Or. Admin. Code § 411-054-0019

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

Section 411-054-0019 - [Effective until 12/27/2024] Change of Ownership or Management

(1) The licensee and the prospective licensee must each notify the Department in writing of a contemplated change in ownership or management entity. The written notification must be received at least 60 days prior to the proposed date of change.

(a) The prospective licensee or management entity must submit at least 60 days in advance of the proposed date change:

(A) A completed application form;

(B) A copy of policies, procedures, rental agreements, service plans, identification of the acuity-based staffing tool the facility will implement and use, and required disclosure information, including the Consumer Summary Statement; and

(C) A licensing fee, as described in ORS 443.415, submitted according to Department policy.

(b) The prospective licensee must notify the residents in writing 30 days in advance of a change in ownership or management entity. The notice to residents must include any changes to rates or policies.

(c) The prospective licensee or operator may not assume possession or control of the facility until the Department has notified the prospective licensee or operator that the license application has been approved.

(d) The licensee is responsible for the operation of the facility and resident services until a new license is issued to the new owner.

(2) A building inspection may be requested at the Department's discretion. The Department may require physical improvements if the health or safety of residents is negatively impacted.

(3) Resident records maintained by the licensee must be turned over to the new owner when the license application is approved, and the new licensee assumes possession or control of the facility.

(4) The new owner or licensee shall send a revised copy of the Consumer Summary Statement to the Department prior to a change of ownership or management. The revised copy must include new ownership or management information and any other amendments to the document. All Consumer Summary Statements are posted to the Department's licensing webpage.

Or. Admin. Code § 411-054-0019

SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07; SPD 11-2012, f. 8-31-12, cert. ef. 9-1-12; APD 55-2021, amend filed 12/09/2021, effective 12/15/2021; APD 29-2024, temporary amend filed 06/21/2024, effective 7/1/2024 through 12/27/2024

Statutory/Other Authority: ORS 410.070 & 443.450

Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991