OAR 411-060-0027: Routine Staff Testing Requirements

Every Assisted Living Facility and Residential Care Facility shall: (1) Ensure that all Facility Staff and Associated Staff are tested routinely for COVID-19 on an interval that considers the published county positivity rate, the availability of testing resources and at the frequency outlined in the Department guidance. Nursing Facilities will follow the standards set forth in the interim rules issued by the US Centers for Medicare and Medicaid Services (CMS) in 85 Federal Register 54820 (September 2, 2020). Nursing Facilities will also follow any guidance issued by CMS related to these rules. (2) If a Facility is unable to comply with the required testing interval due to lack of access to molecular testing services that can reliably process tests within 48 hours or lack of access to antigen tests, the Facility may request an exception and alternate testing schedule from the Department. (3) Conduct testing in a manner that is consistent with current standards of practice for conducting COVID-19 tests as defined in OHA clinical guidance. (4) For each instance of Facility Staff and Associated Staff testing, document or obtain copies of documentation that testing was completed and the results of each test. (5) Upon the identification of an individual specified in this paragraph with symptoms consistent with COVID-19, or who tests positive for COVID-19, take actions to prevent the transmission of COVID-19. (6) Have procedures for addressing Facility Staff and Associated Staff who refuse testing or are unable to be tested. Serial testing of all Facility Staff and Associated Staff is mandatory, except for those Facility Staff and Associated Staff who provide medical justification for declining testing from a licensed health care provider. If any Facility Staff or Associated Staff refuses testing that is required under this rule, the Facility or Associated Staffing Provider is required to address a refusal as a personnel matter with the individual employee. Personnel consequences for refusals to test shall be consistent with requirements under federal and state employment laws and collective bargaining agreements, if applicable.