Bill Text: OR SB626 | 2013 | Regular Session | Enrolled


Bill Title: Relating to ombudsman to serve vulnerable adults in residential care.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2013-08-08 - Effective date, January 1, 2014. [SB626 Detail]

Download: Oregon-2013-SB626-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 626

Sponsored by Senators MONNES ANDERSON, KNOPP; Senators
  DINGFELDER, KRUSE, ROBLAN, Representatives GELSER, GORSEK

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

                             AN ACT

Relating to ombudsman to serve vulnerable adults in residential
  care; creating new provisions; amending ORS 410.550, 441.100,
  441.103, 441.109, 441.113, 441.117, 441.121, 441.124, 441.127,
  441.131, 441.133, 441.137, 441.142, 441.146, 441.153, 443.455
  and 443.825; and repealing ORS 441.147.

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

  SECTION 1. ORS 441.100 is amended to read:
  441.100.  { + As used in ORS 441.100 to 441.153: + }
    { - (1) 'Administrative action' means any action or decision
made by an owner, employee or agent of a long term care facility
or by a public agency that affects the services to residents. - }

    { - (2) 'Committee' means the Long Term Care Advisory
Committee. - }
    { - (3) - }   { + (1) + } 'Designee' means an individual
appointed by the Long Term Care Ombudsman to serve as a
representative in order to carry out the purpose of ORS 441.100
to 441.153.
    { - (4) 'Long term care facility' means any licensed skilled
nursing facility intermediate care facility, as defined in rules
adopted under ORS 442.015, adult foster homes with residents over
60 years of age and residential care facility as defined in ORS
443.400. - }
   { +  (2) 'Residential facility' includes a:
  (a) Long term care facility;
  (b) Residential facility as defined in ORS 443.400, excluding
a:
  (A) Facility housing persons committed under ORS 161.327; and
  (B) Facility licensed by the Oregon Health Authority to provide
alcohol and drug treatment;
  (c) Licensed adult foster home as defined in ORS 443.705; and
  (d) Developmental disability child foster home, as defined in
ORS 443.830, that is certified by the Department of Human
Services. + }
  SECTION 2. ORS 441.103 is amended to read:
  441.103. (1) The office of the Long Term Care Ombudsman is
established. The Long Term Care Ombudsman shall function
separately and independently from any other state agency. The
Governor shall appoint the Long Term Care Ombudsman for a
four-year term from a list of three nominees nominated by the

Enrolled Senate Bill 626 (SB 626-B)                        Page 1

  { - Long Term Care - }  { +  Residential Facilities + }
Advisory Committee established under ORS 441.137.  { + The
appointment of the Long Term Care Ombudsman is subject to Senate
confirmation under ORS 171.562 and 171.565. + }
 { - Vacancies - }   { + A vacancy + } shall be filled within 60
days in the same manner as  { + an appointment is made. + }
 { - appointments are made, subject to Senate confirmation under
ORS 171.562 and 171.565. - }
  (2) The Long Term Care Ombudsman { +   + }may be removed for
just cause, upon recommendation to the Governor by the   { - Long
Term Care - }  { +  Residential Facilities  + }Advisory
Committee.
  (3) The Long Term Care Ombudsman shall have background and
experience in the following areas:
  (a) The   { - field - }  { +  fields + } of aging { + , mental
health or developmental disabilities + };
  (b)  { + Physical or behavioral + } health care;
  (c) Working with community programs;
  (d) Strong understanding of long term care issues, both
regulatory and policy;
  (e) Working with health care providers;
  (f) Working with and involvement in volunteer programs; and
  (g) Administrative and managerial experience.
  SECTION 3. ORS 441.109 is amended to read:
  441.109.  { + (1) + } The office of the Long Term Care
Ombudsman shall carry out the following duties:
    { - (1) - }   { + (a) + } Investigate and resolve complaints
made by or for residents of   { - long term care - }  { +
residential + } facilities about administrative actions that may
adversely affect their health, safety, welfare or rights,
including subpoenaing any person to appear, give sworn testimony
or to produce documentary or other evidence that is reasonably
material to any matter under investigation.
    { - (2) - }   { + (b) + } Undertake, participate in or
cooperate with persons and agencies in such conferences,
inquiries, meetings or studies as may lead to improvements in the
functioning of   { - long term care - }  { +  residential + }
facilities.
    { - (3) - }   { + (c) + } Monitor the development and
implementation of federal, state and local laws, regulations and
policies that relate to   { - long term care - }  { +
residential + } facilities in this state.
    { - (4) - }   { + (d) + } Provide information to public
agencies about the problems of residents of   { - long term
care - }  { +  residential + } facilities.
    { - (5) - }   { + (e) + } Work closely with cooperative
associations and citizen groups in this state { +  and the state
protection and advocacy system under ORS 192.517 + }.
    { - (6) - }   { + (f) + } Widely publicize the Long Term Care
Ombudsman's service, purpose and mode of operation.
    { - (7) - }   { + (g) + } Collaborate with the  { + Oregon
Health Authority, the + } Department of Human Services { + , + }
 { - and - }  the Nursing Home Administrators Board { +  and any
other appropriate agencies and organizations + } to establish a
statewide system to collect and analyze information on complaints
and conditions in   { - long term care - }  { +  residential + }
facilities for the purpose of publicizing improvements and
resolving significant problems.

Enrolled Senate Bill 626 (SB 626-B)                        Page 2

    { - (8) - }   { + (h) + } Appoint designees to serve as local
representatives of the office in various districts of the state
and regularly monitor their functions.
    { - (9) - }   { + (i) + } Specify qualifications and duties
of designees.
    { - (10) - }   { + (j) + } Adopt rules necessary for carrying
out ORS 441.100 to 441.133, after consultation with the
 { + Residential Facilities Advisory + } Committee.
    { - (11) - }   { + (k) + } Provide periodically, or at least
 { - twice - } annually, a report to the Governor,
 { + authority, + } department and
  { - the - }  Legislative Assembly.
    { - (12) - }   { + (L) + } Prepare necessary reports with the
assistance of the  { + authority and the + } department.
   { +  (2) At least quarterly, the Oregon Health Authority and
the Department of Human Services shall provide the Long Term Care
Ombudsman with a list of the number of licensed or certified beds
in each residential facility for which the ombudsman has
responsibilities under this section.
  (3) As used in this section, 'administrative action' means any
action or decision made by an owner, employee or agent of a
residential facility or by a public agency that affects the
services to residents of the facility. + }
  SECTION 4. ORS 441.113 is amended to read:
  441.113. The Long Term Care Ombudsman shall establish
procedures to maintain the confidentiality of the records and
files of residents of   { - long term care - }  { +
residential + } facilities.  These procedures must meet the
following requirements:
  (1) The ombudsman or designee   { - shall - }  { +  may + } not
disclose, except to state agencies, the identity of any resident
unless the complainant or the resident, or the legal
representative of either, consents in writing to the disclosure
and specifies to whom the disclosure may be made.
  (2) The identity of any complainant or resident on whose behalf
a complaint is made, or individual providing information on
behalf of the { +  complainant or the + } resident   { - or
complainant - } , shall be confidential. If the complaint becomes
the subject of judicial proceedings, the investigative
information held by the ombudsman or designee shall be disclosed
for the purpose of the proceedings if requested by the court.
  SECTION 5. ORS 441.117 is amended to read:
  441.117. (1) The Long Term Care Ombudsman and each designee
shall have the right of entry into   { - long term care - }  { +
residential + } facilities at any time considered necessary and
reasonable by the ombudsman or the designee for the purpose of:
  (a) Investigating and resolving complaints  { + made + } by
residents or  { + made + } on their behalf;
  (b) Interviewing residents, with their consent, in private;
  (c) Offering the services of the ombudsman or  { + the + }
designee to any resident, in private;
  (d) Interviewing employees or agents of the   { - long term
care - } facility;
  (e) Consulting regularly with the facility administration; and
  (f) Providing services authorized by law or by rule.
  (2) The Long Term Care ombudsman shall have access to any
resident's records, and to records of any public agency necessary
to the duties of the   { - office - }  { +  ombudsman + },
including records on patient abuse complaints made pursuant to
ORS  { + 430.735 to 430.765, + } 441.630 to 441.680 and 441.995.

Enrolled Senate Bill 626 (SB 626-B)                        Page 3

 { - Nothing contained in - }  { +  The provisions of + } ORS
192.553 to 192.581   { - is - }  { +  are not + } intended to
limit the access of the Long Term Care Ombudsman to medical
records of residents of   { - long term care - }  { +
residential + } facilities.  Designees may have access to
individual resident's records, including medical records as
authorized by the resident or resident's legal representative, if
needed to investigate a complaint.
  (3) Entry and investigation authorized by this section shall be
done in a manner that does not disrupt significantly the
providing of nursing { + , residential + } or other personal
care { +  or treatment + } to residents.
  (4) The ombudsman or the designee must show identification to
the person in charge of the facility. The resident shall have the
right to refuse to communicate with the ombudsman or  { + the + }
designee.  The refusal shall be made directly to the ombudsman or
 { + the + } designee and not through an intermediary.
  (5) The resident shall have the right to participate in
planning any course of action to be taken on behalf of the
resident by the ombudsman or the designee.
  SECTION 6. ORS 441.121 is amended to read:
  441.121.  { + (1) + } Following an investigation, the  { + Long
Term Care + } Ombudsman or the designee shall report opinions or
recommendations to the party or parties affected
 { - thereby - }  and { + , if appropriate, + } shall attempt to
resolve the complaint  { - , using, whenever possible, - }
 { + using + } informal techniques of mediation, conciliation and
persuasion. Complaints of conditions adversely affecting
residents of   { - long term care - }  { +  residential + }
facilities, or   { - those - }  { +  complaints of conditions + }
threatening the safety or well-being of residents that cannot be
resolved in the manner described in this section, shall be
referred to an appropriate state agency.
   { +  (2) + } Programs that promote the safety or emotional or
physical well-being of   { - long term care - }  residents
 { + of residential facilities + } shall be promoted and
publicized by the ombudsman and the designees.
  SECTION 7. ORS 441.124 is amended to read:
  441.124. (1) The Long Term Care Ombudsman shall prepare and
distribute to each   { - long term care - }   { + residential + }
facility in this state a written notice describing the procedures
to follow in making a complaint, including the address and
telephone number of the ombudsman and local designee, if
any { + , and a poster describing the Long Term Care Ombudsman
Program and providing contact information + }.
  (2) The administrator of each   { - long term care - }  { +
residential + } facility shall post the written notice  { + and
poster + } required by this section in conspicuous places in the
facility in accordance with procedures provided by the ombudsman
and shall give   { - such - }  { +  the written + } notice to
 { - any - }  { +  each + } resident and legally appointed
guardian, if any.
  SECTION 8. ORS 441.127 is amended to read:
  441.127. (1) Any employee or agent of   { - the long term
care - }  { +  a residential + } facility acting in good faith in
discussing   { - patient - }  { +  resident + } care pursuant to
ORS 441.117 shall have immunity from any civil liability
 { - , - }  that might otherwise be incurred or imposed with
respect to the making of such report.

Enrolled Senate Bill 626 (SB 626-B)                        Page 4

  (2) Any employee or agent who makes a report pursuant to ORS
441.117   { - shall - }  { +  may + } not be subjected to any
retaliation by any official or other employee of a   { - long
term care - }   { + residential + } facility solely for making a
report, including but not limited to restriction of otherwise
lawful access to the facility or to any resident
 { - thereof - }  { +  of the facility + }, or, if an employee,
to dismissal or harassment.
  (3) The  { + Long Term Care + } Ombudsman or the designee
acting in good faith in discussing   { - patient - }  { +
resident + } care pursuant to ORS 441.117 shall have immunity
from any civil liability, that might otherwise be incurred or
imposed with respect to the discussion.
  SECTION 9. ORS 441.131 is amended to read:
  441.131. (1) The appointments of designees shall be made in
consultation with a local screening committee   { - which - }
 { +  that + } may consist of but not be limited to persons
representing:
  (a) The area agency on aging.
  (b) The local office of the Department of Human Services.
  (c) The local health department.
  (d) Senior citizens groups in the area.
  (e)   { - Long term care - }  { +  Residential + } facilities
in the area.
  (f) Local elected officials.
   { +  (g) The community mental health program director or local
mental health authority.
  (h) The community developmental disabilities program director.
  (i) Representatives from the Oregon Health Authority. + }
  (2) To be appointed as a designee, a person must complete six
days of initial training and attend quarterly training sessions
  { - which - }  { +  that + } are approved by the Long Term Care
Ombudsman and
  { - which - }  { +  that + } shall be coordinated and funded by
the Department of Human Services { +  and the Oregon Health
Authority, + } subject to the availability of funds
 { - therefor - } . Local screening committees shall be appointed
by and serve at the pleasure of the ombudsman.
  (3) Designees must sign a contract with the state
 { - which - }  { +  that + } outlines the scope of their duties.
In districts where a designee is an employee or agent of a local
entity, a three-party contract shall be executed. Violation of
the contract is cause for the termination of the appointment. A
directory of all designees shall be maintained in the office of
the Long Term Care Ombudsman.
  (4) The qualifications of designees shall include experience
with   { - long term care - }  { +  residential + } facilities or
residents
  { - thereof - }  or potential residents { +  of residential
facilities, and + }
  { - including - }  the ability to communicate well, to
understand laws, rules and regulations, and to be assertive, yet
objective.
  (5)  { + Applicants who have + } experience in either social
service,  { +  mental health, developmental disability
services, + } gerontology, nursing or paralegal work   { - shall
be preferred - }  { +  shall be given preference in the
appointment of designees + }.
  (6) The contract shall include statements that the purpose of
the Long Term Care Ombudsman Program is to:

Enrolled Senate Bill 626 (SB 626-B)                        Page 5

  (a) Promote rapport and trust between the residents  { - , - }
 { +  and + } staff of the   { - nursing home and nursing home
ombudsman program - }  { +  residential facilities and Long Term
Care Ombudsman + };
  (b) Assist   { - nursing home - }  residents with participating
more actively in determining the delivery of services   { - in
long term care - }   { + at the + } facilities;
  (c) Serve as an educational resource;
  (d) Receive, resolve or relay concerns to the Long Term Care
Ombudsman or the appropriate agency; and
  (e)   { - Assure - }  { +  Ensure + } equitable resolution of
problems.
  (7) The duties of the designees are to:
  (a) Visit each assigned   { - long term care - }
 { + residential + } facility on a regular basis:
  (A) Upon arrival and departure, inform a specified staff
member.
  (B) Review, with a specified staff member, any problems or
concerns   { - which - }  { +  that + } need to be considered.
  (C) Visit individual residents and resident councils.
  (b) Maintain liaison with appropriate agencies and the Long
Term Care Ombudsman.
  (c) Report, in writing, monthly to the Long Term Care
Ombudsman.
  (d) Keep residents and   { - long term care - }  staff informed
of the Long Term Care Ombudsman Program.
  (e) Periodically review the patients' bill of rights  { +
prescribed in ORS 441.605, 441.610 and 441.612 + } with
residents, families, guardians, administrators and staff { +  of
residential facilities + }.
  (f) Perform other related duties as specified.
  SECTION 10. ORS 441.133 is amended to read:
  441.133. Nothing in ORS 441.100 to 441.153 shall affect the
right of residents of a   { - long term care - }  { +
residential + } facility to see visitors of their choice.
  SECTION 11. ORS 441.137 is amended to read:
  441.137. (1) There is established a   { - Long Term Care - }
 { +  Residential Facilities + } Advisory Committee of
 { - seven - }  { +  nine + } members to be appointed in the
following manner:
  (a) One person appointed by the Speaker of the House of
Representatives;
  (b) One person appointed by the President of the Senate;
  (c) One person appointed by the House Minority Leader;
  (d) One person appointed by the Senate Minority Leader;
  (e)   { - Two persons, from a - }  { +  One person appointed by
the Governor from each + } list of four names submitted by
 { - the organizations of - }  { +  organizations for + }
seniors,  { + organizations for persons with mental illness and
the Oregon Council on Developmental Disabilities + }
 { - appointed by the Governor - } ; and
  (f)   { - One person - }  { +  Two persons + } appointed by the
Governor.
  (2) Members described in subsection (1)(e) and (f) of this
section are subject to confirmation by the Senate under ORS
171.562 and 171.565.
  (3) The term of office of each member is four years. Before the
expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a

Enrolled Senate Bill 626 (SB 626-B)                        Page 6

vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
  (4) The members of the committee must be   { - citizens - }
 { + residents + } of this state who are broadly
representative { + , + } to the extent possible { + , + } of
persons   { - over 55 years of age - }  { +  residing in
residential facilities + }, including   { - persons with
disabilities and - } members of racial and ethnic minorities, who
have knowledge and interest in the problems of   { - the
elderly - }  { +  persons residing in residential facilities, + }
and  { + who + } are representative of all areas of
  { - the - }   { + this + } state  { - . At least five members
shall be at least 60 years of age. - }   { + and the demographics
of groups served by the Long Term Care Ombudsman. + }
  (5) A member of the committee may not have a financial or
fiduciary interest in   { - long term care - }  { +
residential + } facilities or service providers, or involvement
in the licensing or certification of   { - long term care - }
 { +  residential + } facilities or service providers.
   { +  (6) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the committee determines.
  (7) A majority of the members of the committee constitutes a
quorum for the transaction of business. Decisions may be made by
a majority of the quorum.
  (8) The committee shall meet at least once each month at a
place, day and hour determined by the committee. The committee
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the
committee.  The committee shall confer each month with the Long
Term Care Ombudsman. All meetings are subject to ORS 192.610 to
192.690.
  (9) A member of the committee is entitled to compensation and
expenses as provided in ORS 292.495. + }
  SECTION 12. ORS 441.142 is amended to read:
  441.142. The   { - Long Term Care - }  { +  Residential
Facilities + } Advisory Committee shall:
  (1) Monitor the Long Term Care Ombudsman Program.
  (2) Advise the Governor and the Legislative Assembly on the
Long Term Care Ombudsman Program.
  (3) Nominate, after interviews and according to prescribed
criteria, three persons to fill the   { - office of - }  Long
Term Care Ombudsman { +  position or to fill a vacancy in the
position + }.
  SECTION 13. ORS 441.146 is amended to read:
  441.146. (1) A   { - long term care - }  { +  residential + }
facility that files a complaint against a designee appointed
under ORS 441.131 and objects to the action of the Long Term Care
Ombudsman in resolving the complaint may appeal the ombudsman's
action to a panel of the   { - Long Term Care - }  { +
Residential Facilities + } Advisory Committee.
  (2) The committee on its own motion may review any action by
the ombudsman appealable under this section. The review shall
provide an opportunity for written and oral presentation by the
  { - long term care - }   { + residential + } facility and the
ombudsman. The committee shall issue its findings and any
instructions to the ombudsman in written form consistent with the

Enrolled Senate Bill 626 (SB 626-B)                        Page 7

federal Older Americans Act { +  or other applicable federal
law + }.
  (3) If the committee disagrees with the action of the
ombudsman, the committee may refer the resolution back to the
ombudsman with instructions consistent with the federal Older
Americans Act { +  or other applicable federal law + } to conform
the ombudsman's action in the matter to the recommendations of
the committee.
  SECTION 14. ORS 441.153 is amended to read:
  441.153. The Long Term Care Ombudsman Account is established
 { +  in the State Treasury, + } separate and distinct from the
General Fund. All miscellaneous receipts, gifts and federal and
other grants received by the Long Term Care Ombudsman shall be
deposited into the Long Term Care Ombudsman Account and are
continuously appropriated to the Long Term Care Ombudsman for
carrying out the responsibilities of the Long Term Care
Ombudsman.
  SECTION 15. ORS 443.455 is amended to read:
  443.455. (1)  { + Except as provided in subsection (5) of this
section, + } for purposes of imposing civil penalties,
residential facilities approved under ORS 443.400 to 443.455 are
subject to ORS 441.705 to 441.745.
  (2) The Director of Human Services shall by rule prescribe a
schedule of penalties for residential care facilities,
residential training facilities and residential training homes
that are not in compliance with ORS 443.400 to 443.455.
  (3) The Director of the Oregon Health Authority shall by rule
prescribe a schedule of penalties for residential treatment
facilities and residential treatment homes that are not in
compliance with ORS 443.400 to 443.455.
  (4) If the department or authority investigates and makes a
finding of abuse arising from deliberate or other than accidental
action or inaction that is likely to cause a negative outcome by
a person with a duty of care toward a resident of a residential
facility and if the abuse resulted in the death, serious injury,
rape or sexual abuse of a resident, the department or authority
shall impose a civil penalty of not less than $2,500 for each
occurrence of substantiated abuse, not to exceed $15,000 in any
90-day period. As used in this subsection:
  (a) 'Negative outcome' includes serious injury, rape, sexual
abuse or death.
  (b) 'Rape' means rape in the first, second or third degree as
described in ORS 163.355, 163.365 and 163.375.
  (c) 'Serious injury' means physical injury that creates a
substantial risk of death or that causes serious and protracted
disfigurement, protracted impairment of health or protracted loss
or impairment of the function of any bodily organ.
  (d) 'Sexual abuse' means any form of nonconsensual sexual
contact, including but not limited to unwanted or inappropriate
touching, sodomy, sexual coercion, sexually explicit
photographing and sexual harassment.
   { +  (5) Civil penalties recovered from a residential training
facility, residential training home, residential treatment
facility or residential treatment home shall be deposited in the
Long Term Care Ombudsman Account established in ORS 441.153. + }
  SECTION 16. ORS 443.825 is amended to read:
  443.825. All penalties recovered under ORS 443.790 to 443.815
shall be deposited { + :

Enrolled Senate Bill 626 (SB 626-B)                        Page 8

  (1) + } In the Quality Care Fund established in ORS 443.001
 { + if paid by an adult foster home licensed to provide
residential care to persons with physical disabilities.
  (2) In the Long Term Care Ombudsman Account established in ORS
441.153 if paid by an adult foster home licensed to provide care
to persons with mental illness or developmental disabilities + }.
  SECTION 17. ORS 410.550 is amended to read:
  410.550. (1) The Medicaid Long Term Care Quality and
Reimbursement Advisory Council is created, to consist of 12
members. Appointed members shall be residents of the State of
Oregon and representative of the geographic locations of all long
term care facilities and community-based care facilities in this
state. The members shall include:
  (a) The Long Term Care Ombudsman, who shall serve as a standing
member of the council;
  (b) A representative of the Governor's Commission on Senior
Services, to be appointed by the commission;
  (c) A representative of the Oregon Disabilities Commission, to
be appointed by the commission;
  (d) A representative of the Oregon Association of Area Agencies
on Aging and Disabilities, to be appointed by the Governor;
  (e) A representative of a senior or disabilities advocacy
organization or an individual who advocates on behalf of seniors
or persons with disabilities, to be appointed by the Governor;
  (f) A nursing home administrator licensed under ORS 678.710 to
678.820 who has practiced continuously in Oregon in long term
care for three years immediately preceding appointment, to be
appointed by the Speaker of the House of Representatives;
  (g) Two consumers of   { - long term care - }  { +
residential + } facilities { + , as defined in ORS 441.100, + }
or community-based care facilities or family members of such
residents, to be appointed by the Speaker of the House of
Representatives;
  (h) A director of nurses of an Oregon long term care facility
who has practiced in this state in long term care for three years
preceding appointment, to be appointed by the Speaker of the
House of Representatives;
  (i) A representative of an assisted living facility or a
residential care facility, to be appointed by the President of
the Senate;
  (j) A representative of an adult foster home, to be appointed
by the President of the Senate; and
  (k) An in-home care agency provider, to be appointed by the
President of the Senate.
  (2) The term of office for each member appointed under this
section shall be three years or until a successor has been
appointed and qualified.
  (3) Members of the council shall receive no compensation for
their services but unpaid volunteers not otherwise compensated
shall be allowed actual and necessary travel expenses incurred in
the performance of their duties.
  (4) The council shall:
  (a) Elect a chairperson from among its members and elect or
appoint a secretary, each of whom shall hold office for one year
or until successors are elected;
  (b) Hold an annual meeting and hold other meetings at such
times and places as the Department of Human Services or the
chairperson of the council may direct;
  (c) Keep a record of its proceedings that is open to inspection
at all times; and

Enrolled Senate Bill 626 (SB 626-B)                        Page 9

  (d) Act in an advisory capacity to the department on matters
pertaining to quality of long term care facilities and
community-based care facilities and reimbursement for long term
care services and community-based care services.
  SECTION 18. { +  ORS 441.147 is repealed. + }
  SECTION 19.  { + The amendments to ORS 410.550, 441.100,
441.103, 441.109, 441.113, 441.117, 441.121, 441.124, 441.127,
441.131, 441.133, 441.137, 441.142, 441.146, 441.153, 443.455 and
443.825 by sections 1 to 17 of this 2013 Act and the repeal of
ORS 441.147 by section 18 of this 2013 Act become operative on
July 1, 2014. + }
                         ----------

Passed by Senate July 6, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

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

Passed by House July 7, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 626 (SB 626-B)                       Page 10

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

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

Filed in Office of Secretary of State:

......M.,............., 2013

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

Enrolled Senate Bill 626 (SB 626-B)                       Page 11
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