Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 73 - NURSING FACILITIES/MEDICAID - REMEDIES
Section 411-073-0030 - Remedies Generally
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Remedied Available. In addition to the remedies which may be provided pursuant to OAR Chapter 411, Division 89, one or more of the remedies listed in these rules (OAR Chapter 411, Division 73) may be imposed by the Division when a facility fails to comply with federal statute or regulations. The remedy(s) issued by the Division may be based upon findings of noncompliance with one or more requirements of participation.
(2) Factors To Be Considered. In order to determine the seriousness of the deficiency, and the appropriate remedy to pursue, if any, the Division:
(3) Appeal. When the Division issues a remedy, the facility may dispute the findings of noncompliance upon which the remedy is based. Except as otherwise provided by these rules, the Division's choice of remedy, including the factors considered by the Division in selecting the remedy, is not subject to appeal. The process for disputing a Division finding is found in OAR 411-073-0120 and 411-073-0140.
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 410.070