(1) The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS § 183.745, for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS § 409.010 (2) by any provider contracting with the department to provide intellectual or developmental disability services including, but not limited to:

Terms Used In Oregon Statutes 427.900

  • Developmental disability: means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:

    (a) Originates before an individual is 22 years of age and is expected to continue indefinitely;

    (b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;

    (c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and

    (d) Requires supports similar to those required by an individual with an intellectual disability. See Oregon Statutes 427.005

  • Facility: means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities. See Oregon Statutes 427.005
  • State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
  • Statute: A law passed by a legislature.

(a) Residential training homes or residential training facilities, as defined in ORS § 443.400;

(b) Adult foster homes, as defined in ORS § 443.705, that provide residential care to individuals with intellectual or developmental disabilities; and

(c) Persons certified by the department to provide developmental disability services, as defined in ORS § 427.101.

(2) This section may not be construed to supersede ORS § 418.992 or 441.710 or any other statute that prescribes criteria for or limitations on the imposition of a civil penalty.

(3) Moneys collected by the department pursuant to rules adopted under this section shall be transferred to the State Treasury for deposit to the Department of Human Services Account established under ORS § 409.060 and may be used by the division of the department that provides developmental disabilities services for system improvements and the implementation of policies.

(4) No less frequently than every five years, the department shall review and update, if appropriate, civil penalties established under this section.

(5) Civil penalties recovered from a residential training facility or a residential training home shall be deposited in the Long Term Care Ombudsman Account established in ORS § 441.419. [2019 c.455 § 8; 2023 c.206 § 5]

 

427.900 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

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