Or. Admin. Code § 411-060-0027 - Routine Staff Testing Requirements
Every Assisted Living Facility and Residential Care Facility shall:
(1) Ensure that all Facility
Staff and Associated Staff are tested routinely for COVID-19 on an interval
that considers the published county positivity rate, the availability of
testing resources and at the frequency outlined in the Department guidance.
Nursing Facilities will follow the standards set forth in the interim rules
issued by the US Centers for Medicare and Medicaid Services (CMS) in 85 Federal
Register 54820 (September 2, 2020). Nursing Facilities will also follow any
guidance issued by CMS related to these rules.
(2) If a Facility is unable to comply with
the required testing interval due to lack of access to molecular testing
services that can reliably process tests within 48 hours or lack of access to
antigen tests, the Facility may request an exception and alternate testing
schedule from the Department.
(3)
Conduct testing in a manner that is consistent with current standards of
practice for conducting COVID-19 tests as defined in OHA clinical
guidance.
(4) For each instance of
Facility Staff and Associated Staff testing, document or obtain copies of
documentation that testing was completed and the results of each
test.
(5) Upon the identification
of an individual specified in this paragraph with symptoms consistent with
COVID-19, or who tests positive for COVID-19, take actions to prevent the
transmission of COVID-19.
(6) Have
procedures for addressing Facility Staff and Associated Staff who refuse
testing or are unable to be tested. Serial testing of all Facility Staff and
Associated Staff is mandatory, except for those Facility Staff and Associated
Staff who provide medical justification for declining testing from a licensed
health care provider. If any Facility Staff or Associated Staff refuses testing
that is required under this rule, the Facility or Associated Staffing Provider
is required to address a refusal as a personnel matter with the individual
employee. Personnel consequences for refusals to test shall be consistent with
requirements under federal and state employment laws and collective bargaining
agreements, if applicable.
Notes
Statutory/Other Authority: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991
Statutes/Other Implemented: ORS 441.025, 441.055, 441.615, 441.630, 441.637, 441.650, 443.400-443.455, 443.991
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.