In the case of a failure by the facility to file a report or to
maintain necessary and adequate records, the Department shall determine the
assessment liability of the facility according to the best of its information
and belief. Best of its information and belief means the Department shall use
evidence on which a reasonable person may rely in determining the assessment,
including but not limited to estimating the days of patient days based upon the
number of licensed beds in the facility. The Department's determination of
assessment liability shall be the basis for the assessment due in a notice of
proposed action.
Notes
Or. Admin. Code
§
411-069-0070
OMAP 3-2005, f. &
cert. ef. 2-1-05; DMAP 2-2008, f. & cert. ef. 1-25-08; Renumbered from
410-050-0481, SDP 3-2011, f. & cert. ef. 2-1-11; SPD 41-2013(Temp), f.
& cert. ef. 10-7-13 thru 4-5-14; APD 7-2014, f. & cert. ef.
4-1-14
Stat. Auth.: ORS
409.050,
410.070, &
411.060
Stats. Implemented: ORS
409.750 & OL 2003 Ch.
736