Fall Winter 2017

www.ohca.com Fall/Winter 2017 The Oregon Caregiver 17 LEGAL & REGULATORY T he 79th Oregon Legislative Assembly passed House Bill (HB) 3359 , which contains policy recommendations from the Purple Ribbon Commission, legislators, and state agencies. The new law includes several new requirements that will promote quality care, including increased dementia caregiver training and residential care quality metrics reporting. The bill also includes reforms of the existing Department of Human Services (DHS) regulatory structure that are intended to hold long term care facilities appropriately accountable while driving positive resident outcomes. This article will focus on these regulatory reforms. Conditions on Licensure HB 3359 adds additional requirements to existing state law regarding conditions on licensure that are intended to ensure the condition is appropriately responsive to the underlying issue and supports a facility’s effort to return to substantial compliance. Under the new law, DHS may only impose a condition on licensure in a scope and manner specifically designed to remediate the finding that led to the condition. The order imposing the condition must provide both a specific description of how the scope and manner of the condition is designed to remediate the problem and a specific description of the requirements for withdrawal of the condition. The specificity in the order will help facilities understand the necessary steps to bring the facility back into substantial compliance. DHS may only impose a condition on licensure that includes a restriction on admission if the department makes a finding of “immediate jeopardy” that is likely to present an immediate jeopardy to future residents upon admission. This change will serve to focus use of restrictions on admission on situations that pose a serious threat to new residents. Similar to existing law, DHS must reinspect or reevaluate a facility within 15 days of the facility’s assertion of substantial compliance with the requirements the department provides for withdrawal of the license condition, followed by notice within five business days by phone or email of the finding of the reinspection or reevaluation. The department must issue a written report to the facility within 30 days after the reinspection or reevaluation notifying the facility of the department’s determinations regarding substantial compliance. In a move that represents a significant change to existing law, the condition on licensure is automatically removed if the department does not meet these timeframes or other requirements regarding imposition of a condition on licensure. Penalties HB 3359 substantially revises current civil monetary penalty amounts and the penalty structure. Recognizing that penalty amounts have not increased in some time, the maximum fine that DHS may impose in both a community based care setting and a nursing facility for a rule violation or non-deliberate abuse is increased to a range of $250 to $2500 and the cap for all violations in a 90-day period is increased from $7,500 to $20,000. The fine for deliberate, non-accidental abuse remains HB 3359: Regulatory Reform By Gwen Dayton, J.D., Oregon Health Care Association “ “In a move that represents a significant change to existing law, the condition on licensure is automatically removed if the department does not meet these timeframes or other requirements regarding imposition of a condition on licensure.” CONTINUES »