ORS 441.595: Construction of ORS 441.525 to 441.595.

ORS 441.525 to 441.595 shall be liberally construed to effect its purposes. In the event that any portion of ORS 441.525 to 441.595 is declared invalid or otherwise unenforceable by a court of record, the remaining provisions of ORS 441.525 to 441.595 shall nevertheless remain in full force and effect. [1973 c.153 §15] (Temporary provisions relating to the Senior Emergency Medical Services Innovation Program) Sec. 1. (1) As used in this section: (a) “Long term care facility” has the meaning given that term in ORS 442.015. (b) “Residential care facility” has the meaning given that term in ORS 443.400. (c) “Senior emergency medical services” means services provided by an emergency medical services provider, as defined in ORS 682.025, to residents of a long term care facility or residential care facility. (2) The Senior Emergency Medical Services Innovation Program is established in the Department of Human Services. The purpose of the program is to provide funding to and monitor local public sector pilot projects that: (a) Provide innovative strategies for addressing the emergency medical services needs of this state’s increasing number of aging residents who receive care and services in residential care facilities and long term care facilities; (b) Encourage the efficient and appropriate use of senior emergency medical services; (c) Reduce the overall costs of senior emergency medical services while promoting quality emergency medical services; and (d) Encourage unique community-based responses to challenges faced by local communities in meeting their residents’ needs for senior emergency medical services. (3) The Senior Emergency Medical Services Council is established consisting of the following 10 members appointed by the Governor: (a) One member representing long term care facilities; (b) One member representing residential care facilities; (c) One member who is a nurse or clinician in a long term care facility or a residential care facility; (d) One member representing an urban or suburban fire department or a city fire department that provides emergency medical services; (e) One member representing a rural fire protection district organized under ORS chapter 478; (f) One member who enters into agreements with a public sector entity to provide emergency medical services; (g) One member who is a physician licensed under ORS chapter 677 or other health care practitioner with expertise in emergency medical services; (h) One member representing the Oregon Health Authority who has expertise in emergency medical services and trauma response; (i) One member representing private emergency medical services providers; and (j) One member who is a: (A) Family member of a resident of a long term care facility or residential care facility; (B) Caregiver in a long term care facility or residential care facility; or (C) Member or representative of a group that advocates for seniors residing in long term care facilities or residential care facilities. (4) The council shall: (a) Advise and make recommendations to the department on: (A) The criteria for the department to use to approve, reject or request resubmission of pilot project proposals that the department determines satisfy the requirements of subsection (2) of this section. The criteria must include, but are not limited to: (i) The effectiveness of the project in addressing the policy outcomes described in subsection (2) of this section. (ii) The equity impact of the project, including how the project will support older adults and people with disabilities. (iii) The prioritization of a project’s measurable outcomes and reporting mechanisms. (iv) The availability of funds in the Quality Care Fund established under ORS 443.001. (B) Minimum standards and data reporting requirements for pilot projects funded through the program. (C) Other factors identified by the council as likely to facilitate successful pilot projects. (b) Designate council members to participate in the deliberations on proposals that the department determine satisfy the requirements of subsection (2) of this section. (5) A majority of the members of the council constitutes a quorum for the transaction of business. (6) Official action by the council requires the approval of a majority of the members of the council. (7) The council shall elect one of its members to serve as chairperson. (8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective. (9) The council shall meet at times and places specified by the call of the chairperson or of a majority of the members of the council. (10) The council may adopt rules necessary for the operation of the council. (11) The department shall submit a report, in the manner provided in ORS 192.245, on the pilot projects selected for the program, the success achieved by each pilot project in meeting the goals of the program described in subsection (2) of this section and any recommendations for legislative changes necessary to improve the emergency services provided throughout this state. (12) The department shall submit the report described in subsection (11) of this section to the authority for consideration and review prior to submitting the report as described in subsection (11) of this section. (13) The department shall provide staff support to the council. (14) Members of the council are not entitled to compensation or reimbursement for expenses and serve as volunteers on the council. (15) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the council consider necessary to perform their duties. (16) Notwithstanding subsection (4)(b) of this section, a member of the council may not participate in deliberations on a proposal for a pilot project if the member has a direct conflict of interest related to the pilot project. (17)(a) Except as provided in paragraph (b) of this subsection, within 90 days of the department approving a pilot project, the department shall, subject to available funds, allocate moneys to the pilot project from the Quality Care Fund established under ORS 443.001. (b) The department may extend for a reasonable duration the 90-day timeline under paragraph (a) of this subsection if the department determines that an extension is reasonably necessary to accommodate the negotiation of terms between the department and a pilot project. (18) The department each biennium shall allocate to pilot projects approved by the department up to one third of the total funds available in the Quality Care Fund. (19) The department shall: (a) Conduct ongoing program evaluation, including monitoring the program for efficacy and alignment with the policy outcomes described in subsection (2) of this section. (b) Conduct site visits of pilot projects as necessary to identify opportunities to improve education to support the policy outcomes described in subsection (2) of this section. (c) Report findings under this subsection to the council on a quarterly basis. [2021 c.616 §1; 2025 c.485 §1] Sec. 6. (1) Section 1, chapter 616, Oregon Laws 2021, as amended by section 1 of this 2025 Act, is repealed January 2, 2030. [2021 c.616 §6; 2025 c.485 §3(1)] LONG TERM CARE FACILITIES (Nursing Home Patients’ Bill of Rights)