101.060. ����� (2) Findings of fact in support of revocation, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findi

101.060.

����� (2) Findings of fact in support of revocation, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

����� (3) If the department finds, after notice and hearing, that the provider has been guilty of a violation for which revocation could be ordered, it may first issue a cease and desist order. If the cease and desist order is or cannot be effective in remedying the violation, the department may, after notice and hearing, order that the registration be revoked.

����� (4) If the department revokes a provider�s registration, the provider shall supply the department with a list of the names and addresses of all residents who have entered into residency agreements with the provider. [1989 c.693 �15; 2009 c.201 �9]

����� 101.112 Required meetings with residents; notice of change in fees or services. (1) The governing body or a designated representative of the provider shall hold meetings with the residents� council or meetings that are open to all of the residents in a continuing care retirement community at least twice a year for the purpose of free discussion of subjects that may include, but are not limited to, facility income, expenditures, financial trends, resident concerns and proposed changes in policy, programs and services. The meetings shall be open to a designated personal representative of a resident. In addition, the provider shall present for discussion any issue the residents� council or any resident of the CCRC identifies orally or in writing 14 days or more prior to the date of the meeting.

����� (2) The provider shall give residents at least 45 days� notice of proposed changes in fees, regular periodic charges or services. At least 30 days before an increase in regular periodic charges takes effect, the provider shall hold a meeting with the residents� council or a meeting that is open to all of the residents of a CCRC to present the reasons for the proposed increase and any data supporting the need for the increase. A meeting described in subsection (1) of this section may be used for this purpose. At least 14 days prior to the meeting, the provider shall post in a conspicuous location and make available to each resident an agenda for the meeting. At the meeting, the provider shall make available an accounting of:

����� (a) Actual and projected income and expenses for the CCRC�s current fiscal year;

����� (b) Projected income and expenses for the following fiscal year; and

����� (c) The current charges for each living unit in the CCRC and the proposed increase to each charge.

����� (3) A provider shall review the CCRC budget with the residents� council or a committee appointed by the council during the budget planning process.

����� (4) A provider shall make available to the residents� council or a committee appointed by the council, at least twice each year, a financial statement for the CCRC that compares actual costs to budgeted costs, broken down by expense category.

����� (5) A provider shall maintain and make available to any resident, upon request, minutes of the meetings of the provider�s governing body. The provider may remove from the minutes information regarding any matters discussed in executive session or that relate to litigation, personnel, competitive advantage or an individual resident�s personal affairs, but may not remove information regarding the annual budget, increases in regular periodic charges, provider indebtedness or expansion in new or existing facilities. A provider shall retain the minutes for no less than three years from the date the minutes were created.

����� (6) The governing body of a provider shall allow at least one resident from each CCRC operated in this state by the provider to participate as a nonvoting resident representative on the governing body or along with the owners or managers. The resident representative may be excluded from any executive session and from discussion of confidential matters or matters related to litigation, personnel, competitive advantage or an individual resident�s personal affairs. The resident representative may not be excluded from discussion of matters relating to the annual budget, increases in regular periodic charges, provider indebtedness or expansion in new or existing facilities.

����� (7) The resident representative described in subsection (6) of this section and the representative�s alternate must be elected by a majority vote of the residents� council of each CCRC or by a majority vote of all residents of a CCRC. The representative is responsible for submitting the representative�s name, address, electronic mail address and telephone number to the provider. The provider may establish the term for representatives and the procedures for election and replacement of a representative and an alternate.

����� (8) A provider shall send to each resident representative and alternate, at the same time and in the same manner as other members of the governing body, owners or managers of the provider, the notice of meeting and any written materials relevant to the discussions in which the resident representative may participate under subsection (6) of this section.

����� (9) The provider shall pay all reasonable travel expenses for a resident representative or alternate to attend meetings of the governing body and meetings of governing body committees.

����� (10) Nothing in this chapter prohibits a provider from allowing greater resident participation than the minimum requirements set forth in this chapter including, but not limited to, the requirement:

����� (a) Under subsection (1) of this section to hold meetings with the residents� council or meetings that are open to all of the residents twice each year.

����� (b) Under subsection (6) of this section to allow one elected resident representative for each CCRC to participate in the provider�s governing body or along with owners or managers. [Formerly 101.055]

����� 101.115 Resident rights. (1) A provider must assist a resident, upon request, in the exercise of the resident�s rights as a citizen of the United States and as a resident of this state. A resident has the right to exercise all rights that do not infringe upon the rights or safety of other residents.

����� (2) A resident has the right to review a provider�s disclosure statements.

����� (3) A provider may not discriminate or impose any requirement or restriction based on sex, marital status, race, color, sexual orientation, gender identity or national origin of a resident, a prospective resident or a resident�s visitor.

����� (4) A provider shall make reasonable accommodations to ensure that services are accessible to residents who have disabilities.

����� (5) A provider shall treat each resident with respect and dignity at all times, and ensure privacy for each resident during rehabilitation or treatment and when receiving personal care services.

����� (6) A resident has the right to associate and communicate privately with persons of the resident�s choice and to send and receive mail that is not opened by the provider.

����� (7) A resident has the right to be free from abuse as defined in ORS 124.005.

����� (8) The residents� council has the right to meet with the provider no less than twice each year and must be allowed free discussion at the meetings of subjects that may include, but need not be limited to, facility income, expenditures, financial trends, resident concerns, proposed changes in policy, programs and services, and any other issue identified by the council or a resident under ORS 101.112 (1).

����� (9) A resident has the right to participate in social, religious and community activities at the discretion of the resident.

����� (10) A resident has the right to be fully informed, prior to or at the time of admission and during the resident�s period of residency, of services available in the continuing care retirement community, whether the provider participates in the Medicare or Medicaid programs and the consequences of the participation or lack of participation by the provider in the Medicare or Medicaid programs.

����� (11) A resident has the right to refuse medication, treatment, care or participation in clinical trials or other research.

����� (12) A resident has the right to obtain treatment, care and services, including but not limited to home health and hospice care, from persons providing health care who have not entered into a contract with or are not affiliated with the provider, subject to policies of the CCRC regarding the provision of services by persons that are not under contract.

����� (13) A resident has the right to submit grievances and to suggest changes in policies and services either orally or in writing to staff or other individuals without fear of restraint, interference, coercion, discrimination or reprisal by the provider. A provider must adopt written policies and procedures for the timely resolution of a resident�s grievance.

����� (14) A resident has the right to be free from harassment by other residents and to peaceful enjoyment of the CCRC without interference from other residents.

����� (15) A provider shall keep clinical and personal records of residents confidential. A resident or an authorized representative of the resident has the right to a prompt inspection of the records pertaining to the resident�s care. The provider shall provide photocopies or electronic copies of a resident�s records to the resident or the authorized representative at a reasonable charge.

����� (16) A resident has the right to receive notice of proposed changes in fees or services in accordance with ORS 101.112. The provider must allow residents a reasonable opportunity to comment on the proposed changes before the changes become effective.

����� (17) A provider shall have a procedure in place for a resident to request that a staff person of a particular sex be assigned to assist the resident with activities of daily living. The provider shall accommodate the request unless the provider is unable to do so. If the provider is unable to accommodate the request, the provider shall notify the resident, in writing, of the reasons why the provider is unable to accommodate the request and shall maintain documentation showing why the provider cannot accommodate the request. [2009 c.201 �12; 2015 c.839 �1; 2021 c.367 �6]

����� 101.120 Power of department to prevent violations; cease and desist order; injunction. (1) If the Department of Human Services determines, after notice and hearing, that any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter, the department may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action as in the judgment of the department carries out the purposes of this chapter.

����� (2) If the department makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing a cease and desist order, it may issue a temporary cease and desist order that shall include in its terms a provision that, upon request, a hearing shall be held within 10 days of such a request to determine whether or not the permanent cease and desist order shall be entered on the person. The temporary cease and desist order shall be served on the person by certified mail.

����� (3) If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of any provision of this chapter or of a rule or order under this chapter, the department, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices or to enforce compliance with this chapter or any rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The department shall not be required to post a bond in any court proceeding. [1989 c.693 �16]

����� 101.130 [1989 c.693 �9; 2009 c.201 �10; renumbered 101.052 in 2009]

����� 101.140 Advisory council; membership; compensation; duties. (1) The Continuing Care Retirement Community Advisory Council is created and shall consist of nine members appointed by the Director of Human Services or a designee and shall represent the geographic location of providers in this state. A member must be a resident of this state. Three members must represent providers that are registered pursuant to ORS 101.030 and must have been actively engaged in the offering of residency agreements in this state for five years before appointment. The remaining members shall include:

����� (a) A representative of the business community with expertise in the area of management;

����� (b) A certified public accountant;

����� (c) An attorney; and

����� (d) Three Oregon residents of continuing care retirement communities or other consumer representatives.

����� (2) The term of office for a member shall be three years or until a successor has been appointed and qualified.

����� (3) The members of the advisory council shall serve without pay. They shall be reimbursed by the Department of Human Services for their actual and necessary traveling expenses incurred while on official business.

����� (4) The council shall:

����� (a) Elect a chairperson from among their number and elect or appoint a secretary, both of whom shall hold office for one year and thereafter until a successor is qualified and elected;

����� (b) Hold an annual meeting and hold other meetings at times and places the department or the chairperson of the council may direct;

����� (c) Keep a record of its proceedings. The record is prima facie evidence of all matters reported and shall be open to inspection at all times;

����� (d) Act in an advisory capacity to the department; and

����� (e) Make recommendations to the department on all proposed rules pertaining to this chapter. [1989 c.693 �5; 1993 c.18 �21; 1997 c.633 �7; 2001 c.900 �13]

����� 101.150 Duties of Department of Human Services; complaint procedure; rules. (1) The Department of Human Services shall implement the provisions of this chapter.

����� (2) The department shall adopt such rules as are reasonably necessary for the enforcement of this chapter. The department shall submit any proposed rules to the advisory council prior to proceeding with the notice procedures provided for in ORS 183.335. The department shall consider the comments of the advisory council which pertain to a proposed rule before the department adopts the rule.

����� (3) The department shall adopt a procedure for a resident to file a complaint with the department concerning a continuing care retirement community�s failure to comply with a requirement of this chapter. The department shall:

����� (a) Provide a response to the complainant no later than 14 days after the date the complaint is filed;

����� (b) Complete an investigation of the complaint no later than 90 days after the date the complaint is filed; and

����� (c) Provide a written report of the results of the investigation to the provider and to the complainant. [1989 c.693 ��4,17; 2015 c.839 �2]

����� 101.160 Short title. This chapter may be cited as the Continuing Care Retirement Community Provider Registration Act. [1989 c.693 �1]

CHAPTERS 102 TO 104 [Reserved for expansion]

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