OAR 411-054-0013: Temporary rule language in effect until 02/05/2027. Application for Initial Licensure and License Renewal

(1) APPLICATION. Applicants for initial licensure and license renewal must complete the Department’s application form. A licensing fee, as described in ORS 443.415, must be submitted to the Department. (a) The application form must be signed by the applicant's legally authorized representative, dated, and contain all information requested by the Department. (b) A licensing fee must be submitted to the Department. The initial licensing fee for a new building or recently purchased building is paid according to number of beds, as required by ORS 443.415: (A) For 1 to 15 beds: application fee shall be $2,000 and the biennial renewal fee shall be $1,000. (B) For 16 to 49 beds: application fee shall be $3,000 and the biennial renewal fee shall be $1,500. (C) For 50 to 99 beds: application fee shall be $4,000 and the biennial renewal fee shall be $2,000. (D) For 100 to 150 beds: application fee shall be $5,000 and the biennial renewal fee shall be $2,500. (E) For 151 or more beds: application fee shall be $6,000 and the biennial renewal fee shall be $3,000. (c) Applicants must provide all information and documentation as required by the Department including but not limited to identification of financial interest of any individual, including stockholders who have an incident of ownership in the applicant representing an interest of 10 percent or more. For purposes of rule, an individual with a 10 percent or more incident of ownership is presumed to have an effect on the operation of the facility with respect to factors affecting the care or training provided, unless the individual establishes the individual has no involvement in the operation of the facility. For those who serve the Medicaid population, the applicant must identify any individual with 5 percent or more incident of ownership, regardless of the individual's effect on the operation of the facility. (d) If the owner of the facility is a different entity from the operator or management company of the facility, both the operator and the owner must complete an application for licensure. Only one license fee is required. (e) The application shall require the identification of any individual with a 10 percent or more incident of ownership that has ever been convicted of a crime associated with the operation of a long-term, community-based, or health care facility or agency under federal law or the laws of any state. For those who serve the Medicaid population, any individual with a 5 percent or more incident of ownership must be identified, regardless of the individual's effect on the operation of the facility. (f) The application shall require the identification of all states where the applicant, or individual having a 10 percent or more incident of ownership in the applicant, currently or previously has been licensed as owner or operator of a long-term, community-based, or health care facility or agency under the laws of any state including any facility, currently or previously owned or operated, that had its license denied or revoked or received notice of the same under the laws of any state. For those who serve the Medicaid population, all states where the applicant or any individual having a 5 percent or more incident of ownership must be identified, regardless of the individual's effect on the operation of the facility. (g) The Department may deny, revoke, or refuse to renew the license if the applicant fails to provide complete and accurate information on the application and the Department concludes that the missing or corrected information is needed to determine if a license shall be granted. (h) Each application for a new license must include a completed background check request form for the applicant and for each individual with 10 percent or more incident of ownership in the applicant. For those who serve the Medicaid population, a background check request form is required for the applicant and for each individual with a 5 percent or more incident of ownership, regardless of the individual's effect on the operation of the facility. (i) The Department may require financial information as stated in OAR 411-054-0016 (New Applicant Qualifications), when considering an applicant's request for renewal of a license. (j) Applicants must identify the Department-approved acuity-based staffing tool the facility will implement and use as outlined in OAR 411-054-0037. (k) Applicants must provide other information and documentation as the Department may reasonably require for the proper administration of these rules, including but not limited to information about incident of ownership and involvement in the operation of the facility or other business enterprises, as relevant. (l) For facilities that serve the Medicaid population and are managed by a Board of Directors, the Centers for Medicare and Medicaid Services (CMS) require a social security number and date of birth for each board member. (m) Applicants must provide the facility’s required documentation as outlined in OAR 411-054-0012(9) and OAR 411-054-0025(8) for Department review and approval. (2) The Department shall conduct an inspection of the facility no less than 90 days and no more than 120 days after an initial license is issued. (3) LICENSE RENEWAL. Application for a license renewal must be made at least 45 days prior to the expiration date of the existing license. (a) The Department will renew a license when: (A) The facility is in substantial compliance with all applicable laws and regulations, (B) The facility is in substantial compliance with kitchen inspections as required in paragraph (5) of this rule, and (C) The State Fire Marshal or authorized representative has given notice of compliance. (b) The Department may not deny, delay, or refuse to renew a license: (A) For a facility’s first failure to pass a kitchen inspection; or (B) If the Department fails to conduct a kitchen inspection in a timely manner. (c) An applicant for license renewal must provide the Department with a completed background check request form for the applicant and for each individual with incident of ownership of 10 percent or more in the applicant when required by the Department. For those who serve the Medicaid population, a background check request form is required for the applicant and each individual with a 5 percent or more incident of ownership, regardless of the individual's effect on the operation of the facility. (d) A building inspection may be requested at the Department's discretion. The Department may require physical improvements if the health or safety of residents is negatively impacted. (e) Upon receipt of a licensing renewal application and fee, the Department shall conduct an inspection. (f) Filing an application for renewal and submitting the required non-refundable licensing fee before the date of expiration extends the expiration date of the license until the Department acts upon such application. Failure to submit an application for renewal and licensing fee will result in the license not being renewed. (g) The license will be renewed once an application and all corresponding documents have been submitted, the renewal fee has been paid, the required inspections have been completed, and the licensee is operating in substantial compliance. (4) DEMONSTRATED CAPABILITY. (a) Prior to issuance of a license or a license renewal, the applicant must demonstrate to the satisfaction of the Department that the applicant can provide services in a manner consistent with the requirements of these rules. (b) The Department may consider the background and qualifications of any individual with a 10 percent or more incident of ownership in the applicant when determining whether an applicant may be licensed. For those who serve the Medicaid population, the background and qualifications of any individual with a 5 percent or more incident of ownership, regardless of the individual's effect on the operation of the facility, may be considered. (c) The Department may consider the applicant's history of compliance with Department rules and orders including the history of compliance of any individual with a 10 percent or more incident of ownership in the applicant. For those who serve the Medicaid population, the history of compliance of the applicant and any individual with a 5 percent or more incident of ownership, regardless of the individual's effect on the operation of the facility, may be considered. (5) KITCHEN INSPECTION. The Department shall annually conduct an in-person inspection of each facility’s kitchen and other places where food is prepared. (a) During a year in which the facility is surveyed, the kitchen inspection shall be completed as part of the standard survey. (b) During a year in which a facility is not surveyed, the kitchen inspection shall require a separate visit and inspection by the Department. The fee for this separate kitchen inspection is $200.