OAR 333-610-0080: Temporary rule language in effect until 12/21/2026. Residential Care Beds in Long-Term Care Facilities

This rule has an operative date of June 24, 2026. When a long-term care facility chooses to obtain a Seniors and People with Disabilities Division license as a “licensed residential care facility” as described in OAR 333-610-0010(11) for all, or for a separate and distinct part of its currently licensed long-term care facility bed capacity, it is not required, under statute, to accept a correspondingly reduced Seniors and People with Disabilities Division “long-term care facility” license as described in OAR 333-610-0010(12). Federal regulations, however, may require this under some circumstances. The following certificate of need rules will apply at such time that appropriate, coordinated licensing rules are adopted by the Seniors and People with Disabilities Division: (1) Future reconversion of such beds from residential care to long-term care (nursing home) beds will be considered an expansion of the then existing Seniors and People with Disabilities Division licensed long-term care facility service, and may be subject to the certificate of need law under applicable thresholds regarding expansions in long-term care bed capacity; and (2) In evaluating a reconversion project, the division shall give strong consideration to the costs, compared to new construction, and to the comparative quality and cost of care currently provided at the facility; and (3) Reconversion projects as described in this rule will be subject to county-specific bed need criteria under OAR 333-610-0020 to 333-610-0030.