ORS 441.289
Powers and duties of trustee


A trustee appointed under ORS 441.281 (Petition for appointment of trustee):

(1)

May exercise any powers and shall perform any duties required by the court.

(2)

Shall operate the facility in such a manner as to protect the health and welfare of the patients.

(3)

Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for the appointment of the trustee is filed as the licensee would have had if the trustee had not been appointed.

(4)

Shall take such action as is reasonably necessary to protect and conserve the assets and property the trustee takes in possession, or the proceeds of any transfer thereof, and may use them only in the performance of the powers and duties set forth in this section and by order of the court.

(5)

May receive and spend the facility’s income and encumber its assets to the extent specifically authorized by the court and do all acts necessary or appropriate to promote the health and safety of the patients.

(6)

Shall have the power to maintain an action to reach the assets of the parent corporation if it appears to the court that the parent corporation is the actual controlling owner of the facility and that the named owner is not in control of the facility.

(7)

May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to patients at the time the petition for the appointment of the trustee was filed.

(8)

Shall collect payments for all goods and services provided to patients during the period of the trust, at the same rate of payment charged by the facility at the time the petition for the appointment of the trustee was filed, unless a different rate is set by the court.

(9)

May correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the health or welfare of the patients while they remain in the facility. However, the total cost of correction may not exceed $3,000 unless the court orders expenditures for this purpose in excess of $3,000 upon application by the trustee.

(10)

May make contracts and hire agents and employees to assist the trustee in carrying out the powers and duties described in this section, subject to approval by the court.

(11)

Except as provided in ORS 441.296 (Liability for rent or contracts), shall honor all leases, mortgages and secured transactions governing the building in which this facility is located and all goods and fixtures in the building of which the trustee has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the trust, or which, in the case of a purchase agreement, come due during the period of the trust.

(12)

May direct, manage and discharge employees of the facility, subject to any contract rights they may have.

(13)

Shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner, operator or other controlling person, except the trustee shall compensate employees only for time actually worked during the period of the trust and shall not be responsible for reimbursement for vacations or periods of sick leave. However, in no case shall a trustee compensate any employee of a facility in an amount which is less than the minimum amount required by law.

(14)

Shall be entitled to take possession of all property or assets belonging to patients that are in the possession of the long term care facility.

(15)

Shall preserve and protect all property, assets and records of patients of which the trustee takes possession.

(16)

May prohibit any person, including a licensee, from entering or remaining on the premises if in the opinion of the trustee the person is interfering or has materially interfered with the ability of the trustee to exercise the powers and duties under this section.

(17)

If the facility ceases to operate and closes during the period of the trust and any patient is transferred as a result, shall ensure that:

(a)

Transportation of the patient, the patient’s belongings and the medical record to the new location is provided.

(b)

Aid for locating alternative placements is available to the patient or the patient’s legal representative.

(c)

Each patient is physically and mentally prepared for transfer to avoid possible trauma due to the transfer.

(d)

Each patient or the patient’s legal representative is permitted to participate in the selection of the new placement.

(18)

Is an agent of the state for purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for which the Department of Human Services shall be assessed and the department may use the Facility Fund established under ORS 441.303 (Establishment of Facility Fund) to pay the assessment. [1981 c.868 §4; 1985 c.731 §28; 1987 c.428 §20; 1997 c.249 §140; 2009 c.539 §3]

Source: Section 441.289 — Powers and duties of trustee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html.

Notes of Decisions

Where costs incurred by state court-appointed trustee are not incurred to remedy health or safety law violation, costs were not incurred to benefit or preserve bankruptcy estate and are not entitled to administrative expense priority. In re Allen Care Centers, Inc., 96 F3d 1328 (9th Cir. 1996)

441.015
Licensing of facilities and health maintenance organizations
441.020
Application
441.021
Additional fees for investigation and compliance activities
441.022
Factors to be considered in licensing
441.025
License issuance
441.026
Licensing of extended stay centers
441.030
Denial, suspension or revocation of licenses
441.037
Hearings
441.038
Additional remedies
441.044
Complaints about standard of care in facility
441.046
Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident
441.047
Requirement to provide resident with information about Long Term Care Ombudsman services
441.048
Discrimination based on execution of POLST, advance directive or similar instruction prohibited
441.049
Support persons for patients with disabilities
441.051
Discharge of patient to care of lay caregiver
441.053
Release of patient presenting with behavioral health crisis
441.054
Discharge of patients receiving mental health treatment
441.055
Health care facility medical staff and bylaws
441.056
Credentialing telemedicine providers
441.059
Access to previous X-rays and reports by patients of chiropractic physicians
441.060
Inspections
441.061
Delegation of health inspections to local public health authorities
441.062
Coordination of inspections
441.063
Use of facilities by licensed podiatric physicians and surgeons
441.064
Use of facilities by nurse practitioners and physician assistants
441.065
Exemption of certain religious institutions
441.067
Inspection reports, complaint procedures and rules
441.073
Rules regarding staff ratio in long term care facilities
441.077
Revocation of license and other penalties for imposing restrictions upon certain physicians
441.078
Disability discrimination prohibited in provision or insurance coverage of organ transplantation
441.079
Eye, organ and tissue transplants
441.082
Registration of organ procurement organization, tissue bank and eye bank
441.083
Drug information to be provided patients of long term and intermediate care facilities
441.084
Choice of patient on suppliers of drugs and supplies
441.086
Ambulatory surgical centers
441.087
General inspection of long term care facility
441.089
Application of Health Care Quality Improvement Act of 1986
441.094
Denial of emergency medical services because of inability to pay prohibited
441.096
Identification badges
441.098
Health practitioner referral of patient to treatment or diagnostic testing facility
441.099
Health Licensing Office to ensure compliance with ORS 441.098
441.101
Safeguards for protected health information
441.151
“Hospital” defined for ORS 441.152 to 441.177
441.152
Nurse Staffing Advisory Board
441.154
Hospital nurse staffing committee
441.155
Written staffing plan for nursing services
441.156
Annual review of nurse staffing plan
441.157
Audits
441.164
Variances to staffing plan requirements
441.165
Modification of nurse staffing plan in case of emergency or epidemic
441.166
Need for replacement staff
441.168
Leaving a patient care assignment
441.169
Public notice
441.171
Complaint investigations
441.173
Hospital to maintain records
441.175
Civil penalties
441.177
Posting of audit reports and civil penalties
441.179
Definitions for ORS 441.179 to 441.186
441.181
Retaliation prohibited
441.183
Remedies for retaliation
441.184
Unlawful employment practices
441.185
Hospital posting of notice
441.186
Rights, privileges or remedies of nursing staff
441.192
Notice of employment outside of hospital
441.221
Advisory Committee on Physician Credentialing Information
441.222
Committee recommendations
441.223
Implementation of committee recommendations
441.277
Definitions for ORS 441.277 to 441.323
441.281
Petition for appointment of trustee
441.286
Grounds for appointment of trustee
441.289
Powers and duties of trustee
441.293
Liability to trustee for goods and services after notice
441.296
Liability for rent or contracts
441.301
Payment of expenses when income inadequate
441.303
Establishment of Facility Fund
441.306
Compensation of trustee
441.309
Trustee as public employee
441.312
License renewal of facility placed in trust
441.316
Termination of trust
441.318
Trustee accounting
441.323
Effect of trust or temporary management on prior obligations or civil or criminal liabilities
441.331
Definition of “facility” for ORS 441.331 to 441.341
441.333
Appointment of temporary manager
441.336
Accounting by temporary manager
441.338
Temporary manager as agent of state agency
441.341
Rules
441.357
Definitions for ORS 441.357 to 441.367
441.362
Notice by Department of Human Services prior to move or termination
441.367
Facility required to give notice of base rate and policy on nonpayment
441.373
Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime
441.402
Definitions for ORS 441.402 to 441.419
441.403
Office of Long Term Care Ombudsman
441.404
Funding of office
441.406
Duties of ombudsman
441.407
Procedures to maintain confidentiality
441.408
Right of entry into facilities and access to records
441.409
Report after investigation
441.411
Notice of complaint procedures
441.412
Immunity of employees
441.413
Appointment of designees
441.414
Effect of ORS 441.402 to 441.419 on right to visitors
441.416
Residential Ombudsman and Public Guardianship Advisory Board
441.417
Duties
441.418
Appeal to Residential Ombudsman and Public Guardianship Advisory Board
441.419
Long Term Care Ombudsman Account
441.525
Definitions for ORS 441.525 to 441.595
441.530
Policy
441.532
Municipalities authorized to create authority
441.535
Procedure to create public authority
441.540
Board of directors
441.545
Authority may not levy taxes
441.550
General powers
441.555
Issuance of revenue obligations
441.560
Borrowing
441.565
Obligations of authority not obligations of municipality
441.570
Payment of principal and interest
441.575
Authorities may act jointly
441.580
Authority as public body
441.585
Disposition of excess earnings
441.590
Authority granted by ORS 441.525 to 441.595
441.595
Construction of ORS 441.525 to 441.595
441.600
Definitions for ORS 441.600 to 441.625
441.605
Legislative declaration of rights intended for residents
441.610
Nursing home patients’ bill of rights
441.612
Additional rights
441.615
Powers and responsibilities of department
441.620
Disclosure of business information required
441.624
Purpose
441.625
Retaliation against resident exercising rights prohibited
441.630
Definitions for ORS 441.630 to 441.680
441.635
Legislative finding
441.637
Rules
441.640
Report of suspected abuse of resident required
441.645
Oral report to area agency on aging, department or law enforcement agency
441.650
Investigation of abuse complaint
441.655
Immunity for reporter of abuse
441.659
Disclosure of protected health information to law enforcement
441.660
Photographing resident
441.665
Record of reports
441.671
Confidentiality of reports
441.674
Specified evidentiary privileges inapplicable
441.675
General evidentiary privileges inapplicable
441.676
Investigation of licensing violations
441.677
Letter of determination
441.678
Review of finding that nursing assistant responsible for abuse
441.679
Preemployment inquiries
441.680
Spiritual healing alone not considered abuse of resident
441.685
Monitors
441.690
Complainant may accompany investigator
441.695
Conduct of investigation
441.697
Prescribed drug supply for unscheduled therapeutic leave from long term care facility
441.700
Access to facilities by persons providing services
441.703
Complaint file
441.705
Definitions for ORS 441.705 to 441.745
441.710
Civil penalties
441.712
Notice of civil penalty
441.715
Criteria for civil penalties
441.720
Remittance or reduction of penalties
441.726
Progressive enforcement process
441.731
Civil penalties
441.736
License conditions
441.740
Judicial review
441.745
Penalties to Quality Care Fund
441.750
Suicide attempts by minors
441.755
Report form
441.815
Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited
441.816
Influenza vaccines for patients 65 years of age or older
441.820
Procedure for termination of physician’s privilege to practice medicine at health care facility
441.825
Authority of hospital to require medical staff to provide professional liability insurance
441.990
Civil and criminal penalties
441.991
Civil penalty for violation of ORS 441.098
441.992
Civil penalty for violation of ORS 441.048 or 441.049
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