OAR 411-054-0019: Temporary rule language in effect until 02/05/2027. Change of Ownership or Management

(1) The licensee and the prospective licensee must each notify the Department in writing of a contemplated change in ownership or management entity. The written notification must be received at least 60 days prior to the proposed date of change. (a) The prospective licensee or management entity must submit all required documents at least 60 days before the expected date of initial licensure. The following must be submitted to the Department: (A) A completed application form. (B) Background checks and performance history as outlined in OAR 411-054-0016. (C) A copy of policies, procedures, residency agreements, , required disclosure statements, including the Consumer Summary Statement, and identification of the Department-approved Acuity-Based Staffing Tool the facility will implement and use as outlined in OAR 411-054-0037. (D) A licensing fee, as described in ORS 443.415, submitted according to Department policy. (b) The prospective licensee must notify the residents in writing 30 days in advance of a change in ownership or management entity. The notice to residents must include any changes to rates or policies. (c) The prospective licensee or operator may not assume possession or control of the facility until the Department has notified the prospective licensee or operator that the license application has been approved. (d) The licensee is responsible for the operation of the facility and resident services until a new license is issued to the new owner. (2) The licensee must disclose current Department-granted exceptions to prospective licensee. (3) 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. (4) Resident records maintained by the licensee must be turned over to the new owner when the license application is approved, and the new licensee assumes possession or control of the facility. (5) The new owner or licensee shall send a revised copy of the Consumer Summary Statement to the Department prior to a change of ownership or management. The revised copy must include new ownership or management information and any other amendments to the document. All Consumer Summary Statements are posted to the Department’s licensing webpage. (6) If an applicant does not have experience in the operation or management of an assisted living or residential care facility in Oregon, the applicant must follow requirements outlined in OAR 411-054-0016. The applicant must contract with a consultant or management entity at least one month before the scheduled change of ownership. (7) The Department shall conduct an inspection of the facility no less than 90 days and no more than 120 days after a change of ownership.