Oregon Statutes 441.685 – Monitors; designation; duties; peer review of facilities
(1) Upon receipt of a report under ORS § 441.645 to 441.680 or upon receipt of a complaint by a resident or legal guardian of a resident, or other public or private official, as defined in ORS § 441.630 by the Department of Human Services, the Director of Human Services may designate monitors who shall observe the activities of the facility and report to the director. The monitors may be designated without prior notice to the operator or owner of the facility. The monitors shall observe the operations of the facility for a period of not to exceed 10 days, assist the facility by advising it on how to comply with state requirements and shall submit a written report periodically to the director on the operation and condition of the facility.
Terms Used In Oregon Statutes 441.685
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
(2) The monitors shall have access to the facilities to the extent necessary to carry out their duties. The monitors shall also have access to all records pertaining to the operation of the facility.
(3) Upon completion of their investigations, the monitors shall file a final report with the director and may:
(a) Find that problems in the facility have been resolved and recommend that further action by the department is unnecessary;
(b) Find that the problems in the facility are continuing but the facility owner, operator or other controlling person can resolve them within a period of not more than three months, and that during the three-month period the health and welfare of the residents of the facility are not jeopardized thereby; or
(c) Find that the problems of the facility have not been resolved and the department should take steps to obtain compliance with resident care standards and continue monitoring for an additional period.
(4) Associations representing long term care facilities may initiate a peer review process for any facility that is a member of the association and that is the subject of any complaint filed against it under ORS § 441.630 to 441.685, 678.155 and 678.445 or any other provision of law. The report of the peer review process shall be submitted to the department. The peer review described in this subsection is in addition to and not in lieu of any other investigation, observation or report of the monitors otherwise required or authorized by ORS § 441.630 to 441.685, 678.155 and 678.445. The association and persons conducting the peer review process acting in good faith shall not be subject to an action for civil damages as a result thereof.
(5) As used in this section:
(a) ‘Department’ means the Department of Human Services.
(b) ‘Director’ means the Director of Human Services.
(c) ‘Facility’ means a long term care facility as defined in ORS § 442.015.
(d) ‘Monitor’ means an agent of the director designated by the director to observe the operation of a facility. [1979 c.770 12,13; 1987 c.428 § 32; 1993 c.759 § 14; 2001 c.900 § 175]
(Investigation of Complaints)