(1) As used in this section:

(a) ‘Consistently’ means regularly and typically.

(b) ‘Direct care staff’ means staff who provide services for residents that include assistance with daily living, medication administration, resident-focused activities, supervision and support.

(c) ‘Facility’ includes a:

(A) Residential care facility as defined in ORS § 443.400; and

(B) Facility with a memory care endorsement under ORS § 443.886.

(2) In determining whether a facility has qualified awake direct care staff in sufficient numbers to meet the scheduled and unscheduled needs of each resident 24 hours a day as prescribed by rule, the Department of Human Services shall conduct an assessment, in accordance with rules for home and community-based settings adopted by the Centers for Medicare and Medicaid Services, and consider whether the facility consistently:

(a) Implements and maintains a current person-centered service plan for each resident as required by rule by the Centers for Medicare and Medicaid Services;

(b) Provides timely access, 24 hours a day, to all supports needed for activities of daily living including eating, hydration, toileting, hygiene, bathing, dressing, oral care and other supports included in the resident’s person-centered service plan;

(c) Provides a timely response to issues impacting the dignity of the resident, including but not limited to wet or soiled briefs, clothing or linens; and

(d) Delivers care according to the schedule and procedures outlined in the resident’s person-centered service plan, including but not limited to wound care, medication administration, pain control, behavior support, cueing and repositioning.

(3) For a complaint of a licensing violation, other than abuse, that alleges harm or potential harm to a resident or for a complaint that a facility does not have qualified awake direct care staff in sufficient numbers to meet the scheduled and unscheduled needs of each resident 24 hours a day:

(a) The department shall begin an investigation without undue delay; and

(b) The investigator shall:

(A) Assess whether the facility has qualified awake direct care staff in sufficient numbers to consistently meet the scheduled and unscheduled needs of each resident 24 hours a day pursuant to the criteria prescribed by rule under subsection (2) of this section; and

(B) Write an investigation report that includes:

(i) The investigator’s personal observations;

(ii) A review of documents and records;

(iii) A summary of all witness statements; and

(iv) A statement of the factual basis for the findings for each incident or problem alleged in the complaint, including the investigator’s assessment of staffing levels and whether the facility has qualified awake direct care staff in sufficient numbers to consistently meet the scheduled and unscheduled needs of each resident 24 hours a day. [2021 c.392 § 1]

443.441 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.