OAR 411-054-0085: Refunds and Financial Management

(1) RESIDENT DEATH. If a resident dies, the licensee may not require payment for more than 15 days, or the time specified in the admission agreement, whichever is less, after the date of the resident’s death. (2) RESIDENT UNABLE TO RETURN. If a resident must leave the facility for medical reasons and the resident or the resident's representative indicates the intent not to return, the facility may not charge the resident for more than 15 days after the date notification is received from the resident or the resident's representative, or the time specified in the admission agreement, whichever is less. (a) If the resident’s personal belongings are not removed from the facility within the 15-day timeframe, the facility may charge the resident as specified in the admission agreement. However, the facility may not charge for more than 30 days after receiving notification that the resident is unable to return. (b) A reasonable storage fee may be charged for storage of the resident’s belongings beyond 30 days if the admission agreement includes fees for storage. (3) SUBSTANTIATED ABUSE. If a resident dies or leaves a facility due to substantiated neglect, substantiated abuse, or due to conditions of imminent danger of life, health, or safety, as substantiated by the Department, the facility may not charge the resident beyond the resident's last day in the facility. (4) INVOLUNTARY MOVE-OUT. If the facility gives written notice for the resident to leave, the facility waives the right to charge for services or room and board beyond the date of the resident’s departure. If applicable, the facility may pursue past due charges that the resident incurred prior to move-out. (5) REFUNDS. The provider must refund any advance payments within 30 days after the resident leaves the facility. (6) RATE INCREASES. The facility must provide 30 days written notice prior to any facility-wide increases, additions, or changes. (7) SERVICE RATE INCREASES. The facility must provide immediate written notice to the resident at the time the facility determines the resident’s service rates shall increase due to increased service provision, as negotiated in the resident's service plan. (8) MEDICAID PERSONAL INCIDENTAL FUNDS. The facility must have written policies, procedures, and accounting records for handling residents’ personal incidental funds that are managed in the resident’s own best interest. (a) The resident may manage their personal financial resources, or may authorize another individual or the facility to manage their personal incidental funds. (b) The facility must hold, manage, and account for the personal incidental funds of the resident when requested in writing by the resident. (c) Records must include the Resident Account Record (SDS 713) or other comparable expenditure form if the facility manages or handles a resident’s personal incidental funds. (A) The resident account record must show in detail, with supporting documentation, all monies received on behalf of the resident and the disposition of all funds received. (B) Individuals shopping for residents must provide a list showing description and price of items purchased, along with payment receipts for these items. (C) The facility must provide a copy of the individual Resident Account Record to the resident on a quarterly basis. (d) Resident personal incidental fund accounts may not be co-mingled with facility funds. (e) Residents must have reasonable access to their personal incidental funds. At minimum, requests to access personal incidental funds must be acted upon by the facility within one day of the request, excluding weekends and holidays. (f) Upon the death of a Medicaid resident with no known surviving spouse, personal incidental funds held by the facility for the resident must be forwarded within 10 business days of the death of the resident to the Department of Human Services, Estate Administration Unit, P.O. Box 14021, Salem OR 97309. (g) The facility must maintain documentation of the action taken and the amount of personal incidental funds conveyed.