When a long-term care facility chooses to obtain a license from the Oregon Department of Human Services as a residential care facility as defined in OAR 333-610-0010(10) for all, or for a separate and distinct part of its currently licensed long-term care facility bed capacity, it is not required, under statute, to accept a correspondingly reduced Oregon Department of Human Services "long-term care facility" license as described in OAR 333-610-0010(8). Federal regulations, however, may require this under some circumstances. The following certificate of need rules will apply at such time that appropriate, coordinated licensing rules are adopted by the Oregon Department of Human Services:

1. (1) Future reconversion of such beds from residential care to long-term care (nursing facility) beds will be considered an expansion of the then existing Oregon Department of Human Services licensed long-term care facility service, and may be subject to the certificate of need law under applicable thresholds regarding expansions in long-term care bed capacity; and
2. (2) In evaluating a reconversion project, the Oregon Health Authority shall consider the costs, compared to new construction, and to the comparative quality and cost of care currently provided at the facility; and
3. (3) Reconversion projects as described in this rule will be subject to county-specific bed need criteria under OAR 333-610-0020 to 333-610-0030.

Statutory/Other Authority

ORS 431.120 & 442.315

Statutes/Other Implemented

ORS 431.120 & 442.315

History

PH 27-2026, temporary amend filed 06/25/2026, effective 06/25/2026 through 12/21/2026
HD 13-1994, f. & cert. ef. 4-22-94