2017 ORS 441.406¹
Duties of ombudsman
  • rules

This section is amended
Effective April 3, 2018
Relating to residential care facilities; creating new provisions; amending ORS 401.651, 431A.850, 433.045, 441.057, 441.406, 676.108, 676.150, 676.350, 676.400, 676.565, 676.595, 676.850, 676.992, 678.710, 678.720, 678.740, 678.770, 678.800, 678.810, 678.820 and 743B.454; and declaring an emergency.

(1) The Long Term Care Ombudsman shall carry out the following duties:

(a) Investigate and resolve complaints made by or for residents of long term care facilities about administrative actions that may adversely affect their health, safety, welfare or rights, including subpoenaing any person to appear, to give sworn testimony or to produce documentary or other evidence that is reasonably material to any matter under investigation.

(b) Undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as may lead to improvements in the functioning of long term care facilities.

(c) Monitor the development and implementation of federal, state and local laws, regulations and policies that relate to long term care facilities in this state.

(d) Provide information to public agencies about the problems of residents of long term care facilities.

(e) Work closely with cooperative associations and citizen groups in this state and the state protection and advocacy system under ORS 192.517 (Access to records of individual with disability or individual with mental illness).

(f) Widely publicize the Long Term Care Ombudsman’s services, purpose and mode of operation.

(g) Collaborate with the Oregon Health Authority, the Department of Human Services, the Nursing Home Administrators Board and any other appropriate agencies and organizations to establish a statewide system to collect and analyze information on complaints and conditions in long term care facilities for the purpose of publicizing improvements and resolving significant problems.

(h) Contract with the state protection and advocacy system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1) to provide services and assistance to persons who are prospective or current residents of a mental health treatment facility or of a residential facility for individuals with developmental disabilities when the system has received a notice regarding the person pursuant to ORS 125.060 (Who must be given notice) (7)(c) or (8)(c).

(i) Appoint designees to serve as local representatives of the office of the Long Term Care Ombudsman in various districts of the state and regularly monitor their functions.

(j) Specify qualifications and duties of designees.

(k) Adopt rules necessary for carrying out ORS 441.402 (Definitions for ORS 441.402 to 441.419) to 441.414 (Effect of ORS 441.402 to 441.419 on right to visitors), after consultation with the Residential Ombudsman and Public Guardianship Advisory Board.

(L) Provide periodically, or at least annually, a report to the Governor, authority, department and Legislative Assembly.

(m) Prepare necessary reports with the assistance of the authority and the department.

(n) Advise and support the Oregon Public Guardian and Conservator appointed under ORS 125.678 (Appointment).

(o) Supervise, monitor, advise and support the Residential Facilities Ombudsman appointed under ORS 443.382 (Residential Facilities Ombudsman).

(2) At least quarterly, the Department of Human Services shall provide the Long Term Care Ombudsman with a list of the number of licensed or certified beds in each long term care facility for which the ombudsman has responsibilities under this section. [Formerly 441.109; 2017 c.441 §§12,12a]

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
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.