OAR 411-054-0017: Temporary rule language in effect until 02/05/2027. Consultants

(1) As required by OAR 411-054-0016(4), the applicant must retain a consultant or management entity that meets the following minimum qualifications: (a) Holds, or employs a person who holds, an active residential care facility administrator license issued under ORS 678.710 to 678.820 that is in good standing. (b) Within the last five years, has at least three years of demonstrated experience operating or managing an assisted living facility or a residential care facility in Oregon in a satisfactory manner. (c) Within the last five years, has at least three years of demonstrated experience operating or managing an assisted living or residential care facility with a memory care endorsement under ORS 443.886 in Oregon in a satisfactory manner. This is required if the consultant or management entity is consulting with an applicant applying for a license to operate an assisted living or residential care facility with a memory care endorsement under ORS 443.886. (d) Is not listed as an excluded provider on the comprehensive listing maintained by the United States Department of Health and Human Services’ Office of Inspector General of providers that are excluded from participation in federal health care programs. (2) The consultant or management entity must submit an application to the Department. The consultant and management entity will be required to demonstrate the minimum qualifications listed in paragraph (1) above and provide any other required materials as outlined in the application process. The Department will review these materials, and review any prior investigations, sanctions and enforcement actions initiated by the Department. (3) The consultant or management entity must comply with the Department’s rules and perform the following tasks required by OAR 411-054-0016(4) including but not limited to: (a) Review of the facility’s policies, procedures and quality improvement program. (b) Conduct audits at least monthly as well as conduct periodic on-site compliance audits, which must include a review of facility systems.(c) Submit monthly reports to the Department and the licensee after the facility begins operation. Each of the reports must include documentation evaluating the facility systems, policies and procedures. Each report must include the facility’s actions taken to correct any deficient practices. (4) The Department retains the right to rescind approval of a consultant or management entity as outlined in the application process.