Department of Human Services
Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 54
RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES
411-054-0100
Exceptions and Waivers
(1) SPD may grant exceptions to these rules as provided herein. Exceptions will not be granted that are determined, in the discretion of SPD, to be detrimental to the residents. The facility seeking an exception must submit to SPD, in writing, reasons for the exception request.
(2) No exception will be granted from a regulation or provision of these rules pertaining to the monitoring of the facility, resident rights, and inspection of the public files.
(3) Exceptions granted by SPD must be in writing and be reviewed periodically. Exceptions and waivers may be rescinded at any time if SPD determines that continuance of the waiver has a potential adverse impact on resident well-being, privacy, or dignity. SPD will send written notice to the provider with reason(s) why a waiver is denied or rescinded.
(4) If applicable, exceptions will not be granted by SPD without prior consultation with other agencies involved.
(5) For assisted living facilities: an individual exception is required for each resident who chooses to share a unit with someone other than his/her spouse or partner.
Statutory/Other Authority: ORS 410.070 & 443.450
Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991
History:
SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07