OAR 411-061-0010: Reporting of COVID-19 Vaccination Data in Nursing Facilities, Assisted Living Facilities, and Residential Care Facilities

(1) For purposes of this rule, the following definitions apply: (a) “Additional dose or booster” means a COVID-19 vaccine received two or more weeks after completion of an initial series (dose 1 and dose 2 of COVID-19 vaccines requiring two doses for completion or one dose of COVID-19 vaccine requiring only one dose for completion). (b) “Assisted Living Facility” has the meaning given that term in OAR 411-054-0005. (c) “Authority” means the Oregon Health Authority. (d) "Contraindication" means a physical condition or disease that renders a particular vaccine improper or undesirable in accordance with the current recommendations of the Advisory Committee on Immunization Practices, U.S. Department of Health and Human Services, and the Centers for Disease Control & Prevention. (e) “Nursing Facility” has the meaning given that term in OAR 411-085-0005. (f) “Residential Care Facility” has the meaning given that term in OAR 411-054-0005. (g) “Staff” means individuals who work in a facility on a regular basis (at least once a week), including individuals who may not be physically in the facility for a period of time due to illness, disability, or scheduled time off, but who are expected to return to work. This also includes individuals under contract or arrangement, including hospice and dialysis staff, physical therapists, occupational therapists, mental health professionals, or volunteers, who are in a facility on a regular basis. (2) All Assisted Living Facilities, Nursing Facilities, and Residential Care Facilities must request the following information from residents and staff and submit the following information to the Authority, on a weekly basis, or less frequently if authorized by the Authority, in a form and manner prescribed by the Authority: (a) Number of staff who, if known: (A) Were eligible to work during the previous week. (B) Have received one dose of an available two-dose COVID-19 vaccine, by product. (C) Have received a complete series of available COVID-19 two-dose vaccine, or one-dose COVID-19 vaccine, by product. (D) Were eligible to receive available COVID-19 vaccine additional doses or boosters. (E) Have received COVID-19 vaccine additional doses or boosters, by product. (F) Have a medical contraindication to receipt of COVID-19 vaccine. (b) Number of Residents who: (A) Were at the facility for at least one day in the previous week. (B) Have received one dose of an available two-dose COVID-19 vaccine, by product. (C) Have received a complete series of available COVID-19 two-dose vaccine, or one-dose vaccine, by product. (D) Were eligible to receive available COVID-19 vaccine additional doses or boosters. (E) Have received COVID-19 vaccine additional doses or boosters, by product. (F) Have a medical contraindication to receipt of COVID-19 vaccine. (3) Long-term Care Facilities that report the information in section (2) of this rule through the National Healthcare Safety Network in compliance with Centers for Medicare and Medicaid Services requirements beginning June 13, 2021, may, in lieu of reporting this information directly to the Authority, report the information to the Authority through the National Healthcare Safety Network. (4) Failure to comply with reporting requirements set forth in section (2) may result in the Department imposing a $250 per day civil penalty. The civil penalty process is described in OAR 411-089-0030 for nursing facilities and OAR 411-054-0120 for residential care and assisted living facilities. (5) Nursing facilities, Assisted Living Facilities, and Residential Care Facilities must provide individual-level vaccination status information for residents and staff upon request by the Authority for purposes of a disease outbreak investigation or to validate data reported in accordance with this rule.