Or. Admin. Code § 411-054-0106 - Regulatory Framework
(1) PURPOSE. The
goal of the regulatory framework is to provide transparency, accuracy, and
equity related to regulatory actions taken by the Department in response to
facilities' lack of substantial compliance with Oregon Administrative Rules.
The framework should include application of preventative, positive, and
progressively more restrictive measures taken by the Department in response to
facilities' lack of substantial compliance with Oregon Administrative Rules.
Whenever possible and appropriate, the framework shall be based on a
progressive method of regulation based on scope and severity, which includes
positive reinforcement, as well as sanctions and penalties.
(2) FOCUS. The framework will address
measures related to the scope and severity of noncompliance, including but not
limited to:
(a) Whether the facility has
qualified awake direct care staff in consistent numbers to consistently meet
the scheduled and unscheduled needs of each resident 24 hours a day;
and
(b) The impact of any
compliance deficiencies on the rights, health, welfare and safety of the
residents.
(3) PROCESS.
The framework will provide information on processes related to the
Department's:
(a) Accurate and equitable
assessment of substantial compliance based on regulatory
requirements.
(b) Employment of
progressive and positive action to promote and achieve facility substantial
compliance.
(c) Accurate and
equitable imposition of corrective actions.
(d) Administration of Enhanced Oversight
Program to focus compliance activities on facilities that consistently fail to
achieve substantial compliance.
(4) TECHNIQUES. Regulatory compliance will be
promoted through the use of progressive compliance techniques, as appropriate,
including, but not limited to:
(a) Proactive
communication.
(b) Technical
support to facilities.
(c)
Consultation with policy analysts to clarify regulatory requirements.
(d) Corrective action involving civil
penalties.
(e) Imposition of
sanctions, including, but not limited to conditions on a provider's
license.
(f) Suspension,
non-renewal or revocation of license.
(5) ENHANCED OVERSIGHT AND SUPERVISION
PROGRAM.
(a) Facilities that consistently
demonstrate a lack of substantial compliance with the requirements of rules
adopted to regulate residential care facilities or assisted living facilities
or perform substantially below statewide averages on quality metrics will be
considered for the Enhanced Oversight and Supervision Program. "Consistently"
is defined as regularly and typically for purposes of this rule.
(b) The Department shall take one or more of
the following actions, the Department deems necessary, to improve the
performance of a facility:
(A) Increase the
frequency of surveys of the facility.
(B) Conduct surveys that focus on areas of
consistent non-compliance as identified by the Department.
(C) Impose one or more conditions on the
license of the facility.
(c) The Department shall terminate the
enhanced oversight and supervision of a facility as follows, after:
(A) Three years, if the facility has shown
substantial compliance according to the Department; or
(B) One year, if the facility submits a
written assertion of substantial compliance and the Department determines the
facility no longer meets the criteria of the program.
(d) The Department shall publish notice on
the Department's licensing website of any facility enrolled in the Enhanced
Oversight and Supervision program.
Notes
Statutory/Other Authority: ORS 410.070 & 443.450
Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991
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