Oregon Code § 443.382·Enacted ·Last updated March 01, 2026
Statute Text
Residential Facilities Ombudsman; duties.
(1) The Long Term Care Ombudsman, in consultation
with the Residential Ombudsman and Public Guardianship Advisory Board
established under ORS 441.416, shall appoint a Residential Facilities Ombudsman
for a four-year term. The Residential Facilities Ombudsman serves at the
pleasure of the Long Term Care Ombudsman and may be removed by the Long Term
Care Ombudsman for cause. The Long Term Care Ombudsman shall fill any vacancy
within 60 days. The salary of the Residential Facilities Ombudsman shall be determined
by the Long Term Care Ombudsman. The Residential Facilities Ombudsman shall be
reimbursed for all reasonable travel and other expenses incurred in the
performance of the ombudsmans official duties.
(2) The
Residential Facilities Ombudsman may, subject to the approval of the Long Term
Care Ombudsman, hire or contract with volunteers, staff, deputy ombudsmen and
other qualified individuals as necessary to perform the duties of the
ombudsman.
(3) The
Residential Facilities Ombudsman shall:
(a) Identify,
investigate and resolve complaints made by or on behalf of residents about
administrative actions.
(b) Provide
residents, families of residents, guardians, community members and
administrators and staff of residential facilities with information regarding
the rights of residents as set forth in ORS 427.107 and 430.210 and any other
applicable rights of residents.
(c) Widely
publicize the Residential Facilities Ombudsmans services, purpose and mode of
operation.
(d) Undertake,
participate in or cooperate with persons and agencies in conferences,
inquiries, meetings or studies that may lead to improvements in the functioning
of residential facilities.
(e) Work closely
with associations and citizen groups in this state and the state protection and
advocacy system under ORS 192.517.
(f) Provide
services to residents to assist them in protecting their health, safety,
welfare and rights.
(g) Ensure that
residents have regular, timely, private and unimpeded access to the Residential
Facilities Ombudsmans services and that a resident or an individual acting on
behalf of a resident who files a complaint receives a timely response to the
complaint from the ombudsman or a designee.
(h) Represent the
interests of residents before government agencies and seek administrative,
legal or other appropriate remedies to protect the health, safety, welfare and
rights of residents.
(i) Analyze,
comment on and monitor the development and implementation of federal, state and
local laws and other governmental policies pertaining to the health, safety,
welfare and rights of residents.
(j) Recommend any
changes to state or local laws to improve the health, safety, welfare and
rights of residents.
(k) Facilitate
public comment on laws and policies that affect the health, safety, welfare and
rights of residents.
(L) Train
designees.
(m) Promote the
development of organizations to advocate on behalf of residents of residential
facilities.
(n) To the extent
practicable, assist residents who move from a residential facility to a home
care setting.
(o) Assist
residents and individuals acting on their behalf in locating and accessing
resources in the community and in connecting with local service providers.
(p) Engage the
participation of residents in general studies, conferences, inquiries or
meetings related to residential care in this state.
(q) Make
recommendations for improvements in the functioning of the residential facility
system in this state.
(r) Collaborate
with the Oregon Health Authority, the Department of Human Services, and any
other appropriate agencies and organizations to establish a statewide system to
collect and analyze information on complaints about and conditions in
residential facilities for the purpose of publicizing improvements and
resolving significant problems for residents.
(s) Provide
information to public agencies about the problems of residents.
(t) Collect and
compile data necessary to prepare the report submitted to the Governor under
ORS 182.500.
(u) Adopt rules
necessary for carrying out ORS 443.380 to 443.394, in accordance with ORS
chapter 183, in consultation with the Long Term Care Ombudsman and the
Residential Ombudsman and Public Guardianship Advisory Board. [2017 c.441 §2]
Note:
See note under 443.380.