Or. Admin. Code § 411-088-0070 - Notice Requirements
(1) NOTICE
LENGTH:
(a) A facility must provide a
resident transferred from the facility a minimum of 30 days prior written
notice unless otherwise provided under this section.
(b) A resident may be involuntarily
transferred under OAR
411-088-0020(1)(b)
(Life or Safety Threat) or
411-088-0020(1)(c)
(Behavior Problem) with fewer than 30 days prior written notice if the reason
for the transfer constitutes an emergency. However, the facility must give as
much prior written notice as the emergency permits.
(c) A resident may be involuntarily
transferred under OAR
411-088-0020(1)(d)
(Medical Emergency) with no prior notice. However, the facility must give
written notice before giving the resident's bed to another person.
(d) A resident involuntarily transferred
under OAR 411-088-0020(1)(g)
(Post-Hospital Extended Care Services or Specialized Services) and cared for in
the facility for less than 30 days may be transferred with fewer than 30 days
prior written notice.
(A) In such cases, the
resident must be provided with written notice no shorter than the length of the
resident's current stay in the nursing facility.
(B) The notice may be issued at the time of
the resident's admission or as soon as the length of time for projected course
of treatment is estimated.
(C)
Section (1)(d) of this rule does not apply if the resident had a right of
readmission to the same facility as described in OAR
411-088-0060 prior to the
hospital, surgical, or emergency department services.
(e) A facility must provide a resident
involuntarily transferred under OAR
411-088-0020(1)(b) or
(e) (Governmental Action) a minimum of 14
days prior written notice.
(f) A
facility must immediately notify a resident denied the right of return or the
right of readmission. The facility must also provide the resident written
notice that is mailed (registered or certified) or delivered in person within
five days from the date of request for return or readmission. A denial of right
of return or readmission is allowable only if there is good cause to believe
the resident lacks such right (see OAR
411-088-0050,
411-088-0060, and
411-088-0080).
(g) A facility must provide written notice to
a resident involuntarily transferred under OAR
411-088-0020(1)(f)
(Termination of Operations as a Nursing Facility).
(A) In the case of voluntary closure, written
notice must be provided 60 days prior to facility closure.
(B) In the case of involuntary closure,
written notice must be provided as determined by the Department.
(h) A facility must provide
written notice to a resident voluntarily transferring from a facility pursuant
to this rule and must maintain the signed consent form in the resident's
medical record.
(2)
NOTIFICATION LIST. The facility must maintain and keep current in the
resident's record the name, address, and telephone number of the resident's
legal representative, if any, and of any person designated by the resident or
the resident's legal representative to receive notice of a transfer. The
facility must also record the name, address, and telephone number of any person
who has demonstrated consistent concern for the resident if the resident has no
one who is currently involved and who has been designated by the resident.
(3) NOTICE DISTRIBUTION. Notice
must be provided to:
(a) The resident or
former resident, as appropriate;
(b) All persons required to be listed in the
resident's medical record under section (2) of this rule;
(c) The local unit of the Aging and People
with Disabilities Division or Type B Area Agency on Aging. The notice does not
need to be provided to the local unit of the Aging and People with Disabilities
Division or Type B Area Agency on Aging if the resident is private pay and the
resident's stay in the facility totals 30 days or less; and
(d) The Long-Term Care Ombudsman if there is
no one currently involved and designated by the resident. Written notice must
be provided to the Long-Term Care Ombudsman In the case of an involuntary
transfer under OAR 411-088-0020(1)(f)
(Termination of Nursing Facility
Operations).
(4)
STANDARD NOTICE REQUIRED. Written notice must be provided using Form # 0509
(Notice of Transfer), Form # 0510 (Denial of Readmission/Return), or Form
#0509L (Resident Letter Nursing Facility Closure), as appropriate. Forms may be
accessed electronically from the Department's Forms Server
(https://aix-xweb1p.state.or.us/es_xweb/FORMS/) or from the Department by
request.
(a) The notice provided to a
resident and the people required to be listed in the resident's medical record
under section (2) of this rule must be accompanied by a copy of the Aging and
People with Disabilities Division's brochure, "Leaving the Nursing Facility"
(Form #9847).
(b) In the case of
involuntary transfer under OAR
411-088-0020(1)(f)
(Termination of Nursing Facility Operations), Form #0509L (Resident Letter
Nursing Facility Closure) must be distributed with Form #0509 (Notice of
Transfer).
(5) NOTICE
SERVICE. If the person receiving notice as described in section (3) of this
rule is a resident at a facility, the facility must personally serve the
written notice to the resident. All other notices required by this rule,
including notices to former residents, must be either served personally or
delivered by registered or certified mail.
Notes
Stat. Auth.: ORS 441.055 & 441.615
Stats. Implemented: ORS 441.055, 441.600, 441.605, & 441.615
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