As used in ORS 441.705 to 441.745: (1) “Direct patient care or feeding” means any care provided directly to or for any patient related to that patient’s physical, medical and dietary well-being as defined by rules of: (a) The Department of Human Services when the facility is a long term care facility, as defined in […]
(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS 441.731 for any of the following: (A) Violation of any of the terms or conditions of a license issued under ORS 441.015 to 441.087, 441.525 to 441.595, […]
(1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before: (a) The Director of […]
(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS […]
A civil penalty imposed under ORS 441.710 may be remitted or reduced upon such terms and conditions as the Director of the Oregon Health Authority or the Director of Human Services considers proper and consistent with the public health and safety. [1975 c.328 §3; 1987 c.428 §39; 2009 c.595 §742] Note: See note under 441.705.
(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of […]
(1) The Director of Human Services may impose a civil penalty under ORS 441.710 on a residential care facility or a long term care facility pursuant to this section. (2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this section, the director shall consider: (A) […]
(1) As used in this section: (a) “Immediate jeopardy” means a situation in which the failure of a residential care facility or a long term care facility to comply with a rule of the Department of Human Services has caused or is likely to cause serious injury, serious harm, serious impairment or death to a […]
Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 §7] Note: See note under 441.705.
All penalties recovered under ORS 441.710 to 441.740 shall be deposited in the Quality Care Fund established in ORS 443.001. [1975 c.328 §8; 2009 c.837 §22; 2017 c.679 §44] Note: See note under 441.705. Note: Sections 2 and 6, chapter 616, Oregon Laws 2021, provide: Sec. 2. (1) As used in this section: (a) “Emergency […]
