Registration of continuing care retirement community providers
(1) A new continuing care retirement community provider shall register with the Department of Human Services before the provider:
(a) Enters into a residency agreement with a nonresident;
(b) Solicits either a prospective resident or nonresident to pay an application fee or execute a residency agreement; or
(c) Collects an entrance fee.
(2) The provider shall apply for registration with the department on forms prescribed by the department. The application shall include a disclosure statement as described in ORS 101.050 (Preparation of disclosure statement by provider). The disclosure statement must include an explanation, in boldfaced type, whether and in what manner and amount entrance fees are refunded to prospective residents in the event a prospective resident withdraws from the residency agreement prior to occupancy.
(3) Within 10 business days after receipt of the completed application for registration of a new continuing care retirement community, the department shall issue a notice of filing to the applicant. Within 60 days of the notice of filing, the department shall enter an order registering the provider or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the provider shall be considered registered unless the provider and the department agree in writing to an extension of time. If no order of rejection is entered within the time period as so extended, the provider shall be considered registered.
(4) If the department determines that the requirements of ORS 101.050 (Preparation of disclosure statement by provider), 101.060 (Provider to maintain financial reserves), 101.070 (Escrow account required for registration of new continuing care retirement community) and 101.090 (Exemption of closed bed facilities from certificate of need review) have been met, it shall enter an order registering the provider. If the department determines that any of the requirements of ORS 101.050 (Preparation of disclosure statement by provider), 101.060 (Provider to maintain financial reserves), 101.070 (Escrow account required for registration of new continuing care retirement community) or 101.090 (Exemption of closed bed facilities from certificate of need review) have not been met, the department shall notify the applicant that the application for registration must be corrected within 30 days in such particulars as are designated by the department. If the requirements are not met within the time allowed, the department may enter an order rejecting the registration. The order shall include the findings of fact upon which the order is based and which shall not become effective until 20 days after the end of the foregoing 30-day period. During the 20-day period, the applicant may petition for reconsideration and shall be entitled to a hearing. An order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been given to the applicant and a decision is rendered by the administrative law judge that sustains the department’s decision to reject the registration. [1989 c.693 §7; 1991 c.67 §19; 2003 c.75 §82; 2005 c.22 §79; 2009 c.201 §2]
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