OAR 411-057-0165: Temporary rule language in effect until 12/27/2026. Independent Family Council

(1) A resident has the right to start or take part in resident groups, including an independent family council. An independent family council may include residents, family members of residents, and legal representatives, who may start or take part in the council. (2) At the time of admission, the facility must give the resident the residents’ legal representative and residents’ family members, if applicable: (a) Written notice of the resident’s right to start and take part in resident groups, including an independent family council. This right includes the ability of a resident’s legal representative or family to initiate or take part in an independent family council. (b) Contact information for any independent family council that already exists at the facility, and how to join. (3) If an independent family council is formed, the facility must: (a) Provide space in the facility’s entry area to display information about the council. (b) Provide meeting space that reasonably allows for privacy during times agreed upon with the council. (c) Take reasonable steps to let residents, legal representatives, and resident family members know about upcoming meetings in a timely way, if requested by the council. As used in this subsection: (A) “Timely” means providing notice at least 48 hours in advance of a scheduled meeting, unless a shorter timeframe is necessary due to urgent circumstances. (B) “Reasonable steps” means using one or more communication methods normally used by the facility to share information with residents and family members. (d) Allow staff and visitors to attend council meetings only if invited by the council. All visitors, including family members and designated representatives, must follow the facility’s visitor policies. (e) Name a staff person to respond to, or coordinate a response to, any written requests or grievances from the council. (f) Acknowledge in writing any request or grievance from the council within five business days. Provide a response by no later than the next independent family council meeting that addresses the issue. The facility does not have to agree with the request, but if the request is denied, an explanation must be given if the council asks. (4) An independent family council may not take away or limit the rights of any resident. (5) A facility may not: (a) Discriminate or retaliate against a resident because they, their family member, or their representative takes part in an independent family council; or (b) Willfully interfere with the creation, running or promotion of an independent family council.