OAR 411-050-0760: Resident Moves and Transfers

(1) The licensee must support a resident's choice to remain in his or her living environment, while recognizing that some residents may no longer be appropriate for the adult foster care setting due to safety and medical limitations. (a) If a resident moves, or intends to move, out of an AFH for any reason, the licensee must cooperate with the potential licensee's or administrator's screening and assessment activities as directed by the resident or the resident's representative and submit copies of pertinent information from the resident's record to the resident's new place of residence at the time of move. Pertinent information must include, at a minimum: (A) Copies of current prescribing medical practitioner's orders for medications, current medication sheets, an updated care plan, including the elements of any person-centered service plan, and any documentation of limitations. (B) Documentation of actions taken by the AFH staff, resident, or the resident's representative pertaining to the move or transfer. (b) A licensee must immediately document voluntary and involuntary moves or transfers from the AFH in the resident's record as events take place. (2) VOLUNTARY MOVES AND TRANSFERS. If a resident eligible for Medicaid services or the resident's representative gives notice of the resident's intent to leave the AFH, or the resident leaves the home abruptly, the licensee must promptly notify the resident's case manager and the LLA. (a) A licensee must obtain prior authorization from the resident, the resident's representative, and case manager, as applicable, before the resident's: (A) Voluntary move from one bedroom to another in the AFH; (B) Voluntary transfer from one AFH to another home that has a license issued to the same person; or (C) Voluntary move to any other location. (b) Notifications and authorizations of voluntary moves and transfers must be documented and available in the resident's record. (c) The licensee remains responsible for the provision of care and services until the resident has moved from the home. (3) INVOLUNTARY MOVES AND TRANSFERS. A resident may only be moved involuntarily to another room within the AFH, transferred to another AFH operated by the same licensee for a temporary or permanent stay, or moved from the AFH for the following reasons: (a) Medical reasons. The resident has a medical or nursing condition that is complex, unstable, or unpredictable that exceeds the level of care and services the facility provides. (b) The AFH is unable to accomplish evacuation of the AFH in accordance with OAR 411-050-0725. (c) Welfare of the resident or other residents, including if the resident: (A) Exhibits behavior that poses an imminent danger to self or others, including acts that result in the resident's arrest or detention; (B) Engages in behavior or action that repeatedly and substantially interfere with the rights, health, or safety of the residents or others; or (C) Engages in illegal drug use or commits a criminal act that causes potential harm to the resident or others. (d) Failure to make payment for care or failure to make payment for room and board. (e) The AFH license was revoked, not renewed, the license was voluntarily surrendered, or the home was voluntarily closed. (f) The home was not notified before the resident's admission, or learns following the resident's admission, that the resident is on probation, parole, or post-prison supervision after being convicted of a sex crime defined in ORS 163A.005. (g) The licensee's Medicaid Provider Enrollment Agreement is terminated. (h) The specialized contract for a Medicaid eligible resident is terminated. (i) The resident engages in the use of legal medical marijuana, recreational marijuana, or both, in violation of the home's written policies or contrary to Oregon Law under ORS chapter 475B, Cannabis Regulation. (j) Related to non-payment if the resident repeatedly refuses a roommate without good cause after the resident or resident's representative has signed a residency agreement stating a willingness to share a bedroom. For purposes of this rule, "good cause" means there is a reasonable belief that the individual's physical, emotional, or mental well-being will suffer or be harmed. (4) MANDATORY WRITTEN NOTICE FOR INVOLUNTARY MOVES. A resident may not be moved involuntarily from the AFH, to another room within the AFH, or transferred to another AFH for a temporary or permanent stay without a minimum of 30 calendar days' written notice. The notice must be delivered in person to the resident and must be delivered in person or sent by registered or certified mail to the resident's representative, guardian, or conservator, and a copy must be immediately submitted to the LLA, and to the resident's case manager, as applicable. Where a resident lacks capacity and there is no representative, a copy of the notice must be immediately submitted to the State Long Term Care Ombudsman. The written notice must: (a) Be on the Department's Notice of Involuntary Move or Transfer of Resident form (SDS 901). (b) Be completed in full by the licensee. (5) LESS THAN 30 DAYS' WRITTEN NOTICE. A licensee or administrator may give less than 30 calendar days' written notice in specific circumstances as identified in paragraphs (a) to (c) below, but must do so as soon as possible using the Department's Notice of Involuntary Move or Transfer of Resident form (SDS 901). The notice must be given in person to the resident, the resident's representative, guardian, conservator, and a copy must be immediately submitted to the LLA, and to the resident's case manager, as applicable. The reasons for the notice must be fully documented in the resident's record. The licensee remains responsible for the provision of care and services until the resident has moved from the home. A licensee may give less than 30 calendar days' notice only if: (a) Undue delay in moving the resident would jeopardize the health, safety, or well-being of the resident, including: (A) The resident has a medical emergency that requires the immediate care of a level or type the AFH is unable to provide. (B) The resident exhibits behavior that poses an immediate danger to self or others. (b) The resident is hospitalized or is temporarily out of the home and the licensee determines he or she is no longer able to meet the needs of the resident; or (c) The home was not notified before the resident's admission, or learns following the resident's admission, the resident is on probation, parole, or post-prison supervision after being convicted of a sex crime defined in ORS 163A.005. (A) In the event a resident is given notice of an involuntary move due to this subsection of this rule, the notice may be given without reasonable advance notice. (B) The resident shall be given the Department's Notice of Involuntary Move or Transfer of Resident form (SDS 901) as stated in (3) of this rule. (6) RESIDENT HEARING RIGHTS. Except for (3)(e) of this rule, a resident, who has been given formal notice of an involuntary move or refused the right of return or re-admission, is entitled to an informal conference and hearing before the involuntary move or transfer. (a) INFORMAL CONFERENCE. The LLA must hold an informal conference as promptly as possible after the request is received. The LLA must send written notice of the time and place of the conference to the licensee and all persons entitled to the notice. Participants may include the resident and at the resident's request, a family member, case manager, Ombudsman, legal representative of the resident, the licensee, and a representative from an AFH association or SEIU if requested by the licensee. The purpose of the informal conference is to resolve the matter without an administrative hearing. If a resolution is reached at the informal conference, the LLA must document the outcome in writing and no administrative hearing is needed. (b) ADMINISTRATIVE HEARING. If a resolution is not reached as a result of the informal conference, the resident or the resident's representative may request an administrative hearing. If the resident is being moved or transferred with less than 30 calendar days' notice according to (5)(c) of this rule, the hearing must be held within seven business days of the move or transfer. The licensee must hold a space available for the resident pending receipt of an administrative order. These rules and ORS 441.605(4) governing transfer notices and hearings for residents of long-term care facilities apply to AFHs. (7) CLOSURE OF ADULT FOSTER HOMES. A licensee must notify the LLA before the voluntary closure, proposed sale, or transfer of ownership of the home, and give the residents and the residents' families, representatives, and case managers, as appropriate, a minimum of 30 calendar days' written notice on the Department's form (SDS 901) according to (3) of this rule. (a) In circumstances where undue delay might jeopardize the health, safety, or well-being of residents, licensees, or staff, written notice must be given as soon as possible, according to (5)(c) of this rule. (b) A licensee must surrender the physical license to operate an AFH to the LLA at the time of the AFH's closure.