Current through Register Vol. 63, No. 3, March 1, 2024
(1) An applicant requesting approval of a
potential license for new construction or licensing of an existing building
that is not operating as a licensed facility, must communicate with the
Department before submitting a letter of intent as described in section (3) of
this rule.
(2) Before beginning new
construction of a building, or purchase of an existing building with intent to
request a license, the applicant must provide the following information for
consideration by the Department for a potential license:
(a) Demonstrate a past history, if any, of
substantial compliance with all applicable state and local laws, rules, codes,
ordinances, and permit requirements in Oregon, and the ability to deliver
quality services to citizens of Oregon; and
(b) Provide a letter of intent as set forth
in section (3) of this rule.
(3) LETTER OF INTENT. Before applying for a
building permit, a prospective applicant, with intent to build or operate a
facility, must submit to the Department a letter of intent that includes the
following:
(a) Identification of the
potential applicant.
(b)
Identification of the city and street address of the intended
facility.
(c) Intended facility
type (for example, RCF, ALF, IIC, or memory care), the intended number of
units, and maximum resident capacity.
(d) Statement of whether the applicant is
able to provide care and services for an underserved population and a
description of any underserved population the applicant is able to
serve.
(e) Indication of whether
the applicant is able to provide services through the state medical assistance
program.
(f) Identification of
operations within Oregon or within other states that provide a history of the
applicant's ability to serve the intended population.
(g) An independent market analysis completed
by a third-party professional that meets the requirements of section (4) of
this rule.
(4)
Conversion Facility Letter of Intent. If a nursing facility licensee has
elected to convert the license to a residential care facility through the
conversion facility process, the licensee must submit a conversion facility
"Letter of Intent" to the Department at least 90 days prior to the planned
closure of the nursing facility. This letter must outline the:
(a) Effective date of the proposed
conversion; and
(b) Licensee's
intent to follow OAR 411-085-0025(2) regarding nursing facility closure
requirements.
(5) MARKET
ANALYSIS. The applicant must submit a current market analysis to the Department
before applying for a building permit. A market analysis is not required for
CFs or change of owner applicants of existing licensed buildings. The market
analysis must include:
(a) A description of
the intended population to be served, including underserved populations and
those eligible to receive services through the state medical assistance
program, as applicable.
(b) A
current demographic overview of the area to be served.
(c) A description of the area and regional
economy and the effect on the market for the project.
(d) Identification of the number of
individuals in the area to be served who are potential residents.
(e) A description of available amenities (for
example, transportation, hospital, shopping center, or traffic
conditions).
(f) A description of
the extent, types, and availability of existing and proposed facilities, as
described in ORS
443.400
to
443.455,
located in the area to be served.
(g) The rate of occupancy, including waiting
lists, for existing and recently completed developments competing for the same
market segment.
(6) The
Department shall issue a written decision of a potential license within 60 days
of receiving all required information from the applicant.
(a) If the applicant is dissatisfied with the
decision of the Department, the applicant may request a contested case hearing
in writing within 14 calendar days from the date of the decision.
(b) The contested case hearing shall be in
accordance with ORS chapter 183.
(7) Before issuing a license, the Department
shall consider the applicant's stated intentions and compliance with the
requirements of this rule and all structural and other licensing requirements
as stated in these rules.
(8)
BUILDING DRAWINGS. After the letter of intent has been submitted to the
Department, one set of building drawings and specifications must be submitted
to FPS and must comply with OAR chapter 333, division 675.
(a) Building drawings must be submitted to
FPS:
(A) Before beginning construction of any
new building;
(B) Before beginning
construction of any addition to an existing building;
(C) Before beginning any remodeling,
modification, or conversion of an existing building that requires a building
permit; or
(D) After application
for an initial license of a facility not previously licensed under this
rule.
(b) Drawings must
comply with the building codes and the Oregon Fire Code (OFC) as required for
the occupancy classification and construction type.
(c) Drawings submitted for a licensed
assisted living or residential facility must be prepared by and bear the stamp
of an Oregon licensed architect or engineer.
(9) 60 DAYS BEFORE LICENSURE OR OPENING A
CONVERSION FACILITY. At least 60 days before anticipated licensure, the
applicant must submit to the Department:
(a) A
completed application form with the required fee.
(b) A copy of the facility's written rental
agreements.
(c) Disclosure
information.
(d) Facility policies
and procedures to ensure the facility's administrative staff, personnel, and
resident care operations are conducted in compliance with these
rules.
(10) 30 DAYS
BEFORE LICENSURE. 30 days before anticipated licensure the applicant must
submit:
(a) To the Department, one of the
following pieces of documentation concerning the individual designated as
facility administrator:
(A) Verification of a
valid Residential Care Facility Administrator (RCFA) license issued by the
Oregon Health Licensing Office, pursuant to OAR chapter 853.
(B) Verification of a provisional Residential
Care Facility Administrator license issued by the Oregon Health Licensing
Office and valid until December 31, 2021. As of January 1, 2022, the individual
must have successfully obtained the RCFA license defined in paragraph
(A).
(C) A completed and signed
Administrator Reference Sheet that reflects the qualifications and training of
the individual designated as facility administrator and a background check
request. This documentation will be valid until December 31, 2021. As of
January 1, 2022, the individual must have successfully obtained the RCFA
license defined in paragraph (A).
(b) To FPS, a completed and signed Project
Substantial Completion Notice that attests substantial completion of the
building project and requests the scheduling of an onsite licensing
inspection.
(11)
TWO-DAYS BEFORE LICENSURE. At least two working days before the scheduled
onsite licensing inspection of the facility, the applicant must submit, to the
Department and FPS, a completed and signed Project Completion/Inspection
Checklist that confirms the building project is complete and fully in
compliance with these rules.
(a) The
scheduled, onsite licensing inspection may not be conducted until the Project
Completion/Inspection Checklist has been received by both FPS and the
Department.
(b) The onsite
licensing inspection may be rescheduled at the Department's convenience if the
scheduled, onsite licensing inspection reveals the building is not in
compliance with these rules as attested to on the Project Completion/Inspection
Checklist.
(12)
CERTIFICATE OF OCCUPANCY. The applicant must submit to the Department and FPS,
a copy of the Certificate of Occupancy issued by the building codes agency
having jurisdiction that indicates the intended occupancy classification and
construction type.
(13)
CONFIRMATION OF LICENSURE. The applicant, before admitting any resident into
the facility, must receive a written confirmation of licensure issued by the
Department.
Statutory/Other Authority: ORS
410.070
& 443.450
Statutes/Other Implemented: ORS
443.400
- 443.455 & 443.991