Oregon Revised Statutes Chapter 443 § 443.460 — Exemptions

Exemptions. (1) The Director of Human Services may exempt from the license, inspection and fee provisions of ORS 443.400 to 443.455 residential care facilities in those counties where there is a county agency which provides similar programs for licensing and inspection that the director finds are equal to or superior to the requirements of ORS 443.400 to 443.455. (2) Pursuant to an exemption as provided in subsection (1) of this section, the director may provide funds and other resources to the county necessary to enable the county to perform the licensing and inspection functions. [1987 c.548 §4; 2009 c.595 §790] (Temporary provisions relating to facilities that serve residents with complex health conditions) Note: Sections 3 and 7, chapter 617, Oregon Laws 2025, provide: Sec. 3. (1) As used in this section: (a) “Enhanced care services” means intensive behavioral and rehabilitative mental health services provided to eligible seniors, persons with physical disabilities or adults with mental illness who reside in a facility. (b) “Facility” means: (A) An adult foster home, as defined in ORS 443.705, that serves eligible seniors, persons with physical disabilities or adults with mental illness. (B) A residential care facility, as defined in ORS 443.400. (C) A residential treatment facility, as defined in ORS 443.400. (D) A residential treatment home, as defined in ORS 443.400. (c) “Specific needs contract” means a contract between the Department of Human Services or the Oregon Health Authority and a facility to reimburse the facility at a higher rate for a resident whose care needs exceed the level of services that the facility would typically provide. (2) The Department of Human Services and the Oregon Health Authority shall study the regulatory framework for facilities that serve residents who have complex medical or behavioral health conditions. In conducting the study, the department and the authority shall: (a) Assess the resources needed to expand existing enhanced care services and specific needs contracts statewide, including the public and private sector workforce needed to implement: (A) Any proposed expansion of enhanced care services or specific needs contracts; or (B) Other models for supporting facilities that serve residents who have complex medical or behavioral health conditions; (b) Evaluate the impact on residents who have complex medical or behavioral health conditions of having separate licensing requirements for facilities licensed by: (A) The division of the department that provides services for seniors and persons with physical disabilities; and (B) The authority; and (c) Review the use and impact of civil penalties assessed against facilities. (3) The department and the authority shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to health and human services no later than August 15, 2026. [2025 c.617 §3] Sec. 7. Sections 2 to 5 of this 2025 Act are repealed on January 2, 2027. [2025 c.617 §7]