Or. Admin. Code § 411-073-0010 - Definitions
As used in these rules (OAR Chapter 411, Division 73) unless the context requires otherwise, the definitions in OAR 411-070-0005, OAR 411-085-0005, and following definitions apply:
(1) "Deficiency"
means a facility's failure to meet a requirement of participation as specified
in 42 CFR Part 483 et.seq. (Subpart B).
(2) "Directed Plan of Correction" means a
course of action specified by the federal Health Care Financing Administration
(HCFA), the Division or person designated by the Division which requires a
facility to take specific actions to correct deficiencies within specified
timeframes.
(3) "Facility" means a
nursing facility licensed by the Division pursuant to OAR
411-085-0010 and certified for
Medicaid, Medicare or both, or, if the context suggests, an owner, employee or
other party acting (or failing to act) in behalf of the facility.
(4) "HCFA" means the federal Health Care
Financing Administration.
(5)
"Immediate Family" means a husband or wife; natural or adopted parent, child or
sibling; stepparent, stepchild, stepbrother or stepsister; father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law;
grandparent or grandchild.
(6)
"Immediate Jeopardy" means a situation in which a facility's non-compliance
with one or more requirements of participation or conditions of participation
has caused, or is likely to cause, serious injury, harm, impairment, or death
to an individual receiving care in the facility.
(7) "New Admission" means a person admitted
on or after the effective date of a denial of payment remedy. A resident
temporarily absent from the facility to go to a general hospital, other health
care setting, or home, etc. and was not discharged from the facility, shall not
be considered to be a new admission.
(8) "Noncompliance" means any deficiency that
causes a facility to not be in substantial compliance.
(9) "Plan of Correction" means a written
description of the actions to be taken by a facility in order to correct
deficiencies, and which has been approved by the Division or HCFA. The Plan
shall include the dates by which the deficiencies will be corrected. Unless
otherwise provided by these rules, the Plan of Correction is prepared by the
facility.
(10) "Requirement of
Participation" means a provision under the Code of Federal Regulations,
Title 42, Part 483 or 488, or provision of the Social Security
Act.
(11) "Standard Survey" means a
periodic, resident-centered inspection which gathers information about the
quality of service furnished in a facility to determine compliance with the
requirements for participation.
(12) "Statement of Deficiencies" means a
written description of deficiencies prepared by HCFA or the Division.
(13) "Substandard Quality of Care" means one
or more deficiencies in 42 CFR § 483.13 Resident Behavior and Facility
Practices, 42 CFR §
483.15 Quality of Life, or in
42 CFR §
483.25 Quality of Care, that
constitutes either immediate jeopardy to resident health and safety; or a
pattern of or widespread actual harm that is not immediate jeopardy; or a
widespread potential for more than minimal harm that is not immediate jeopardy
and with no actual harm.
NOTE: See Exhibit 1 (OAR 411-073-0040).
(14) "Survey Exit Date" means the last day of
a standard survey by the Division or HCFA.
(15) "Work Day" means Monday, Tuesday,
Wednesday, Thursday or Friday, excluding State holidays.
Notes
The Exhibit referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 410.070
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