Bill Text: OR HB2058 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to adult foster care; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-05-16 - Chapter 37, (2011 Laws): Effective date May 16, 2011. [HB2058 Detail]

Download: Oregon-2011-HB2058-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 2058

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber
  for Department of Human Services)

                     CHAPTER ................

                             AN ACT

Relating to adult foster care; amending ORS 443.790; and
  declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 443.790 is amended to read:
  443.790. (1) In addition to any other liability or penalty
provided by law, the director of the licensing agency may impose
a civil penalty on a person for any of the following:
  (a) Violation of any of the terms or conditions of a license
issued under ORS 443.735.
  (b) Violation of any rule or general order of the licensing
agency that pertains to a facility.
  (c) Violation of any final order of the director that pertains
specifically to the facility owned or operated by the person
incurring the penalty.
  (d) Violation of ORS 443.745 or of rules required to be adopted
under ORS 443.775.
   { +  (e) Violation of the requirement to have a license under
ORS 443.725 (1). + }
  (2) The director shall impose a civil penalty not to exceed
$500, unless otherwise required by law, on any adult foster home
for falsifying resident or facility records or causing another to
do so.
  (3) The director shall impose a civil penalty of $250 on a
provider who violates ORS 443.725 (3).
  (4) The director shall impose a civil penalty of not less than
$250 nor more than $500, unless otherwise required by law, on a
provider who admits a resident knowing that the resident's care
needs exceed the license classification of the provider if the
admission places the resident or other residents at grave risk of
harm.
  (5)(a) In every case other than those involving the health,
safety or welfare of a resident, the director shall prescribe a
reasonable time for elimination of a violation but except as
provided in paragraph (b) of this subsection shall not prescribe
a period to exceed 30 days after notice of the violation.
  (b) The director may approve a reasonable amount of time in
excess of 30 days if correction of the violation within 30 days
is determined to be impossible.
  (6) In imposing a civil penalty, the director shall consider
the following factors:

Enrolled House Bill 2058 (HB 2058-INTRO)                   Page 1

  (a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
  (b) Any prior violations of statutes, rules or orders
pertaining to facilities.
  (c) The economic and financial conditions of the person
incurring the penalty.
  (d) The immediacy and extent to which the violation threatens
or threatened the health, safety or welfare of one or more
residents.
  (7) The licensing agency shall adopt rules establishing
objective criteria for the imposition and amount of civil
penalties under this section.
  SECTION 2.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House March 1, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate May 3, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2058 (HB 2058-INTRO)                   Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2058 (HB 2058-INTRO)                   Page 3