1. (1) A long term care facility that fails to file a quarterly report or pay a quarterly assessment when due under OAR 411-069-0040 is subject to a penalty of $500 per day of delinquency. The penalty accrues from the date of deficiency, notwithstanding the date of any notice under these rules.
2. (2) A long term care facility that is exempt from paying provider assessments is not required to file a quarterly report, but is required to file an annual cost or revenue report. Even if exempt, a long term care facility that fails to file annual cost or revenue reports when due under OAR 411-069-0040 is subject to a penalty of up to $500 per day of delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules.
3. (3) A long term care facility that fails to file an annual cost report or revenue report when due under OAR 411-069-0040 is subject to a penalty of up to $500 per day of delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules.
4. (4) A long term care facility that files a cost report or annual revenue report, but fails to pay a fiscal year reconciliation assessment payment when due under OAR 411-069-0040 is subject to a penalty of up to $500 per day of delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules.
5. (5) Penalties imposed under this section shall be collected by the Department and deposited in the Department's account established under ORS 409.060.
6. (6) Penalties paid under this section are in addition to the long term care facility assessment.
7. (7) If the Department determines that a facility is subject to a penalty under this section, the Department shall issue a notice of proposed action as described in OAR 411-069-0100.
8. (8) If a facility requests a contested case hearing pursuant to OAR 411-069-0120, the Director, at the Director's sole discretion, may waive or reduce the amount of penalty assessed.

9. (9) If a facility fails to report or pay the provider assessment after the Department issues a final order described in OAR 411-069-0130, then the Department shall pursue remedies described in OAR 411-069-0140 that may include:

   1. (a) A final order leading to collection activities;
   2. (b) Nursing facility license denial, suspension, or revocation;
   3. (c) Admission restrictions; or
   4. (d) Terminating provider contracts.

Statutory/Other Authority

ORS 409.050, 410.070 & 411.060

Statutes/Other Implemented

OL 2003 Ch. 736 & ORS 409.750

History

APD 17-2018, amend filed 06/28/2018, effective 07/01/2018
APD 7-2014, f. & cert. ef. 4-1-14
SPD 41-2013(Temp), f. & cert. ef. 10-7-13 thru 4-5-14
Renumbered from 410-050-0491, SDP 3-2011, f. & cert. ef. 2-1-11
DMAP 29-2008, f. 8-29-08, cert. ef. 9-1-08
DMAP 2-2008, f. & cert. ef. 1-25-08
OMAP 3-2005, f. & cert. ef. 2-1-05