(1)
Admission Conditions:
(a) The facility shall
not accept or retain residents whose care needs cannot be met by the
facility;
(b) No person shall be
admitted to the facility except on the order of a physician;
(c) Admission medical information shall
include a statement concerning the diagnosis and general condition of the
resident, a medical history and physical, or a medical summary. Other pertinent
medical information, orders for medication, diet, and treatments shall also be
provided;
(d) Each resident record
must, before admission and when updated, include the following information:
(A) Legal name for billing
purposes.
(B) To promote
person-centered care, any variance from legal records, as indicated by the
resident regarding:
(i) Name.
(ii) Pronouns.
(iii) Gender identity.
(e) No resident shall be admitted
to a bed in any location other than those locations shown in the most recent
floor plan filed with the Division and under which the license was
issued;
(f) No facility shall admit
an individual who is mentally ill or mentally retarded unless the Division or
local representative thereof has determined that such placement is
appropriate.
(g) Upon admission of
a resident, the facility shall provide the resident or the resident's
representative with information developed by the Long-Term Care Ombudsman
describing the availability and services of the ombudsman. The facility shall
document that the facility provided this information as required.
(h) Upon admission, the facility shall
provide to the resident a copy of the LGBTQIA2S+ Protections policy that
includes the following statement:
"(Name of care facility) does not discriminate and does not
permit discrimination, including but not limited to bullying, abuse or
harassment, based on an individual's actual or perceived sexual orientation,
gender identity, gender expression or human immunodeficiency virus status, or
based on an individual's association with another individual on account of the
other individual's actual or perceived sexual orientation, gender identity,
gender expression or human immunodeficiency virus status. If you believe you
have experienced this kind of discrimination, you may file a complaint with the
Oregon Department of Human Services at (provide current contact
information)."
(i) Upon
admission, the facility shall provide to the resident a copy of the
nondiscrimination policy as described in OAR
411-085-0210(1)(w).
(2) Admission Status, Preliminary
Care Plan, Preliminary Nursing Assessment:
(a)
A licensed nurse shall document the admission status of the resident within
eight hours, including but not limited to skin condition, nutritional status,
hydration status, mental status, vital signs, mobility, and ability to perform
ADLs. This review of resident status shall be sufficient to ensure that the
immediate needs of the resident are met;
(b) A licensed nurse shall develop a
preliminary resident care plan within 24 hours of admission. Staff providing
care for the resident shall have access to, be familiar with, and follow this
plan;
(c) Social services shall be
provided to the resident in accordance with the preliminary resident care plan
not later than three days after admission;
(d) A registered nurse shall complete and
document a comprehensive nursing assessment within 14 days of admission; (e) A
resident care plan shall be completed pursuant to OAR
411-086-0060.
(3) Directives for Medical
Treatment. Each resident shall be provided the following information and
materials in written form within five days of admission, but in any event
before discharge:
(a) A copy of "Your Right to
Make Health Care Decisions in Oregon," copyright 1991, by the Oregon State Bar
Health Law Section, which summarizes the rights of individuals to make health
care decisions, including the right to accept or refuse any treatment or
medication and the right to execute directives and powers of attorney for
health care;
(b) Information on the
facility's policies with respect to implementation of those rights;
(c) A copy of the Advance Directive form set
forth in ORS 127.531 and a copy of the Power
of Attorney for Health Care form set forth in ORS
127.610, along with a disclaimer
attached to each form in at least 16-point bold type stating "You do not have
to fill out and sign this form"; and
(d) The name and location of a person who can
provide additional information concerning the forms for directives and powers
of attorney for health care.
(4) Contracts, Agreements. Contracts,
agreements and all other documents provided to, or required to be signed by,
the resident shall not misrepresent or be inconsistent with the requirements of
Oregon law. See OAR
411-085-0300 -
411-085-0350.
Notes
Or. Admin. Code §
411-086-0040
SSD
19-1990, f. 8-29-90, cert. ef. 10-1-90; SSD 1-1991(Temp), f. & cert. ef.
1-4-91; SSD 10-1991, f. & cert. ef. 5-1-91; SSD 20-1991, f. & cert. ef.
12-2-91; APD 53-2019, temporary amend filed 12/23/2019, effective 01/01/2020
through 06/28/2020;
APD
20-2020, amend filed 06/16/2020, effective
6/24/2020;
APD
17-2024, temporary amend filed 03/29/2024, effective
4/1/2024 through
9/27/2024;
APD
57-2024, amend filed 09/23/2024, effective
9/25/2024
Publications: Publications referenced are available from the
agency.
Statutory/Other Authority: ORS
410.070,
410.090,
441.055 &
441.122
Statutes/Other Implemented: ORS
441.055,
441.112,
441.114 &
441.615
