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Is anyone aware of/familiar with any State of Oregon regulations governing CCRCs that have independent living, assisted living and memory care facilities? We have found the Department of Human Services Oregon Secretary of State Administrative Rule, Chapter 411 (Aging and People with Disabilities and Developmental Disabilities), Division 67, Continuing Care Retirement Community, but are trying to confirm its applicability to independent living at a privately held, for-profit CCRC in the state of Oregon.
Donald,
OAR 411-67 applies to all CCRCs, not-for-profit and for profit. However, there might be some practical limitations when applying the statute to for profits. In particular, requiring residents to be on the Board of Directors might conflict with SEC rules governing Board of Directors for corporations and otherwise not be useful where the parent corporation owns and operates hundreds of facilities for the elderly and rarely discusses a particular CCRC.
Leading Age of Oregon initially drafted these rules. The Department of Human Services (DHS) changed the draft to make it more readable.
I recommend you first study Oregon Revised Statutes Chapter 101 -- Community Care Retirement Communities (ORS 101). Following the March 2009 bankruptcy of Sunwest Management, an Oregon corporation and owner/operator of 144± facilities for the aging, DHS drafted legislation greatly improving upon the existing statute. The then governor of Oregon introduced the bill to the Oregon Legislature. The Legislature unanimously passed the bill without objection. The governor signed it into law. The subsequent rules drafted by Leading Age of Oregon are not nearly as protective of the rights of residents as the statute.
Gerard Hyland