1. (1) On or after February 1, 1991, except as provided in section (2) of this rule, prior to admission to an adult foster home, a residential care facility, or a non-Medicaid certified nursing facility, the facility must advise the individual seeking admission of the availability of admission assessment services at their own expense.
2. (2) An individual who is entering a non-Medicaid certified nursing facility that is part of a closed system continuing care retirement community shall be exempt from this requirement.
3. (3) The facility must certify on a form provided by the Department that the individual has been so advised. The facility shall maintain a copy of the form in the individual's client record and make a copy available to the Area Agency on Aging/Seniors and People with Disabilities unit upon request.
4. (4) Adult foster homes, residential care facilities and non-Medicaid nursing facilities who fail to comply with these rules will be subject to sanctions against their license as specified in: ORS 443.705 to 443.820 and OAR 411, division 50, for adult foster homes; ORS 443.400 to 443.455 and OAR 411, division 54, for residential care facilities; and ORS Chapter 441 and OAR 411, divisions 85–89, for non-Medicaid nursing facilities.

Statutory/Other Authority

ORS 410.505 - 410.545

Statutes/Other Implemented

ORS 410.515 & 410.540

History

SPD 30-2004, f. 8-27-04, cert. ef. 9-1-04
SSD 1-1994, f. 3-11-94, cert. ef. 3-15-94
SSD 3-1991, f. & cert. ef. 2-1-91