Or. Admin. R. 411-049-0140

Current through Register Vol. 63, No. 6, June 1, 2024

Section 411-049-0140 - Local Licensing Authority Action and Inspections

(1) The licensee or administrator must be given a copy of the Department's inspection report forms as follows:

(a) INITIAL LICENSE. The Department's Adult Foster Home Initial Inspection Worksheet (APD 0516) identifying any areas of non-compliance and a time frame for correction.

(b) RENEWAL LICENSE. The Department's Renewal Inspection Worksheet (APD 0517), and the Department's Statement of Deficiencies and Plan of Correction identifying any area of non-compliance with a time frame for correction. The Statement of Deficiencies must specify a time frame for the correction of each violation. The time frame for correction may not exceed 30 calendar days from the date of inspection.

(2) ISSUANCE.

(a) The LLA must issue an initial license within 60 calendar days after the completed application materials have been received if the home is in compliance with these rules.

(b) The LLA shall not issue an initial or renewal license unless the following requirements are met:

(A) The applicant and the AFH are in compliance with ORS 443.705 to 443.825 and these rules, including any applicable conditions and other final orders of the Department.

(B) The LLA has completed an in-person inspection of the AFH.

(C) The Department has completed a background check in accordance with OAR 411-049-0120.

(D) The LLA has reviewed the record of sanctions available from the LLA's files.

(E) The LLA has determined the nursing assistant registry maintained under 42 CFR 483.156 contains no finding that the licensee or any nursing assistant employed by the licensee has been responsible for abuse.

(F) The LLA has determined the licensee is not listed on either of the Exclusion Lists.

(G) The applicant currently operates or has operated any other facility licensed by the applicant in substantial compliance with ORS 443.705 to 443.825.

(H) The applicant has demonstrated to the LLA the financial ability and resources necessary to operate an AFH in accordance with OAR 411-049-0125(3).

(3) BURDEN OF PROOF.

(a) In seeking an initial license, the burden of proof to establish compliance with ORS 443.705 to 443.825 and these rules is upon the AFH applicant.

(b) In seeking the renewal of a license when an AFH has been licensed for less than 24 months, the burden of proof to establish compliance with ORS 443.705 to 443.825 and these rules is upon the licensee.

(c) In seeking the renewal of a license when an AFH has been licensed for 24 or more continuous months, the burden of proof to establish non-compliance with ORS 443.705 to 443.825 and these rules is upon the Department.

(4) INSPECTION REPORTS. The licensee or administrator must:

(a) Post the most recent inspection reports in the entry of the home or an equally prominent place; or

(b) Maintain the most recent inspection reports in a binder that is readily accessible and post the location of the facility binder with other required postings.

(c) Upon request, provide a copy of the reports to each resident, person applying for admission to the home, or the legal representative, guardian, or conservator of a resident.

Or. Admin. R. 411-049-0140

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019; APD 61-2021, amend filed 12/23/2021, effective 1/1/2022; APD 47-2022, minor correction filed 09/26/2022, effective 9/26/2022

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790

Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991