Oregon Revised Statutes Chapter 441 § 441.731 — Civil

Civil penalties. (1) The Director of Human Services may impose a civil penalty under ORS 441.710 on a residential care facility or a long term care facility pursuant to this section. (2)(a) When imposing a civil penalty on a residential care facility or a long term care facility pursuant to this section, the director shall consider: (A) Any prior violations of laws or rules pertaining to the facility and, as a mitigating factor, whether violations were incurred under prior ownership or management of the facility. (B) The financial benefits, if any, realized by the facility as a result of the violation. (C) The facility’s past history of correcting violations and preventing the recurrence of violations. (D) The severity and scope of the violation as described in paragraphs (b) and (c) of this subsection. (b) The director shall assess the severity of a violation using the following criteria: (A) Level 1 is a violation that results in no actual harm or in potential for only minor harm. (B) Level 2 is a violation that results in minor harm or potential for moderate harm. (C) Level 3 is a violation that results in moderate harm or potential for serious harm. (D) Level 4 is a violation that results in serious harm or death. (c) The director shall assess the scope of a violation using the following criteria: (A) An isolated violation occurs when one or a very limited number of residents or employees are affected or a very limited area or number of locations within a facility are affected. (B) A pattern violation occurs when more than a very limited number of residents or employees are affected, or the situation has occurred in more than a limited number of locations but the locations are not dispersed throughout the facility. (C) A widespread violation occurs when the problems causing the deficiency are pervasive and affect many locations throughout the facility or represent a systemic failure that affected, or has the potential to affect, a large portion or all of the residents or employees. (d) As used in this subsection: (A)(i) “Financial loss” means loss of resident property or money as a result of financial exploitation as that term is defined in ORS 124.050. (ii) “Financial loss” does not include loss of resident property or money that results from action or inaction of an individual not employed or contracted with the facility, or that arises from the action or inaction of an individual employed or contracted with the facility if the action or inaction occurs while the individual is not performing employment or contractual duties. (B) “Harm” means a measurable negative impact to a resident’s physical, mental, financial or emotional well-being. (C) “Minor harm” means harm resulting in no more than temporary physical, mental or emotional discomfort or pain without loss of function, or in financial loss of less than $1,000. (D) “Moderate harm” means harm resulting in temporary loss of physical, mental or emotional function, or in financial loss of $1,000 or more, but less than $5,000. (E) “Serious harm” means harm resulting in long-term or permanent loss of physical, mental or emotional function, or in financial loss of $5,000 or more. (3)(a) The director may impose civil penalties as follows: (A) For a level 1 violation, the director may not impose a civil penalty. (B) For a level 2 violation, the director may impose a penalty in an amount no less than $250 per violation, not to exceed $500 per violation. (C) For a level 3 violation, the director may impose a civil penalty in an amount no less than $500 per violation, not to exceed $1,500 per violation. (D) For a level 4 violation, the director may impose a civil penalty in an amount no less than $1,500 per violation, not to exceed $2,500 per violation. (E) For a failure to report abuse of a resident to the Department of Human Services as required by state law, the director may impose a civil penalty in an amount no more than $1,000 per violation. (b) The penalties imposed under paragraph (a)(A) to (D) of this subsection may not exceed $20,000 in the aggregate for violations occurring in a single residential care facility or long term care facility within any 90-day period. (c) In imposing civil penalties under this subsection, the director may take into account the scope of the violation. (4)(a) If the department investigates and makes a finding of abuse in a residential care facility or long term care facility 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 residential care facility or long term care facility and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the director shall impose a civil penalty on the facility of not less than $2,500 and not more than $15,000 for each occurrence of substantiated abuse, not to exceed $40,000 f