appearance and behavior, whether or not these are
stereotypically associated with the sex the individual was assigned at
birth.
(38) "Gender identity" means
an individual's internal, deeply held knowledge or sense of the individual's
gender, regardless of physical appearance, surgical history, genitalia, legal
sex, sex assigned at birth or name and sex as it appears in medical records or
as it is described by any other individual, including a family member,
conservator or legal representative of the individual. An individual's gender
identity is the last gender identity expressed by an individual who lacks the
present ability to communicate.
(39) "Gender nonconforming" means having a
gender expression that does not conform to stereotypical expectations of one's
gender.
(40) "Gender transition"
means a process by which an individual begins to live according to that
individual's gender identity rather than the sex the person was assigned at
birth. The process may or may not include changing the individual's clothing,
appearance, name or identification documents or undergoing medical
treatments.
(41) "Harass" or
"harassment" means to act in a manner that is unwanted, unwelcomed or
uninvited, or that demeans, threatens or offends a resident.
(a) This includes bullying, denigrating or
threatening a resident based on a resident's actual or perceived status as a
member of one of the protected classes in Oregon, as provided:
(A) Race.
(B) Color.
(C) National origin.
(D) Religion.
(E) Disability.
(F) Sex (includes pregnancy).
(G) Sexual orientation.
(H) Gender identity.
(I) Age.
(J) Marital status.
(b) An example of "harassment" includes, but
is not limited to, requiring a resident to show identity documents in order to
gain entrance to a restroom or other area of a facility that is available to
other individuals of the same gender identity as the resident.
(42) "FPS" means the Facilities,
Planning, and Safety Program within the Public Health Division of the Oregon
Health Authority (OHA).
(43) "HCB"
means "Home and Community-Based."
(44) "HCBS" means "Home and Community-Based
Services." HCBS are services provided in the home or community of an
individual. ODHS, Safety, Oversight and Quality and OHA provide oversight and
license, certify, and endorse programs, settings, or settings designated as
HCB.
(45) "Health Care Facility"
means a facility, as defined in ORS
442.015(12)(a),
that provides acute care or a higher level of care to a resident according to
OAR 411-054-0080.
(46) "Homelike Environment" means a living
environment that creates an atmosphere supportive of the resident's preferred
lifestyle. Homelike environment is also supported by the use of residential
building materials and furnishings.
(47) "Hospice Program" means a coordinated
program of home and inpatient care, available 24 hours a day, that utilizes an
interdisciplinary team of personnel trained to provide palliative and
supportive services to a patient-family unit experiencing a life-threatening
disease with a limited medical prognosis. A hospice program is an institution
for purposes of ORS 146.100.
(48) "Immediate Jeopardy" means a situation
where the failure of a residential care facility to comply with a Department
rule has caused, or is likely to cause, a resident:
(a) Serious injury;
(b) Serious harm;
(c) Serious impairment; or
(d) Death.
(49) "Incident of Ownership" means an
ownership interest, an indirect ownership interest, or a combination of direct
and indirect ownership interests.
(50) "Independence" means supporting resident
capabilities and facilitating the use of those abilities. Creating barrier free
structures and careful use of assistive devices supports
independence.
(51) "Indirect
Ownership Interest" means an ownership interest in an entity that has an
ownership interest in another entity. Indirect ownership interest includes an
ownership interest in an entity that has an indirect ownership interest in
another entity.
(52) "Individual"
means a person enrolled in or utilizing HCBS.
(53) "Individually-Based Limitation" means
any limitation to the qualities outlined in OAR
411-004-0020(1)(d) and (2)(d) to
(2)(j), due to health and safety risks. An
individually-based limitation is based on specific assessed need and only
implemented with the informed consent of the individual, or as applicable, the
legal representative, as described in OAR
411-004-0040.
(54) "Informed Consent" means options, risks,
and benefits have been explained to an individual, and, as applicable, the
legal representative of the individual, in a manner that the individual, and,
as applicable, the legal representative, comprehends.
(55) "Individuality" means recognizing
variability in residents' needs and preferences and having flexibility to
organize services in response to different needs and preferences.
(56) "Intensive Intervention Community (IIC)"
means an RCF endorsed to house fewer than six socially dependent individuals or
individuals with physical disabilities. The purpose of the IIC is to serve
individuals with co-occurring mental, emotional, or behavioral disturbances who
are more appropriately served in smaller settings.
(57) "Involuntary Move-Out" means a move out
of a resident to which the resident or the resident's legal representative does
not agree.
(58) "Language Access"
means the facility must take reasonable steps to provide meaningful language
access to a resident with limited English proficiency or a resident with a
disability that makes it difficult to communicate using standard
English.
(59) "LGBTQIA2S+" means
lesbian, gay, bisexual, transgender, queer, intersex, asexual, Two Spirit,
nonbinary or other minority gender identity or sexual orientation. These terms
are defined below:
(a) "Lesbian" means the
sexual orientation of a person who is female, feminine or nonbinary and who is
physically, romantically or emotionally attracted to other women. Some lesbians
may prefer to identify as gay, a gay woman, queer or in other ways.
(b) "Gay" means the sexual orientation of a
person attracted to people of the same gender. Although often used as an
umbrella term, it is used more specifically to describe men attracted to
men.
(c) "Bisexual" means a person
who has the potential to be physically, romantically and/or emotionally
attracted to people of more than one gender, not necessarily at the same time,
in the same way or to the same degree.
(d) "Transgender" means having a gender
identity or gender expression that differs from the sex one was assigned at
birth, regardless of whether one has undergone or is in the process of
undergoing gender-affirming care. Being transgender does not imply any specific
sexual orientation. Therefore, transgender people may identify as straight,
gay, lesbian, bisexual, etc.
(e)
"Queer" means individuals who do not identify as exclusively straight or
individual who have non-binary or gender-expansive identities and is often used
as a catch-all to refer to the LGBTQIA2S+ population as a whole. This term was
previously used as a slur, but has been reclaimed by many parts of the
LGBTQIA2S+ movement. It can also include transgender people who identify as
male or female. The term should only be used to refer to a specific person if
that person self-identifies as queer.
(f) "Intersex" means someone born with a
variety of differences in their sex traits and reproductive anatomy. Intersex
traits greatly vary, including differences in, but limited to, hormone
production and reproductive anatomy.
(g) "Asexual" or "Ace" means a complete or
partial lack of sexual attraction or lack of interest in sexual activity with
others. Asexuality exists on a spectrum, and asexual people may experience no,
little or conditional sexual attraction. Many people who are asexual still
identify with a specific romantic orientation.
(h) "2S" or "Two-Spirit" means a term used
within some Indigenous communities, encompassing cultural, spiritual, sexual
and gender identity. The term reflects complex indigenous understandings of
gender roles, spirituality, and the long history of sexual and gender diversity
in Indigenous cultures. The definition and common use of the term two-spirit
may vary among Tribes and Tribal communities.
(i) The "+" means all other identities and
expressions of gender, romantic and sexual orientation, including minority
gender identities.
(j) "Nonbinary"
means a person who does not identify exclusively as a man or a woman.
Non-binary people may identify as being both a man and a woman, somewhere in
between, or as falling completely outside these categories. While many also
identify as transgender, not all non-binary people do. Non-binary can also be
used as an umbrella term encompassing identities such as agender, bigender,
genderqueer or gender-fluid.
(60) "Licensed Nurse" means an Oregon
licensed practical or registered nurse.
(61) "Licensee" means the entity that owns
the residential care or assisted living facility business, and to whom an
assisted living or residential care facility license has been issued.
(62) "Licensing Complaint Unit (LCU)" means
the Safety, Oversight and Quality staff who investigate allegations of
licensing violations.
(63) "Legal
Representative" means a person who has the legal authority to act for an
individual.
(a) The legal representative only
has authority to act within the scope and limits of his or her authority as
designated by the court or other agreement. Legal representatives acting
outside of his or her authority or scope must meet the definition of designated
representative.
(b) For an
individual 18 years of age and older, a guardian appointed by a court order or
an agent legally designated as the health care representative, where the court
order or the written designation provide authority for the appointed or
designated person to make the decisions indicated where the term "legal
representative" is used in this rule.
(64) "Major Alteration":
(a) Means:
(A) Any structural change to the foundation,
floor, roof, exterior, or load bearing wall of a building;
(B) The addition of floor area to an existing
building; or
(C) The modification
of an existing building that results in a change in use where such modification
affects resident services or safety.
(b) Does not include cosmetic upgrades to the
interior or exterior of an existing building (for example: changes to wall
finishes, floorings, or casework).
(65) "Management" or "Operator" means
possessing the right to exercise operational or management control over, or
directly or indirectly conduct, the day-to-day operation of a
facility.
(66) "Modified Special
Diet" means a diet ordered by a physician or other licensed health care
professional that may be required to treat a medical condition (for example:
heart disease or diabetes).
(a) Modified
special diets include, but are not limited to:
(A) Small frequent meals;
(B) No added salt;
(C) Reduced or no added sugar; and
(D) Simple textural modifications.
(b) Medically complex diets are
not included.
(67) "New
Construction" means:
(a) A new
building.
(b) An existing building
or part of a building that is not currently licensed.
(c) A major alteration to an existing
building.
(d) Additions,
conversions, renovations, or remodeling of existing buildings.
(68) "Nursing Care" means the
practice of nursing as governed by ORS chapter 678 and OAR chapter
851.
(69) "OHA" means the Oregon
Health Authority.
(70) "Owner"
means an individual with an ownership interest.
(71) "Ownership Interest" means the
possession of equity in the capital, the stock, or the profits of an
entity.
(72) "Person-Centered
Service Plan" means the details of the supports, desired outcomes, activities,
and resources required for an individual to achieve and maintain personal
goals, health, and safety, as described in OAR
411-004-0030.
(a) FOR INDIVIDUALS RECEIVING MEDICAID. The
person-centered service plan coordinator completes the person-centered service
plan.
(b) FOR NON-MEDICAID
INDIVIDUALS. The person-centered service plan may be completed by the resident,
and as applicable, the representative of the individual, and others as chosen
by the individual. The licensee may assist non-Medicaid individuals in
developing person-centered service plans when no alternative resources are
available. The elements of the individual's person-centered service plan may be
incorporated into the resident's care plan.
(73) "Person-Centered Service Plan
Coordinator" means a:
(a) Resident's AAA or
APD case manager assigned to provide case management services or
person-centered service planning for and with individuals; or
(b) Person of the individual's choice for
individuals who pay privately.
(74) "Personal Incidental Funds (PIF)" means
the monthly amount allowed each Medicaid resident for personal incidental
needs. For purposes of this definition, personal incidental funds include
monthly payments, as allowed, and previously accumulated resident
savings.
(75) "Preferred Language"
means the chosen language of for the resident. Preferred language must be
legally recognized language.
(76)
"Pre-Service Training" means training that must be completed before direct care
staff provide care to residents.
(77) "Primary Care Provider" means the health
care provider primarily responsible for the on-going diagnosis and treatment of
the resident where they currently reside.
(78) "Privacy" means a specific area or time
over which the resident maintains a large degree of control. Privacy is
supported with services that are delivered with respect for the resident's
civil rights.
(79) "Provider" means
any person or entity providing HCBS.
(80) "P.R.N." means those medications and
treatments that have been ordered by a qualified practitioner to be
administered as needed.
(81)
"Psychotropic Medications" means any drug that affects brain activities
associated with mental processes and behavior. These drugs include, but are not
limited to, drugs in the following categories:
(a) Anti-psychotic.
(b) Anti-depressant.
(c) Anti-anxiety.
(d) Hypnotic.
(82) "Qualified facility staff," for purposes
of OAR 411-054-0080, means the facility
nurse, administrator, or administrator's designee.
(83) "Quality Measurement Program" means the
quality metrics program, as described in OAR
411-054-0320.
(84) "Quality Measurement Council" means a
group of individuals appointed by the Governor to develop and oversee the
Quality Metric Reporting Program as described in OAR
411-054-0320.
(85) "Remodel" means a renovation or
conversion of a building that requires a building permit and meets the criteria
for review by the Facilities Planning and Safety Program as described in OAR
333-675-0000.
(86) "Renovate" means to restore to good
condition or to repair.
(87)
"Residency Agreement" means the written, legally enforceable agreement between
a facility and an individual, or legal representative receiving services in a
residential setting. This agreement is one of the documents that must be
provided to potential residents before move-in.
(88) "Resident" means any individual who is
receiving room, board, care, and services on a 24-hour basis in a residential
care or assisted living facility for compensation.
(89) "Resident Evaluation" means an
evaluation that uses the information obtained when addressing the elements
required in OAR 411-054-0034(5).
(90) "Residential Care Facility (RCF)" means
a building, complex, or distinct part thereof, consisting of shared or
individual living units in a homelike surrounding, where six or more seniors
and adult individuals with disabilities may reside. The residential care
facility offers and coordinates a range of supportive services available on a
24-hour basis to meet the activities of daily living, health, and social needs
of the residents as described in these rules. A program approach is used to
promote resident self-direction and participation in decisions that emphasize
choice, dignity, individuality, and independence.
(91) "Residential Care Facility Administrator
(RCFA)" means an administrator of a residential care or assisted living
facility, as defined in ORS
678.710 and licensed by the
Oregon Health Licensing Office, according to OAR chapter 853. All individuals
serving as administrators in residential care or assisted living facilities
will be required to hold this license as of January 1, 2022.
(92) "Restraint" means:
(a) Physical restraints are any manual
method, or physical or mechanical device, material, or equipment attached to or
adjacent to the individual's body that the individual cannot remove easily,
which restricts freedom of movement or normal access of the individual to the
individual's body. Any manual method includes physically restraining someone by
manually holding someone in place.
(b) Chemical restraints are any substance or
drug used for the purpose of discipline or convenience that has the effect of
restricting the individual's freedom of movement or behavior and is not used to
treat the individual's medical or psychiatric condition.
(93) "Retaliation" means to threaten,
intimidate, or take an action that is detrimental to an individual (for
example, harassment, abuse, or coercion).
(94) "Risk Agreement" means a process where a
resident's high-risk behavior or choices are reviewed with the resident.
Alternatives to and consequences of the behavior or choices are explained to
the resident and the resident's decision to modify behavior or accept the
consequences is documented.
(95)
"Service Plan" means a written, individualized plan for services, developed by
a service planning team and the resident or the resident's legal
representative, that reflects the resident's capabilities, choices, and if
applicable, measurable goals, and managed risk issues. The service plan defines
the division of responsibility in the implementation of the services.
(96) "Service Planning Team" means two or
more individuals, as set forth in OAR
411-054-0036, that assist the
resident in determining what services and care are needed, preferred, and may
be provided to the resident. For IICs, the term "interdisciplinary team" is
synonymous with "service planning team."
(97) "Services" mean supervision or
assistance provided in support of a resident's needs, preferences, and comfort,
including health care and activities of daily living, that help develop,
increase, maintain, or maximize the resident's level of independent,
psychosocial, and physical functioning.
(98) "Sexual orientation" means romantic or
sexual attraction, or a lack of romantic or sexual attraction, to other
people.
(99) "Staffing Assessment"
means a review conducted by the Department to determine if a facility is using
an acuity-based staffing tool according to administrative rule.
(100) "Staffing Levels" means the number of
staff required to provide the levels, intensity and qualifications of staff
necessary to meet the scheduled and unscheduled needs of each resident 24 hours
a day, seven days a week. Staffing levels are established by using an
acuity-based staffing tool to determine the amount of time and expertise
necessary to provide services to assist with activities of daily living and
related tasks.
(101) "Staffing
Plan" means a plan outlining the staffing levels required to meet the scheduled
and unscheduled needs of all residents within a facility. Staffing plans should
incorporate and be consistent with the facility's acuity-based staffing tool
data.
(102) "Subject Individual"
means any individual 16 years of age or older on whom the Department may
conduct a background check as defined in OAR
407-007-0210 and from whom the
Department may require fingerprints for the purpose of conducting a national
background check.
(a) For the purpose of these
rules, subject individual includes:
(A) All
applicants, licensees, and operators of a residential care or assisted living
facility.
(B) All individuals
employed or receiving training in an assisted living or residential care
facility.
(C) Volunteers, if
allowed unsupervised access to residents.
(b) For the purpose of these rules, subject
individual does not apply to:
(A) Residents
and visitors of residents.
(B)
Individuals that provide services to residents who are employed by a private
business not regulated by the Department.
(103) "Substantial Compliance" means a level
of compliance with state law and rules of the Department such that any
identified deficiencies pose a risk of no more than negligible harm to the
health or safety of residents of a facility.
(104) "Supportive Device" means a device that
may have restraining qualities that supports and improves a resident's physical
functioning.
(105) "These Rules"
mean the rules in OAR chapter 411, division 054.
(106) "Transgender" means having a gender
identity or gender expression that differs from the sex one was assigned at
birth, regardless of whether one has undergone or is in the process of
undergoing gender-affirming care. Being transgender does not imply any specific
sexual orientation. Therefore, transgender people may identify as straight,
gay, lesbian, bisexual, etc.
(107)
"Underserved" means services are significantly unavailable within the service
area in a comparable setting for:
(a) The
general public.
(b) A specific
population, for example, residents with dementia or traumatic brain
injury.
(108) "Unit"
means the personal and sleeping space of an individual receiving services in an
RCF or ALF setting, as agreed to in the Residency Agreement.
(109) "Universal Worker" means a facility
employee whose assignments include other tasks (for example, housekeeping,
laundry, or food service) in addition to providing direct resident services.
Universal worker does not include administrators, clerical or administrative
staff, building maintenance staff, or licensed nurses who provide services as
specified in OAR 411-054-0034.
(110) "Voluntary Move-Out" means the facility
and the resident, or resident's legal representative, have mutually agreed the
facility can no longer meet the resident's health, behavior or care
needs.
Notes
Statutory/Other Authority: ORS 410.070, 441.122, 443.450 & 443.738
Statutes/Other Implemented: ORS 441.111, 443.400 - 443.455, 443.738, 443.991 & 678.710
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