Or. Admin. Code § 411-054-0013 - Application for Initial Licensure and License Renewal
(1) APPLICATION. Applicants for initial
licensure and license renewal must complete the Department's application form.
A licensing fee, as described in ORS
443.415, must be submitted to
the Department.
(a) The application form must
be signed by the applicant's legally authorized representative, dated, and
contain all information requested by the Department.
(b) A licensing fee must be submitted to the
Department. The initial licensing fee for a new building or recently purchased
building is paid according to number of beds, as required by ORS
443.415:
(A) For 1 to 15 beds: application fee shall
be $2,000 and the biennial renewal fee shall be $1,000.
(B) For 16 to 49 beds: application fee shall
be $3,000 and the biennial renewal fee shall be $1,500.
(C) For 50 to 99 beds: application fee shall
be $4,000 and the biennial renewal fee shall be $2,000.
(D) For 100 to 150 beds: application fee
shall be $5,000 and the biennial renewal fee shall be $2,500.
(E) For 151 or more beds: application fee
shall be $6,000 and the biennial renewal fee shall be $3,000.
(c) Applicants must provide all
information and documentation as required by the Department including but not
limited to identification of financial interest of any individual, including
stockholders who have an incident of ownership in the applicant representing an
interest of 10 percent or more. For purposes of rule, an individual with a 10
percent or more incident of ownership is presumed to have an effect on the
operation of the facility with respect to factors affecting the care or
training provided, unless the individual establishes the individual has no
involvement in the operation of the facility. For those who serve the Medicaid
population, the applicant must identify any individual with a 5 percent or more
incident of ownership, regardless of the individual's effect on the operation
of the facility.
(d) If the owner
of the facility is a different entity from the operator or management company
of the facility, both the operator and the owner must complete an application
for licensure. Only one license fee is required.
(e) The application shall require the
identification of any individual with a 10 percent or more incident of
ownership that has ever been convicted of a crime associated with the operation
of a long-term, community-based, or health care facility or agency under
federal law or the laws of any state. For those who serve the Medicaid
population, any individual with a 5 percent or more incident of ownership must
be identified, regardless of the individual's effect on the operation of the
facility.
(f) The application shall
require the identification of all states where the applicant, or individual
having a 10 percent or more incident of ownership in the applicant, currently
or previously has been licensed as owner or operator of a long-term,
community-based, or health care facility or agency under the laws of any state
including any facility, currently or previously owned or operated, that had its
license denied or revoked or received notice of the same under the laws of any
state. For those who serve the Medicaid population, all states where the
applicant or any individual having a 5 percent or more incident of ownership
must be identified, regardless of the individual's effect on the operation of
the facility.
(g) The Department
may deny, revoke, or refuse to renew the license if the applicant fails to
provide complete and accurate information on the application and the Department
concludes that the missing or corrected information is needed to determine if a
license shall be granted.
(h) Each
application for a new license must include a completed background check request
form for the applicant and for each individual with 10 percent or more incident
of ownership in the applicant. For those who serve the Medicaid population, a
background check request form is required for the applicant and for each
individual with a 5 percent or more incident of ownership, regardless of the
individual's effect on the operation of the facility.
(i) The Department may require financial
information as stated in OAR
411-054-0016 (New Applicant
Qualifications), when considering an applicant's request for renewal of a
license.
(j) Applicants must
identify the Department-approved acuity-based staffing tool the facility will
implement and use as outlined in OAR
411-054-0037.
(k) Applicants must provide other information
and documentation as the Department may reasonably require for the proper
administration of these rules, including but not limited to information about
incident of ownership and involvement in the operation of the facility or other
business enterprises, as relevant.
(l) For facilities that serve the Medicaid
population and are managed by a Board of Directors, the Centers for Medicare
and Medicaid Services (CMS) require a social security number and date of birth
for each board member.
(2) LICENSE RENEWAL. Application for a
license renewal must be made at least 45 days prior to the expiration date of
the existing license. Filing of an application for renewal and submission of
the required non-refundable fee before the date of expiration extends the
effective date of expiration until the Department acts upon such application.
(a) The Department shall refuse to renew a
license if the facility is not substantially in compliance with all applicable
laws and rules or if the State Fire Marshal or authorized representative has
given notice of noncompliance.
(b)
An applicant for license renewal must provide the Department with a completed
background check request form for the applicant and for each individual with
incident of ownership of 10 percent or more in the applicant when required by
the Department. For those who serve the Medicaid population, a background check
request form is required for the applicant and each individual with a 5 percent
or more incident of ownership, regardless of the individual's effect on the
operation of the facility.
(c) A
building inspection may be requested at the Department's discretion. The
Department may require physical improvements if the health or safety of
residents is negatively impacted.
(3) DEMONSTRATED CAPABILITY.
(a) Prior to issuance of a license or a
license renewal, the applicant must demonstrate to the satisfaction of the
Department that the applicant can provide services in a manner consistent with
the requirements of these rules.
(b) The Department may consider the
background and qualifications of any individual with a 10 percent or more
incident of ownership in the applicant when determining whether an applicant
may be licensed. For those who serve the Medicaid population, the background
and qualifications of any individual with a 5 percent or more incident of
ownership, regardless of the individual's effect on the operation of the
facility, may be considered.
(c)
The Department may consider the applicant's history of compliance with
Department rules and orders including the history of compliance of any
individual with a 10 percent or more incident of ownership in the applicant.
For those who serve the Medicaid population, the history of compliance of the
applicant and any individual with a 5 percent or more incident of ownership,
regardless of the individual's effect on the operation of the facility, may be
considered.
(4) KITCHEN
INSPECTION. The Department shall annually conduct an in-person inspection of
each facility's kitchen and other places where food is prepared.
(a) During a year in which the facility is
surveyed, the kitchen inspection shall be completed as part of the standard
survey.
(b) During a year in which
a facility is not surveyed, the kitchen inspection shall require a separate
visit and inspection by the Department. The fee for this separate kitchen
inspection is $200.
(c) This
section (4) will not go into effect until July 1, 2022.
Notes
Statutory/Other Authority: ORS 410.070 & 443.450
Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991
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