Oregon Revised Statutes Chapter 443 § 443.735 — Issuance of license; fee; standards; renewal; burden of proof; rules

Issuance of license; fee; standards; renewal; burden of proof; rules. (1) As used in this section, “substantial compliance” means a level of compliance with state law and with rules of the licensing agency such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents. (2)(a) Applications for a license to maintain and operate an adult foster home shall be made on forms provided by the licensing agency and shall include the home’s proposed policies and procedures regarding staff and administrator training, service planning, medication administration, food preparation and distribution, safety, emergency response, succession planning and facility closure. (b) Each application submitted to the Department of Human Services for an adult foster home serving individuals with intellectual or developmental disabilities shall be accompanied by a fee prescribed by the department under ORS 427.021. (c) Each application submitted to the department for an adult foster home serving older adults or individuals with physical disabilities shall be accompanied by a fee prescribed by the department by rule. (d) Each application submitted to the Oregon Health Authority shall be accompanied by a fee of $20 per bed requested for licensing. (3) Upon receipt of an application and fee, the licensing agency shall conduct an investigation, including an in-person site inspection. (4) The licensing agency shall issue an initial license only if: (a) The applicant and adult foster home are in compliance with ORS 443.002 and 443.705 to 443.825 and the rules of the licensing agency; (b) The licensing agency has completed an inspection under this section of the adult foster home; (c) The licensing agency has reviewed and approved the adult foster home’s proposed policies and procedures submitted under subsection (2) of this section; (d) The licensing agency has completed a criminal records check under ORS 181A.195 on the applicant and any person, other than a resident, 16 years of age or older who will be residing in the adult foster home. The criminal records check shall be conducted in accordance with rules adopted under ORS 181A.195; (e) The licensing agency has determined that the registry maintained under ORS 441.678 contains no finding that the applicant or any nursing assistant employed by the applicant has been responsible for abuse; and (f) The applicant has demonstrated to the licensing agency the financial ability and resources necessary to operate the adult foster home. The licensing agency shall adopt rules as the agency deems appropriate that establish the financial standards an applicant must meet to qualify for issuance of a license and that protect financial information from public disclosure. The demonstration of financial ability under this paragraph shall include, but need not be limited to, providing the licensing agency with a list of any unsatisfied judgments, pending litigation and unpaid taxes and notifying the agency regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required by this paragraph, the licensing agency may require the applicant to furnish a financial guarantee as a condition of initial licensure. (5) The licensing agency shall renew a license under this section only if: (a) The applicant and the adult foster home are in substantial compliance with ORS 443.002,