Oregon Regulations for the Operation of Nursing Homes

One of the reasons a skilled nursing facility may be something you choose for your loved one is because you know they are held to standards by governing bodies. These state-level requirements mean there is a clear expectation of what care should look like and what the qualifications of staff are. If you have concerns that a facility is not providing care in line with state standards, you can file a complaint.

Suppose you have discovered that your loved one is being abused or neglected by staff at the facility. In that case, you may want to retain a Portland nursing home abuse lawyer to fight for their rights and secure compensation that your loved one may be entitled to. A licensed nursing home should be a source of relief for the patient and their representative, it should not be a source of additional stress. At Paulson Coletti Trial Attorneys, we appreciate the delicate situation you may be in and will fight for the rights of those vulnerable.

Oregon Laws Regarding Nursing Homes

Oregon Licensing Requirements

Licensing requirements for Oregon nursing homes cover a robust list of requirements that detail educational requirements, staffing, and living standards. The first sections of the Oregon Administrative Rules for Nursing Facilities Licensing outlines leadership staffing. The three positions that are required are:

In some situations where the facility has fewer than 40 beds, the role of administrator and director of nursing services may be filled by the same individual. Each of the three positions has specific educational requirements that must be achieved or maintained to be within regulations. These criteria ensure that the leadership of the facility is skilled and experienced in what they do.

Admission Requirements

There is a hefty set of guidelines regarding admissions to a skilled nursing facility. These guidelines are in place to provide a framework for appropriate placement. For example, a patient cannot be admitted if they have significant mental illness or cognitive delays unless there are specified reasons the facility is an appropriate placement. Similarly, a facility may not admit a patient if it is not able to meet the patient’s needs appropriately. There are restrictions regarding the beds that a resident may be admitted to, and finally, a patient may only be admitted to a nursing home with the approval of a physician.

Oregon regulations require the patient to be assessed within eight hours of admission. This assessment should include the patient’s general condition. Within 24 hours of admission, a licensed nurse should develop a preliminary care plan that other members of the care team have access to. Within three days of admission, the patient should receive social services in accordance with the preliminary care plan. Finally, a comprehensive care plan should be developed within 14 days of resident admission.

Comprehensive Plan of Care

The plan of care is meant to be a holistic assessment of the client’s needs and abilities. It should be created with the patient’s physical and psychosocial well-being in mind. This should also include tasks and activities targeted towards improving the patient’s quality of life and promoting as much independence as is reasonably possible for the individual.

Some, but not all of the information included in the care plan is:

Medical Services

Medical services may encompass many types of services, such as physician and nursing services, dental care, and pharmaceutical policies, among others. For example, staffing issues can be a significant contributor to nursing negligence that can lead to a wrongful death lawsuit in Portland. The administrative rules outline the expectation that staffing should depend upon the client’s need and that the volume of patient beds should not fall under one RN hour per resident per week.

Regarding physician care, an Oregon-licensed nursing facility must have a physician on staff and a medical director designated in writing. The medical director will take part in quality assurance for the unit and supervise medical care. Additionally, the medical director will act as the care provider for residents who are unable to access external care or ensure that another care provider is available to see those residents.

These guidelines specify that the patients should be seen by the physician as appropriate for the client, but at least every 180 after the first 90 days. The exception to this is residents whose primary payor is Medicare. Under federal regulation 42 CFR 483.30 the patient must be seen by a physician once every 30 days for the first 90 days, then every 60 days after that.

Psychosocial Requirements

Quality of life is an important factor for residential care and skilled nursing facilities. There are numerous guidelines that focus on ensuring the residents receive care to maximize their ability to exercise independence in their daily tasks, have access to activities they enjoy, and are provided opportunities to connect with others around them.

Pets can be a significant emotional support to people. Oregon nursing home regulations allow residents to keep pets with the understanding that they are housed appropriately, kept in clean conditions, and are current on all vaccinations. While there are pets that are not permitted in nursing facilities at all, many pets that are not permitted to reside in the facility are able to visit with strict supervision.

Additionally, the Oregon guidelines require residents to have access to a bed, mattress, pillow, nightstand, chair, reading light, and electrical call system. They should also have access to bed linens and blankets as appropriate. All residents should have access to towels and soap and well as other individual hygiene items.

Nursing Home Requirements Provide Protection

The presence of accrediting bodies and licensing procedures may bring peace of mind that your loved one is receiving a minimum standard of care. The purpose of these regulations is good, and most nursing homes are places of love and care where they meet the minimum standards and continue to go above and beyond. However, sometimes that is not the case. In times like this, it is important to have people who will speak out and report concerns that may mean residents are being abused or neglected. In the state of Oregon, reporting suspected abuse or neglect comes with protection against retaliation as long the report was made in good faith. If you are unsure of the steps to take after established abuse or neglect, you can reach out to Paulson Coletti Trial Attorneys to discuss your legal options for holding negligent nursing homes accountable.