Or. Admin. Code § 411-089-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-089-0070 - Facility Fund

(1) Moneys in the Facility Fund are appropriated to the Department to pay for the reasonable expenses of a trustee or temporary manager.

(2) BASIS FOR APPOINTMENT.

(a) A trustee may be appointed when a court finds the health and welfare of facility residents are in jeopardy pursuant to ORS 441.281.

(b) A temporary manager may be appointed by the Department, with consent of the licensee, if the Department determines the health or safety of facility residents is in jeopardy pursuant to OAR 411-089-0075.

(3) LICENSEE REPAYMENT TO FACILITY FUND. When the Department is required to utilize the Facility Fund to meet expenses of a trustee or temporary manager, the amount used shall constitute a loan to the facility and shall be repayable to the Facility Fund.

(4) FACILITY FUND FEE ASSESSMENT.

(a) Licensees shall pay an annual fee that does not exceed the annual license fee until the Facility Fund balance reaches $750,000.

(b) When the Facility Fund balance reaches $750,000, annual fee collection shall be discontinued.

(c) When the Facility Fund balance falls below $600,000, annual fee collection shall be reinstituted.

(5) ALLOWABLE COST. The facility payment described in section (4)(a) of this rule shall be considered an allowable cost.

Or. Admin. Code § 411-089-0070

SPD 11-2010, f. 6-30-10, cert. ef. 7-1-10; APD 13-2015, f. 6-24-15, cert. ef. 6/28/2015

Stat. Auth.: ORS 441.341, 441.615, 441.637, 441.710, 441.715, & 441.990

Stats. Implemented: ORS 441.301, 441.303, and 441.336