2015 ORS 441.624¹
Purpose

(1) ORS 124.050 (Definitions for ORS 124.050 to 124.095), 124.080 (Photographing of victim), 410.190 (Representation of entities in contested case proceedings before department), 441.020 (Application) to 441.057 (Rules concerning complaints about care), 441.060 (Inspections), 441.061 (Delegation of health inspections to local public health authorities), 441.067 (Inspection reports, complaint procedures and rules), 441.073 (Rules regarding staff ratio in long term care facilities), 441.087 (General inspection of long term care facility), 441.277 (Definitions for ORS 441.277 to 441.323) to 441.289 (Powers and duties of trustee), 441.303 (Establishment of Facility Fund), 441.316 (Termination of trust), 441.318 (Trustee accounting), 441.331 (Definition of facility for ORS 441.331 to 441.341) to 441.341 (Rules), 441.367 (Facility required to give notice of base rate and policy on nonpayment), 441.600 (Definitions for ORS 441.600 to 441.625), 441.610 (Nursing home patients bill of rights), 441.630 (Definitions for ORS 441.630 to 441.680 and 441.995), 441.650 (Investigation of abuse complaint) to 441.665 (Record of reports), 441.685 (Monitors), 441.690 (Complainant may accompany investigator), 441.703 (Complaint file) and 441.705 (Definitions for ORS 441.705 to 441.745) to 441.720 (Remittance or reduction of penalties) address the consolidation of the regulatory functions of licensing, certification, inspection of care, utilization review, abuse reporting and abuse investigation.

(2) It is legislative intent that:

(a) The Department of Human Services focus administrative effort on the integration and consistent application and interpretation of the regulatory functions at the nursing facility level;

(b) Surveys and other reports, especially with respect to client assessment, be consistently and reliably performed throughout the state;

(c) Positive and negative findings and sanctions be proportional to the strengths and problems identified, within the limits of federal statute and regulations; and

(d) The interpretation of regulatory criteria be independent of influence from budgetary limitations. [1987 c.428 §1a; 2001 c.900 §229; 2009 c.539 §12; 2009 c.792 §39]

Note: 441.624 (Purpose) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Discharge of employee for reporting viola­tion of policy to protect patients is discharge for fulfilling societal obliga­tion and is ac­tionable. McQuary v. Bel Air Convalescent Home, Inc., 69 Or App 107, 684 P2d 21 (1984), Sup Ct review denied

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospitals 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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.