ORS 443.889: Use of acuity-based staffing tool; assessment of staffing levels; fines, penalties or conditions; rules.

(1) The Department of Human Services shall adopt rules: (a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility’s staffing patterns with the acuity-based staffing tool. (b) Establishing requirements for the design of an acuity-based staffing tool adopted by a facility to ensure that the tool recommends staffing levels, intensity and qualifications necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week. (c) For carrying out subsection (5) of this section. (2) Before finalizing any changes to rules adopted under subsection (1)(a) or (b) of this section, to promote quality care or sufficient staffing levels the department shall assess the administrative and operational impact on facilities and on the safety of the residents and staff of facilities. (3) The department shall assess the staffing levels of a facility, at a minimum, each time the department conducts a survey, license approval or renewal or an investigation into a complaint regarding: (a) Abuse of a resident; (b) Injury to a resident; (c) Resident safety; or (d) Staffing levels. (4) The assessment under subsection (3) of this section must include a determination of whether the facility is: (a) Using an acuity-based staffing tool that meets the requirements of rules adopted under subsection (1) of this section; (b) Recalculating the facility’s staffing patterns using the acuity-based staffing tool with the frequency required by rules adopted under subsection (1) of this section; (c) Consistently staffing to the levels, intensity and qualifications indicated by the acuity-based staffing tool; and (d) Consistently meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week. (5) If the department finds, during an assessment under subsection (3) of this section, that a facility is: (a) Not using an acuity-based staffing tool, the department shall require the facility to adopt the acuity-based staffing tool developed by the department until the facility has in place the facility’s own acuity-based staffing tool. (b) Using an acuity-based staffing tool but is not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall: (A) Place a condition on the facility’s license as provided in ORS 441.736 (1)(b)(A), (B), (C) or (F); (B) Establish staffing levels in a corrective action plan; (C) Impose fines, penalties or conditions required by law or that the department deems necessary to compel compliance; and (D) Continuously monitor the facility for compliance with the staffing levels indicated by the acuity-based staffing tool for six months or until the department removes the condition placed under subparagraph (A) of this paragraph. (c) Using an acuity-based staffing tool but the tool does not meet the requirements of the rules adopted under subsection (1)(a) and (b) of this section or the facility is not using the tool to review its staffing levels at the frequency required by the rules, the department shall: (A) Assess whether the facility is meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and (B) Impose fines, penalties or conditions on the facility’s license that are required by law or that the department deems necessary to compel compliance. [2021 c.588 §2; 2024 c.92 §7]