(1) The Department of Human Services shall adopt rules:

(a) Establishing minimum requirements for an acuity-based staffing tool adopted by a facility and the frequency with which a facility must reassess the facility’s staffing patterns with the acuity-based staffing tool.

(b) Establishing requirements for the design of an acuity-based staffing tool adopted by a facility to ensure that the tool recommends staffing levels, intensity and qualifications necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

(c) For carrying out subsection (4) of this section.

(2) The department shall assess the staffing levels of a facility, at a minimum, each time the department conducts a survey, license approval or renewal or an investigation into a complaint regarding:

(a) Abuse of a resident;

(b) Injury to a resident;

(c) Resident safety; or

(d) Staffing levels.

(3) The assessment under subsection (2) of this section must include a determination of whether the facility is:

(a) Using an acuity-based staffing tool that meets the requirements of rules adopted under subsection (1) of this section;

(b) Recalculating the facility’s staffing patterns using the acuity-based staffing tool with the frequency required by rules adopted under subsection (1) of this section;

(c) Consistently staffing to the levels, intensity and qualifications indicated by the acuity-based staffing tool; and

(d) Consistently meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week.

(4) If the department finds, during an assessment under subsection (2) of this section, that a facility is:

(a) Not using an acuity-based staffing tool, the department shall require the facility to adopt the acuity-based staffing tool developed by the department.

(b) Not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall:

(A) Place a condition on the facility’s license as provided in ORS § 441.736 (1)(b)(A), (B), (C) or (F) until the facility implements an acuity-based staffing tool and meets the minimum staffing levels identified by the department as necessary to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and

(B) Impose fines, penalties or conditions required by law or that the department deems necessary to compel compliance.

(c) Using an acuity-based staffing tool but is not consistently staffing to the levels, intensity and qualifications indicated by the tool or is not recalculating the facility’s staffing patterns with the tool at the frequency required by rule, the department shall:

(A) Assess whether the facility is meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week;

(B) Place a condition on the facility’s license as provided in ORS § 441.736 (1)(b)(A), (B), (C) or (F) until the facility implements an acuity-based staffing tool and demonstrates the facility’s ability to meet the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week; and

(C) Continuously monitor the facility, for at least six months, for compliance with the staffing levels, intensity and qualifications indicated by the acuity-based staffing tool.

(d) Not meeting the scheduled and unscheduled needs of all residents 24 hours a day, seven days a week, the department shall establish staffing standards in a corrective action plan and place a condition on the facility’s license as provided in ORS § 441.736 (1)(b)(A), (B), (C) or (F) until the facility complies with the corrective action plan. [2021 c.588 § 2]

See note under 443.887.

MISCELLANEOUS