Department of Human Services
Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 89
NURSING FACILITIES/LICENSING — COMPLAINTS, INSPECTIONS, AND SANCTIONS
411-089-0130
Division Findings for Complaint Investigations (OLRO)
OLRO Review. OLRO shall review the Complaint Investigation Report and any evidence submitted with the report.
(1) OLRO Determination. OLRO shall review the Complaint Investigation Report and shall determine for each alleged violation:
(a) There is "Substantiated abuse," which means a reasonable person is able objectively to conclude it is more likely than not abuse occurred, including identification of rule violated;
(b) There is "Substantiated, non-abuse," which means a reasonable person is able objectively to conclude it is more likely than not a rule violation, other than abuse, occurred, including identification of rule violated;
(c) Is "Unsubstantiated," which means a reasonable person is able objectively to conclude it is unlikely any rule violation occurred; or
(d) Is "Unable to Substantiate," which means an investigation is not completed because necessary, relevant information is unable to be obtained; or that following a complete investigation, a reasonable person is unable objectively to conclude whether it was more or less likely a rule violation occurred.
(2) If OLRO determines there is substantiated abuse, OLRO shall determine whether the facility, or an individual, or both, were responsible. In determining responsibility, OLRO shall consider intent, knowledge, ability to control, and adherence to professional standards, as applicable.
(a) Facility Responsible. Examples of when OLRO shall determine the facility is responsible for the abuse include, but are not limited to the following:
(A) Failure to provide minimum staffing in accordance with OAR 411-086-0100(2), without reasonable effort to correct;
(B) Failure to check for, or act upon, relevant information available from a licensing board;
(C) Failure to act upon information from any source regarding a possible history of abuse by any staff or prospective staff;
(D) Failure to adequately train or orient staff;
(E) Failure to provide adequate supervision of staff or residents, or both;
(F) Failure to allow sufficient time to accomplish assigned tasks;
(G) Failure to provide adequate services;
(H) Failure to provide adequate equipment or supplies; or
(I) Failure to follow orders for treatment or medication.
(b) Individual Responsible. Examples of when OLRO shall determine an individual is responsible shall include, but are not limited to:
(A) Intentional acts against a resident including assault, rape, kidnapping, murder, sexual abuse, or verbal or mental abuse;
(B) Acts contradictory to clear instructions from the facility, unless the act is determined by OLRO to be caused by a "facility problem" such as those identified in paragraph (2)(b)(A) of this rule;
(C) Callous disregard for resident rights or safety; or
(D) Intentional acts against a resident's property (e.g., theft, misuse of funds).
(c) An individual shall not be considered responsible for the abuse if the individual demonstrates the abuse was caused by factors beyond the individual's control. "Factors beyond the individual's control" are not intended to include such factors as misuse of alcohol or drugs or lapses in sanity.
Statutory/Other Authority: ORS 410.070, 441.055 & 441.637
Statutes/Other Implemented: ORS 441.637, 441.650, 441.665 & 441.677
History:
APD 13-2015, f. 6-24-15, cert. ef. 6-28-15
APD 51-2014(Temp), f. 12-31-14, cert. ef. 1-1-15 thru 6-29-15
SSD 1-1995, f. 1-30-95, cert. ef. 2-1-95