Fees from facilities in addition to license fee
- • use of fees
(1) To establish and maintain a fund to meet expenses of a trustee if moneys collected under ORS 441.289 (Powers and duties of trustee) and 441.293 (Liability to trustee for goods and services after notice) are insufficient, the Department of Human Services shall require a payment equal to the equivalent of the annual license fee for the facility. The payment shall be due annually on a date fixed by the department and enforced in the same manner as the license fee for the particular facility is payable and enforceable. The amount of payments shall be set so as to acquire in the account the $300,000 described in subsection (3) of this section at the end of six years from the initial payment year.
(2) Funds collected under this section and, notwithstanding ORS 293.140 (Disposition of interest on state funds), all interest earned on cash balances thereof invested by the State Treasurer shall be maintained as a fund in the State Treasury, separate and distinct from the General Fund, and are continuously appropriated to the department to pay the expenses of the trust.
(3) Whenever the fund established under this section reaches $300,000, the department shall discontinue collecting the payment described in subsection (1) of this section. However, whenever the fund falls below $300,000, the department shall reinstitute the payment described in subsection (1) of this section until the fund is restored to $300,000. If the amount collected would raise more than required, the department shall prorate the payment of each facility so as to raise no more than required. The department may use reasonable amounts from the fund necessary to administer the fund.
(4) Whenever the department is required to use any amount in the fund to operate a facility under ORS 441.289 (Powers and duties of trustee) and 441.293 (Liability to trustee for goods and services after notice), the amount used shall constitute a loan to the facility and shall be repayable to the fund under such terms and conditions as the facility and the department agree. The rate of interest shall be set by the department to reflect the prevailing market rate on similar loans. The interest shall be credited to the separate fund described in subsection (2) of this section.
(5) The assessment imposed under this section shall be considered an allowable cost in setting the reimbursement rates of a facility by the department.
(6) The court may order that the trustee file an undertaking with the clerk of the court. The fund collected under this section may serve as surety for the undertaking. [1981 c.868 §7a; 1983 c.787 §1; 1987 c.428 §21; 1989 c.966 §49; 2003 c.14 §255]
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