Fall Winter 2017

The Oregon Caregiver Fall/Winter 2017 www.ohca.com 18 LEGAL & REGULATORY the same, but the maximum fine in a 90- day period for multiple violations is raised from $15,000 to $40,000. To correlate the penalty amount with the level of harm caused by the violation, fines for rule violations and non-deliberate abuse will now be based on the scope and severity of the violation. The higher fines may only be assessed for a violation that is “widespread” and caused “serious harm.” The bill also includes incentives in the new penalty structure that promote improving quality of care. For example, DHS may assess a $1000 penalty for failure to report abuse, as required by law, but a facility that self-reports abuse resulting in less than serious harm is provided a penalty reduction of at least 25%. Similarly, DHS must hold in abeyance a penalty for a violation resulting in minor or moderate harm if the facility achieves substantial compliance within the time period prescribed by DHS. Similar to an order imposing a condition on licensure, the notice of a violation resulting in a penalty must describe the specific remediations the facility must make to achieve substantial compliance. In this way, a penalty can be used not just to recognize a violation but to support a return to compliance. The regulatory reforms in HB 3359 present a new opportunity to use the sanction process to promote both compliance and quality care. OHCA appreciates the collaboration with the legislature and DHS in passing this bill and looks forward to working with the department to maximize this new opportunity. If you have questions about HB 3359 , contact me at [email protected]. For a copy of the bill, please visit http://bit.ly/ OR HB 3359 .  Gwen Dayton, J.D., is the Executive VP & General Counsel at OHCA. » HB 3359: REGULATORY REFORM, CONT.