OAR 411-088-0005: Definitions

As used in OAR 411, division 088, unless the context requires otherwise, the following definitions apply: (1) “Hearing” means a contested case hearing according to the Administrative Procedures Act and the Rules of the Division. (2) “Involuntary Transfer” means a transfer which is not a voluntary transfer as defined in this rule. (3) “Legal Representative” means attorney-at-law, person holding a general power of attorney or power of attorney for health care, guardian, conservator or any person appointed by a court to manage the personal or financial affairs of the resident, or person or agency legally responsible for the welfare or support of the resident, other than the facility. (4) “Medical Emergency” means a medical condition which, in the exercise of medical judgment, requires immediate health care of a level higher than the facility is capable of delivering. (5) “Notice” means a notice as specifically described within OAR 411, division 088. (6) “Post-hospital extended care services” means a prescribed course of treatment following discharge from a hospital, or following outpatient surgical services or emergency treatment in a hospital. (7) “Private Pay Resident” means a resident who does not receive public assistance under ORS Chapters 411 or 414. (8) “Rehabilitative Services” means specialized services by a therapist or a therapist assistant to a resident to attain optimal functioning including but not limited to physical therapy, occupational therapy, speech and language therapy and audiology. (9) “Right of Readmission” means the right to occupy the first vacancy in the facility regardless of any other waiting list following the resident’s request for readmission. (10) “Right of Return” means the right of a person to return to his/her nursing facility bed following transfer to a hospital. (11) “Specialized Services” means a program of care including hospice, rehabilitative services, respite care, a skilled nursing treatment regime, or be a part of a cooperative effort between the nursing facility and a hospital. The skilled treatment regime must be a regime for which the facility has established a specialty and which is designed to heal or stabilize a medical condition. The cooperative effort between hospital and nursing facility must be for the purposes of assessment and evaluation, monitoring, or for a joint effort in treating a medical condition. (12) “Transfer” means termination of an individual as a resident of a facility. The term “transfer” does not include death nor does it include a temporary relocation in which the resident’s bed remains available for the resident’s immediate return. (13) “Voluntary Transfer” means a transfer for which the resident has given consent after receipt and understanding of the notice, and after the receipt and understanding of the Division’s brochure, “Leaving the Nursing Facility.” [Publications: Publications referenced are available from the agency.]