LONG TERM CARE FACILITIES
441.600 Definitions for ORS 441.600 to 441.625. As used in ORS 441.600 to 441.625 unless the context requires otherwise:
(1) Department means the Department of Human Services.
(2) Facility means a long term care facility as defined in ORS 442.015.
(3) Legal representative means attorney at law, person holding a general power of attorney, guardian, conservator or any person appointed by a court to manage the personal or financial affairs of a resident or person or agency legally responsible for the welfare or support of a resident.
(4) Person means an individual and every form of organization, whether incorporated or unincorporated, including partnership, corporation, trust, association or administrative agency or political subdivision of this state.
(5) Resident means an individual under care in a facility. [1979 c.261 '2; 1987 c.428 '25]
441.605 Legislative declaration of rights intended for residents. It is the intent of the Legislative Assembly that facilities guarantee at a minimum that each resident has the right to be:
(1) Fully informed of all resident rights and all facility rules governing resident conduct and responsibilities.
(2) Fully informed which services are available and of any additional charges not covered by the daily rates or by Medicare or Medicaid.
(3) Informed by a physician of the medical condition of the resident unless medically contraindicated in the medical record, and given the opportunity to participate in planning medical treatment and to refuse experimental research.
(4) Transferred or discharged only for medical reasons, or for the welfare of the resident or of other residents of the facility, or for nonpayment and to be given reasonable advance notice to insure orderly transfer or discharge.
(5) Encouraged and assisted while in the facility to exercise rights as a citizen, and to voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination or reprisal.
(6) Allowed either to manage personal finances or be given a quarterly report of account if the facility has been delegated in writing to carry out this responsibility.
(7) Free from mental and physical abuse and assured that no chemical or physical restraints will be used except on order of a physician.
(8) Assured that medical and personal records are kept confidential and unless the resident transferred, or examination of the records is required by the third party payment contractor, are not released outside the facility. However, nothing in this subsection is intended to prevent a resident from authorizing access to the resident's medical and personal records by another person.
(9) Treated with respect and dignity and assured complete privacy during treatment and when receiving personal care.
(10) Assured that the resident will not be required to perform services for the facility that are not for therapeutic purposes as identified in the plan of care for the resident.
(11) Allowed to associate and communicate privately with persons of the resident's choice and send and receive personal mail unopened unless medically contraindicated by the attending physician in the medical record of the resident.
(12) Allowed to participate in activities of social, religious and community groups at the discretion of the resident unless medically contraindicated.
(13) Able to keep and use personal clothing and possessions as space permits unless to do so infringes on other residents rights and unless medically contraindicated and upon the resident=s request and the facility management's consent have access to a private locker, chest or chest drawer that is provided by the resident or the facility that is large enough to accommodate jewelry and small personal property and that can be locked by the resident although both the resident and the facility management may have keys.
(14) Provided, if married, with privacy for visits by the resident's spouse. If both spouses are residents in the facility, they are permitted to share a room.
(15) Not required to sign a contract or waiver that waives the resident's right to collect payment for lost or stolen articles. [1979 c.261 '4; 1981 c.326 '1; 1987 c.397 '1]
441.610 Nursing home patients bill of rights; rules. (1) The Department of Human Services shall adopt a nursing home patients bill of rights consistent with the principles set forth in ORS 441.605. The rules shall be applicable to all residents and as far as practicable shall conform to any federal nursing home patients bill of rights.
(2) The department shall periodically review the rules to assure that they meet the principles set forth in ORS 441.605 and that they are in conformity with federal standards but in no case shall the rules be less protective than required by ORS 441.605.
(3) The department shall be guided by federal interpretative standards in its enforcement of the nursing home patients bill of rights. [1979 c.261 '5; 1987 c.397 '2]
441.612 Additional rights; rules. (1) The Department of Human Services shall adopt a bill of rights for residents and patients of long term care facilities, as defined in ORS 442.015. The rules shall be applicable to all residents and patients.
(2) The rights adopted by the department pursuant to subsection (1) of this section shall be in addition to those rights provided in, or by rule adopted pursuant to, ORS 441.605 and 441.610.
(3) The following rights shall be included in the bill of rights adopted by the department pursuant to subsection (1) of this section:
(a) A resident or patient of a long term care facility shall have the right to receive care from facility staff trained to provide care that is specific to the resident's or patient's disease or medical condition; and
(b) A resident or patient of a long term care facility shall have the right to receive a modified or special diet that meets the specific requirements of the resident's or patient's disease or medical condition. [2007 c.556 '2]
441.615 Powers and responsibilities of department; rules. In the administration of ORS 441.600 to 441.625, 441.710 and 441.715, the Department of Human Services shall have the following powers and responsibilities:
(1) To inspect any facility and the records of any facility to insure compliance with ORS 441.600 to 441.625, 441.710 and 441.715.
(2) To adopt rules in accordance with ORS chapter 183, including but not limited to procedures for investigations and administrative hearings.
(3) To file complaints and initiate proceedings for the enforcement of ORS 441.600 to 441.625, 441.710 and 441.715 or of rules adopted under ORS 441.600 to 441.625, 441.710 and 441.715.
(4) To issue subpoenas. [1979 c.261 '3]
441.620 Disclosure of business information required. Each facility shall disclose to the resident in writing its legal name and business address, and the name and business address of the administrator of the facility, at the time of admission of a resident. Information required to be disclosed by this section shall be kept current. [1979 c.261 '6]
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