Or. Admin. Code § 411-054-0026 - Disclosure and Notification to Potential Residents
The facility must provide the following documents to potential residents before move-in:
(1) UNIFORM
DISCLOSURE STATEMENT. This is a Department-designated form (form APD 9098A) to
provide to each individual who requests information about the
facility.
(2) RESIDENCY AGREEMENT.
This is an agreement prepared by the facility. The residency agreement must be
reviewed by the Department before distribution and must include the following:
(a) Terms of occupancy, including policy on
the possession of firearms and ammunition.
(b) Payment provisions including the basic
rental rate and what it includes, cost of additional services, billing method,
payment system and due dates, deposits, and non-refundable fees, if
applicable.
(c) The method for
evaluating a resident's service needs and assessing the costs for the services
provided.
(d) Policy for increases,
additions, or changes to the rate structure. The disclosure must address the
minimum requirement of 30 days prior written notice of any facility-wide
increases or changes and the requirement for immediate written notice for
individual resident rate changes that occur as a result of changes in the
service plan.
(e) Refund and
proration conditions.
(f) A
description of the scope of resident services available according to OAR
411-054-0030.
(g) A description of the service planning
process.
(h) Additional available
services.
(i) The philosophy of how
health care and ADL services are provided to the resident.
(j) Resident rights and
responsibilities.
(k) The
facility's system for packaging medications including the option for residents
to choose a pharmacy that meets the requirements of ORS
443.437.
(l) Criteria, actions, circumstances, or
conditions that may result in a move-out notification or intra-facility move
consistent with OAR 411-054-0080.
(m) Resident rights pertaining to
notification of involuntary move-out.
(n) Notice that the Department has the
authority to examine resident records as part of the evaluation of the
facility.
(o) The facility's
staffing plan.
(p) Additional
elements as listed in
411-054-0027(2).
(3) CONSUMER SUMMARY STATEMENT.
The facility must develop a Consumer Summary Statement specific to the
facility. This form is separate from the residency agreement. For a model
consumer summary that may be used as an example, please see the Department form
(form APD 9098CS).
(a) Similar to the
residency agreement, this summary statement must be provided to a potential
resident before move-in. The consumer summary must include the following:
(A) A summary of the services provided by the
facility.
(B) A summary of the
services and types of care the facility does not provide.
(C) A statement that, if the facility is not
capable of meeting the resident's needs for care and services, the facility may
require the resident to move to another facility or care setting, in accordance
with OAR 411-054-0080.
(D) A statement explaining that, if a
resident leaves the facility to receive acute medical, psychiatric, nursing or
other specialized care, the facility will evaluate the facility's ability to
meet the resident's care needs before the resident is permitted to return to
the facility, in accordance with OAR
411-054-0080(6).
(E) An explanation of the resident's right to
appeal should the facility either require the resident to leave the facility,
or not permit the resident to return following treatment as described in
paragraph (D). Appeal rights are explained in OAR
411-054-0080(7).
(F) A statement as to whether the facility
will arrange or coordinate hospice care for a resident upon request.
(b) The information in the summary
statement outlined in subsection (a) above must:
(A) Be in writing.
(B) Be written in plain English.
(C) Be explained to the individual or the
person acting on behalf of the individual in a manner the individual or
representative understands.
(D) Be
provided separately from all other disclosure documents, such as the Uniform
Disclosure Statement (APD form 9098A), and the facility's Residency
Agreement.
(E) Be signed by the
individual or the person acting on behalf of the individual, acknowledging that
the individual or representative understands the content and implications of
the information.
(c) The
facility must submit an updated Consumer Summary Statement to the Department
any time the facility has a management or ownership change. The Consumer
Summary Statement must be submitted to the Department 60 days prior to the
change of ownership or management. All Consumer Summary Statements will be
posted on the Department's licensing webpage.
(4) LGBTQIA2S+ PROTECTIONS. A facility shall
provide a copy of the LGBTQIA2S+ Protections as described in OAR
411-054-0027(2),
and the facility's LGBTQIA2S+ Nondiscrimination Notice, as described in OAR
411-054-0025(7)(i).
(5) All disclosure information and residency
agreements must be written in compliance with these rules.
(a) The facility may not include any
provision in the residency agreement, summary statement or disclosure
information that is in conflict with these rules and may not ask or require a
resident to waive any of the resident's rights or the facility's liability for
negligence.
(b) The facility must
retain a copy of the original and any subsequent signed and dated residency
agreements and must provide copies to the resident or to the resident's
designated representative.
(c) The
facility must give residents 30 days prior written notice of any additions or
changes to the residency agreement. Changes to the residency agreement must be
faxed, emailed, or mailed to the Department before distribution.
Notes
Statutory/Other Authority: ORS 410.070 & 441.122
Statutes/Other Implemented: ORS 441.112, 441.114 & 443.443
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.