Objective criteria for civil penalties
- • rules
(1)(a) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (Civil penalties) (1) and the Director of the Oregon Health Authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (Civil penalties) (2). However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this subsection and ORS 441.995 (Factors considered in determining penalties under ORS 441.630 to 441.680) or as otherwise required by federal law.
(b) Notwithstanding the limitations on the civil penalty in paragraph (a) of this subsection, for any violation involving direct resident care or feeding, an adequate staff to resident ratio, sanitation involving direct resident care or a violation of ORS 441.605 (Legislative declaration of rights intended for residents) or rules required to be adopted under ORS 441.610 (Nursing home patients bill of rights), a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day or as otherwise required by federal law.
(c) If the Department of Human Services investigates and makes a finding of abuse arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a long term care facility and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the department shall impose a civil penalty of not less than $2,500 for each occurrence of substantiated abuse, not to exceed $15,000 in any 90-day period. As used in this paragraph:
(A) Negative outcome includes serious injury, rape, sexual abuse or death.
(C) Serious injury means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
(D) Sexual abuse means any form of sexual contact between an employee of a long term care facility or a person providing services in the long term care facility and a resident of that facility, including but not limited to sodomy, sexual coercion, sexually explicit photographing and sexual harassment.
(2) The penalties assessed under subsection (1)(a) or (b) of this section may not exceed $7,500 in the aggregate or as otherwise required by federal law with respect to a single long term care facility within any 90-day period. [1975 c.328 §2; 1977 c.261 §9; 1979 c.261 §9; 1987 c.428 §38; 1993 c.759 §17; 2009 c.595 §741; 2009 c.828 §85; 2014 c.104 §10]
Note: See note under 441.705 (Definitions for ORS 441.705 to 441.745).
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