OAR 411-071-0115. Responsibility of Adult Foster Homes, Residential Care Facilities and Non-Medicaid Nursing Facilities

(1) On or after February 1, 1991, except as provided in section (2) of this rule, prior to admission to an adult foster home, a residential care facility, or a non-Medicaid certified nursing facility, the facility must advise the individual seeking admission of the availability of admission assessment services at their own expense. (2) An individual who is entering a non-Medicaid certified nursing facility that is part of a closed system continuing care retirement community shall be exempt from this requirement. (3) The facility must certify on a form provided by the Department that the individual has been so advised. The facility shall maintain a copy of the form in the individual's client record and make a copy available to the Area Agency on Aging/Seniors and People with Disabilities unit upon request. (4) Adult foster homes, residential care facilities and non-Medicaid nursing facilities who fail to comply with these rules will be subject to sanctions against their license as specified in: ORS 443.705 to 443.820 and OAR 411, division 50, for adult foster homes; ORS 443.400 to 443.455 and OAR 411, division 54, for residential care facilities; and ORS Chapter 441 and OAR 411, divisions 85–89, for non-Medicaid nursing facilities.