1. (1) An agency that violates home health licensing laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.

2. (2) In determining the amount of a civil penalty, the Authority shall consider whether:

   1. (a) The Authority made repeated attempts to obtain compliance;
   2. (b) The licensee has a history of non-compliance with home health licensing laws and rules;
   3. (c) The violation poses a serious risk to the public’s health; and
   4. (d) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance.
3. (3) The Authority shall document its consideration of the factors in section (2) of this rule.
4. (4) Each day a violation continues is an additional violation.
5. (5) A civil penalty imposed under this rule shall comply with ORS 183.746.

Statutory/Other Authority

ORS 443.085

Statutes/Other Implemented

ORS 443.045 & 443.085

History

PH 3-2022, amend filed 01/11/2022, effective 01/13/2022
PH 7-2012, f. 3-30-12, cert. ef. 4-1-12