Oregon Statutes 441.362 – Notice by Department of Human Services prior to move or termination; hearing; consent to move; who may consent
(1) The Department of Human Services shall not move any resident from a long term care facility or terminate payment for a resident of a long term care facility without providing 30 days’ written notice to the resident of the reasons for the move or termination of payment, the resident’s right to a hearing in accordance with ORS Chapter 183 and the grounds for contesting the move or termination of payment.
Terms Used In Oregon Statutes 441.362
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) Written notice in accordance with this section shall be provided by the department in all moves, including situations where the resident requests or initiates the move.
(3) The request for hearing must be made to the department within 10 days of the service or delivery of the written notice to move.
(4) Notwithstanding subsection (1) of this section, the department may move a resident less than 30 days after the service of the notice if the resident gives informed written consent to the move or termination of payment.
(5) In the event the resident is cognitively impaired, informed written consent can only be given by a guardian, conservator, person holding a general power of attorney, person designated by the resident to receive notice of a move or termination of payment or person who requested the receipt of notice of a move or termination of payment. [1983 c.269 § 2]
[Amended by 1961 c.396 § 1; 1969 c.343 § 20a; 1969 c.694 § 9; 1971 c.36 § 5; 1973 c.284 § 3; renumbered 440.400]