ORS 409.815¹
Long Term Care Facility Quality Assurance Fund established

(1) The Long Term Care Facility Quality Assurance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Long Term Care Facility Quality Assurance Fund shall be credited to the fund.

(2) Amounts in the Long Term Care Facility Quality Assurance Fund are continuously appropriated to the Department of Human Services for the purposes of paying refunds due under ORS 409.810 (Claim for refund) and funding long term care facilities, as defined in ORS 409.800 (Definitions), that are a part of the Oregon Medicaid reimbursement system.

(3) Funds in the Long Term Care Facility Quality Assurance Fund and the matching federal financial participation under Title XIX of the Social Security Act may be used to fund Medicaid-certified long term care facilities using only the reimbursement methodology described in subsection (4) of this section to achieve a rate of reimbursement greater than the rate in effect on June 30, 2003.

(4)(a) The department shall make additional payments to Medicaid-certified long term care facilities using a reimbursement methodology that includes, but is not limited to, all of the following:

(A) Rebasing on July 1 of each year;

(B) Continuing the use of the pediatric rate;

(C) Continuing the use of the complex medical needs additional payment; and

(D) Discontinuing the use of the relationship percentage, except when calculating the pediatric rate in subparagraph (B) of this paragraph.

(b) In addition to the reimbursement methodology described in paragraph (a) of this subsection, the department may adopt and implement rates applicable to patients with complex medical needs for which the reimbursement methodology described in paragraph (a) of this subsection is insufficient.

(5) For the period beginning July 1, 2018, and ending June 30, 2026, the department shall reimburse costs at a rate not lower than the 62nd percentile of rebased allowable costs for that period. [2003 c.736 §24; 2005 c.757 §11; 2007 c.780 §12; 2013 c.608 §§20, 24; 2016 c.113 §3; 2018 c.66 §4]

Note: 409.815 (Long Term Care Facility Quality Assurance Fund established) is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900 (Civil penalties for failure to report)).

Chapter 409

Atty. Gen. Opinions

Use of division’s client records by an­oth­er depart­mental division, (1974) Vol 37, p 186

1 Legislative Counsel Committee, CHAPTER 409—Department of Human Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors409.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 409, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano409.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information