1. (1) The provider must enter into a written residency agreement with each resident or the resident’s legal representative and be admitted to the program consistent with the placement type with the following procedures:

   1. (a) The written residency agreement must be reviewed and signed by the program administrator, the resident, and the resident’s legal representative or supervisory entity, as applicable, prior to or at the time of admission, and at any time the agreement is updated. If the resident declines to sign the agreement after reviewing the agreement with the provider, the agreement is considered valid if signed by the resident’s legal representative or supervisory entity, as applicable.
   2. (b) The provider must provide a copy of the signed agreement to the resident or the resident’s legal representative or supervisory entity, as applicable;
   3. (c) The provider must retain the original signed agreement in the resident’s service record;
   4. (d) The provider must give written notice to a resident or the resident’s legal representative at least 30 calendar days prior to any general rate increases, additions, or other modifications of the rates; and

   5. (e) The provider must update residency agreements:

      1. (A) At least annually; and
      2. (B) When social security rates change; or
      3. (C) a resident’s finances change such that the amount paid for room and board changes.

2. (2) The residency agreement must include, but is not limited to:

   1. (a) The room and board rate;

      1. (A) When a resident’s social security or other funding is not active at the time of admission to the program, the program must prepare the room and board agreement based upon the estimated benefit to be received by the resident; and
      2. (B) If, when funding is later activated, actual income of the resident varies from the estimated income noted on the residency agreement, the agreement must be updated and resigned by all the applicable parties.
   2. (b) Services and supports provided in exchange for payment of the room and board rate;
   3. (c) Conditions under which the program may change the rates and apply charges or fees.
   4. (d) The provider’s refund policy in instances of a resident's hospitalization, death, transfer to a nursing facility or other care facility, and voluntary or involuntary move from the program;
   5. (e) A statement indicating that the resident is not liable for damages considered normal wear and tear;
   6. (f) The program’s policies on voluntary moves and whether written notification of a non-Medicaid resident’s intent to not return is required;
   7. (g) The potential reasons for involuntary transfer or discharge of residency in compliance with this rule and resident’s rights regarding the administrative hearing process;
   8. (h) Any policies the program may have on the presence and use of alcohol, cannabis, and illegal drugs of abuse;
   9. (i) Policy for prohibiting the possession and use of weapons on the program’s property by all residents, visitors, and staff;
   10. (j) Policy describing reasonable causes and methods for conducting a safe search for weapons and required procedures to follow when a weapon is discovered. Reasonable cause must include, but is not limited to, direct observations and specific credible reporting. Search procedures must include, but are not limited to, conducting the search, safe removal of any weapons found, placement of weapons discovered in a designated secure area, and notifying the resident and their legal representative or supervisory entity, if applicable;
   11. (k) Policy regarding tobacco smoking in compliance with the Tobacco Freedom Policy established by the Division;
   12. (l) Policy addressing pet and service animals. The program may not restrict animals that provide assistance or perform tasks for the benefit of a person with a disability. These animals are often referred to as services animals, assistance animals, support animals, therapy animals, companion animals, or emotional support animals;
   13. (m) Policy regarding the presence and use of legal medical and recreational marijuana at the setting;
   14. (n) Schedule of mealtimes with no more than a 14-hour span between the evening meal and the following morning’s meal;
   15. (o) Policy regarding refunds for residents eligible for Medicaid services, including pro-rating partial months and if the room and board payment is refundable;
   16. (p) Any social covenants required by the program that may be included in the document or as an addendum that do not conflict with resident rights and freedoms as outlined in OAR 309-035-0110 and 309-035-0175;
   17. (q) Description of the person-centered planning process; and

   18. (r) Statement informing the resident of the freedoms authorized by 42 CFR 441.710(a)(1) that may not be limited without the informed, written consent of the resident, the resident’s legal representative, as applicable, or supervising entity when the resident is placed with the provider by a court, OHA, CMHP, or PSRB order, including:

       1. (A) Live under a legally enforceable agreement with protections substantially equivalent to landlord-tenant laws;
       2. (B) The freedom and support to access food at any time;
       3. (C) To have visitors of the resident’s choosing at any time;
       4. (D) Have a lockable door in the resident’s unit that may be locked by the resident;
       5. (E) Choose a roommate when sharing a unit;
       6. (F) Furnish and decorate the resident’s unit according to the Residency Agreement;
       7. (G) The freedom and support to control the resident’s schedule and activities; and
       8. (H) Privacy in the resident’s unit.
3. (3) The provider may not charge fees that are not clearly described in the residency agreement.

4. (4) The provider may not propose or enter into a residency agreement that:

   1. (a) Charges or asks for:

      1. (A) Application fees;
      2. (B) Refundable deposits;
      3. (C) Non-refundable deposits;
      4. (D) Money or property for services other than the amount agreed upon as described in OAR 410-120-1280(1).
   2. (b) Includes any illegal or unenforceable provisions or ask or require a resident to waive any of the resident's rights or the provider's liability for negligence; or
   3. (c) Conflicts with resident rights and freedoms or these rules.
5. (5) Residents who are placed in programs by a supervisory entity under ORS chapter 161 or 426, must be given written information corresponding to each of their applicable rights and processes as described in subsection (1) and (2) of this section as part of the residency agreement.
6. (6) Providers are not required to obtain signed agreements from residents placed by a supervisory entity but must document all efforts to engage the resident in plan development. Providers must document in the resident’s record the information that was provided to the resident both orally and in writing. A copy of the residency agreement and the order under which the resident is placed under ORS chapter 161 or 426 must be placed in the resident’s record.

Statutory/Other Authority

ORS 413.042 & 443.450

Statutes/Other Implemented

ORS 413.032, 443.400 - 443.465 & 443.991

History

BHS 13-2026, temporary amend filed 06/01/2026, effective 06/01/2026 through 11/25/2026
BHS 7-2026, temporary amend filed 05/14/2026, effective 05/15/2026 through 05/31/2026
BHS 6-2026, amend filed 04/30/2026, effective 05/01/2026
BHS 5-2026, amend filed 04/30/2026, effective 06/01/2026
BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026
BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025
BHS 6-2024, amend filed 04/11/2024, effective 04/11/2024
BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 04/11/2024
MHS 5-2017, f. & cert. ef. 6-8-17
MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
MHS 4-2008, f. & cert. ef. 6-12-08
MHD 4-2005, f. & cert. ef. 4-1-05
MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98
MHD 9-1985, f. & ef. 6-7-85
MHD 9-1984(Temp), f. & ef. 12-10-84