2019 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 409 - Department of Human Services
Section 409.900 - Civil penalties for failure to report.

Universal Citation: OR Rev Stat § 409.900 (2019)

(1) A long term care facility that fails to file a report or pay an assessment under ORS 409.801 by the date the report or payment is due shall be subject to a penalty of $500 per day of delinquency.

(2) Penalties imposed under this section shall be collected by the Department of Human Services and deposited in the Department of Human Services Account established under ORS 409.060.

(3) Penalties paid under this section are in addition to and not in lieu of the assessment imposed under ORS 409.801. [2003 c.736 §19; 2018 c.66 §1]

Note: 409.900 is repealed January 2, 2028, and applies to long term care facility assessments imposed before July 1, 2026. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (see following note).

Note: Sections 23 and 31, chapter 736, Oregon Laws 2003, provide:

Sec. 23. Sections 15 to 22, chapter 736, Oregon Laws 2003 [409.800 to 409.816 and 409.900], apply to long term care facility assessments imposed in calendar quarters beginning on or after November 26, 2003, and before July 1, 2026. [2003 c.736 §23; 2005 c.757 §8; 2007 c.780 §11; 2013 c.608 §19; 2018 c.66 §2]

Sec. 31. Sections 15 to 22, 24 and 29, chapter 736, Oregon Laws 2003 [409.800 to 409.816 and 409.900], are repealed on January 2, 2028. [2003 c.736 §31; 2005 c.757 §9; 2007 c.780 §14; 2009 c.11 §49; 2013 c.608 §21; 2018 c.66 §3]

Note: Sections 5 and 8, chapter 66, Oregon Laws 2018, provide:

Sec. 5. (1) In addition to the reimbursement methodology described in section 24, chapter 736, Oregon Laws 2003 [409.815], the Department of Human Services shall pay long term care facilities an additional $9.75 per resident who receives medical assistance if:

(a) The long term care facility is Medicaid certified;

(b) The long term care facility submitted to the department an acquisition plan to purchase long term care bed capacity under section 15, chapter 608, Oregon Laws 2013, on or after October 1, 2013, and on or before June 30, 2016; and

(c) The department finds the long term care facility meets quality standards adopted by the department.

(2) The department shall continue making the payments described in subsection (1) of this section for a period of four years from the date on which the department approved an acquisition plan under section 15, chapter 608, Oregon Laws 2013. [2018 c.66 §5]

Sec. 8. Section 5 of this 2018 Act is repealed on January 2, 2021. [2018 c.66 §8]

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