Or. Admin. Code § 333-071-0205

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-071-0205 - Definitions

As used in OAR chapter 333, division 71, unless the context requires otherwise, the following definitions apply:

(1) "Assessment" means a complete nursing assessment, including:

(a) The systematic and ongoing collection of information to determine an individual's health status and need for intervention;

(b) A comparison with past information; and

(c) Judgement, evaluation or a conclusion that occurs as a result of subsections (a) and (b) of this definition.

(2) "Authentication" means verification that an entry in the patient medical record is genuine.

(3) "Authority" means the Oregon Health Authority, Public Health Division.

(4) "CMS" means the Centers for Medicare and Medicaid Services.

(5) "Certified nursing assistant" (CNA) means a person who is certified by the Oregon State Board of Nursing to assist licensed nursing personnel in the provision of nursing care.

(6) "Conditions of participation" or "conditions for coverage" mean the applicable federal regulations that health care facilities are required to comply with in order to participate in the federal Medicare and Medicaid programs.

(7) "Deemed status" means an SICF that has been inspected by a CMS-approved national accrediting organization, has been found to meet or exceed all applicable Medicare conditions, and CMS finds the SICF to be in compliance.

(8) "Direct ownership" has the meaning given the term 'ownership interest' in 42 CFR 420.201.

(9) "Discharge" means the release of a person who was an inpatient of an SICF including, but not limited to:

(a) The release of a person from the SICF to another facility;

(b) A patient who has died; and

(c) An inpatient who leaves the SICF for purposes of utilizing non-SICF owned or operated diagnostic or treatment equipment, if the person does not return as an inpatient of the same SICF with a 24-hour period.

(10) "Financial interest" means a five percent or greater direct or indirect ownership interest.

(11) "Freestanding hospice facility" (FHF) means an SICF which:

(a) Only admits patients who have been certified by the hospice medical director or physician designee, in collaboration with the patient's attending physician, to be terminally ill, to have a life expectancy not to exceed 6 months, and have given up active treatment aimed at cure; and

(b) Complies with ORS 443.850 and 443.860.

(c) For purposes of freestanding hospice facilities, "attending physician" means a physician, physician assistant, or nurse practitioner that has been identified by a patient, at the time the patient elects to receive hospice care, as having the most significant role in the determination and delivery of the patient's medical care.

(12) "Full compliance survey" means a survey conducted by the Authority following a complaint investigation to determine an SICF's compliance with the CMS conditions of participation or conditions for coverage.

(13) "Governing body" means the body or person legally responsible for the direction and control of the operation of the facility.

(14) "Governmental unit" means the state, or any county, municipality, or other political subdivision, or any related department, division, board or other agency.

(15) "Health care practitioner" has the meaning given that term in ORS 441.224.

(16) "Indirect ownership" has the meaning given the term 'indirect ownership interest' in 42 CFR 420.201.

(17) "Inpatient beds" means a bed in an SICF available for occupancy by a patient who will or may be cared for and treated on an overnight basis.

(18) "Intensive rehabilitative services" means therapy and training to restore an individual to health or to participate in activities of daily living that includes but is not limited to occupational therapy, physical therapy, speech therapy or respiratory therapy.

(19) "Licensed" means that the person to whom the term applies is currently licensed, certified or registered by the proper authority to follow his or her profession or vocation within the State of Oregon, and when applied to an SICF means that the facility is currently licensed by the Authority.

(20) "Licensed practical nurse" (LPN) means a person licensed under ORS chapter 678 to practice practical nursing.

(21) "NFPA" means National Fire Protection Association.

(22) "Nonmedical care and services" means assistance or services, other than medical health care and services, provided by attendants for the physical, mental, emotional or spiritual comfort and well-being of residents or patients.

(23) "Nurse practitioner" (NP) has the meaning given that term in ORS 678.010.

(24) "Nursing assistant" means a person who assists licensed nursing personnel in the provision of nursing care.

(25) "Nursing staff" means a registered nurse, a licensed practical nurse, or other assistive nursing personnel.

(26) "Patient audit" means review of the medical record or patient observation including the care provided to a patient from admission to discharge.

(27) "Person" has the meaning given that term in ORS 442.015.

(28) "Physician" means a person licensed as a doctor of medicine or osteopathy under ORS chapter 677.

(29) "Physician designee" means a physician designated by the hospice who assumes the responsibilities and obligations as the medical director when the medical director is not available.

(30) "Physician's assistant" has the meaning given that term in ORS 677.495.

(31) "Plan of correction" means a document executed by a hospital in response to a statement of deficiency issued by the Authority that describes with specificity how and when deficiencies of SICF licensing laws, conditions of participation or conditions for coverage shall be corrected.

(32) "Registered nurse" (RN) means a person licensed under ORS chapter 678 to practice registered nursing.

(33) "Rehabilitation hospital" means a hospital licensed in accordance with these rules that provides intensive rehabilitative services for patients with complex nursing, medical management and rehabilitative needs.

(34) "Religious institution" is a facility that meets the qualifications specified in ORS 441.065 and provides nonmedical care and services.

(35) "Special inpatient care facility" (SICF) means a facility with inpatient beds that are designed and utilized for special health care purposes, including but not limited to a rehabilitation hospital, substance use disorder treatment facility, freestanding hospice facility, or a religious institution.

(36) "SICF licensing law" means ORS 441.005 through 441.990 and its implementing rules.

(37) "Statement of deficiencies" means a document issued by the Authority that describes an SICF's deficiencies in complying with SICF licensing laws, conditions of participation or conditions for coverage.

(38) "Survey" means an inspection of an SICF to determine the extent to which an SICF is in compliance with SICF licensing laws, conditions of participation or conditions for coverage.

(39) "These rules" means OAR 333-071-0200 through OAR 333-071-0580.

Or. Admin. Code § 333-071-0205

Renumbered from 333-071-0000, PH 281-2018, filed 12/19/2018, effective 12/19/2018; PH 4-2019, amend filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 441.025

Statutes/Other Implemented: ORS 441.015 - 441.087