Oregon Statutes 101.030 – Registration of continuing care retirement community providers
(1) A new continuing care retirement community provider shall register with the Department of Human Services before the provider:
Terms Used In Oregon Statutes 101.030
- Applicant: means a provider that has submitted an application and disclosure statement to register as a continuing care retirement community. See Oregon Statutes 101.020
- Application fee: means a fee charged to an individual or individuals, prior to execution of a residency agreement, apart from an entrance fee. See Oregon Statutes 101.020
- Continuing care: means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care. See Oregon Statutes 101.020
- Entrance fee: means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of one or more residents in a continuing care retirement community. See Oregon Statutes 101.020
- New continuing care retirement community: means a continuing care retirement community registered by a provider on or after January 1, 1990. See Oregon Statutes 101.020
- Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
- Residency agreement: means a contract between a provider and a resident for the provision of continuing care for a period greater than one year. See Oregon Statutes 101.020
- Resident: means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care. See Oregon Statutes 101.020
(a) Enters into a residency agreement with a nonresident;
(b) Solicits either a prospective resident or nonresident to pay an application fee or execute a residency agreement; or
(c) Collects an entrance fee.
(2) The provider shall apply for registration with the department on forms prescribed by the department. The application shall include a disclosure statement as described in ORS § 101.050. The disclosure statement must include an explanation, in boldfaced type, whether and in what manner and amount entrance fees are refunded to prospective residents in the event a prospective resident withdraws from the residency agreement prior to occupancy.
(3) Within 10 business days after receipt of the completed application for registration of a new continuing care retirement community, the department shall issue a notice of filing to the applicant. Within 60 days of the notice of filing, the department shall enter an order registering the provider or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the provider shall be considered registered unless the provider and the department agree in writing to an extension of time. If no order of rejection is entered within the time period as so extended, the provider shall be considered registered.
(4) If the department determines that the requirements of ORS § 101.050, 101.060, 101.070 and 101.090 have been met, it shall enter an order registering the provider. If the department determines that any of the requirements of ORS § 101.050, 101.060, 101.070 or 101.090 have not been met, the department shall notify the applicant that the application for registration must be corrected within 30 days in such particulars as are designated by the department. If the requirements are not met within the time allowed, the department may enter an order rejecting the registration. The order shall include the findings of fact upon which the order is based and which shall not become effective until 20 days after the end of the foregoing 30-day period. During the 20-day period, the applicant may petition for reconsideration and shall be entitled to a hearing. An order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been given to the applicant and a decision is rendered by the administrative law judge that sustains the department’s decision to reject the registration. [1989 c.693 § 7; 1991 c.67 § 19; 2003 c.75 § 82; 2005 c.22 § 79; 2009 c.201 § 2]