2019 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs
Section 443.325 - Grounds for denial, suspension or revocation of license; penalties.
The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder. The authority may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.004. A failure to comply with ORS 443.305 to 443.350 includes, but is not limited to:
(1) Failure to provide a written disclosure statement to the client or the client’s representative prior to in-home care services being rendered;
(2) Failure to provide the contracted in-home care services; or
(3) Failure to correct deficiencies identified during an inspection by the authority. [1999 c.1034 §3; 2007 c.897 §2; 2009 c.595 §776b; 2009 c.792 §26; 2009 c.828 §87]
Note: The amendments to 443.325 by section 5, chapter 680, Oregon Laws 2019, become operative January 1, 2021. See section 7, chapter 680, Oregon Laws 2019. The text that is operative on and after January 1, 2021, is set forth for the user’s convenience.
(1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.305 to 443.350 or with rules adopted thereunder. A failure to comply with ORS 443.305 to 443.350 includes, but is not limited to:
(a) Failure to provide a written disclosure statement to the client or the client’s representative prior to in-home care services being rendered;
(b) Failure to provide the contracted in-home care services;
(c) Failure to correct deficiencies identified during an inspection by the authority; or
(d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of:
(A) Employment or wage laws in this state, as prescribed by the authority by rule:
(i) By an in-home care agency licensee as an employer of staff in an in-home care agency; or
(ii) By an applicant for an in-home care agency license in any business owned or operated by the applicant; or
(B) Caregiver training requirements, as established by the authority by rule, in any in-home care agency owned or operated by an in-home care agency licensee.
(2) The authority may deny, suspend or revoke the license of any in-home care agency licensed under ORS 443.315 for failure to comply with ORS 443.004.
Note: See note under 443.305.
