State Booklet Regarding Eviction From Care Facilities, etc.

Tuesday, February 7, 2012

    A useful 21 page publication has recently been made available over the internet by the Oregon Department of Human Services.

    This is titled Guidance for Successful Transitions in Oregon Assisted Living and
Residential Care Communities.

    It may be found at http://www.oregon.gov/DHS/spd/provtools/cbc/docs/successful-res-transitions.pdf

    This publication is directed to care facility staff.

    It can be very useful to patients and to the families of patients, however.

    The publication focuses on involuntary moves (what some might call evictions) that are forced by the facility because of non-payment by the resident, because of changes in the needs of the resident which may require higher levels of care than the facility can provide, and/or because of what might be called personality issues.

    The booklet describes ideal processes that are designed to make the transition as smooth as possible.  The booklet also references Oregon Administrative Rules (OARs) that are relevant in some of these situations.  The booklet also discusses the rights of residents and their families.

    In particular, the booklet describes the hearing process if a resident or the family of a resident wish to challenge a decision by a facility to require the resident to move out.

    Please note that these descriptions of the hearing process are VERY limited.  Such hearings can turn on highly technical issues.  Time limits can be short, and failing to meet time limits can severely restrict or eliminate the rights of a resident or the resident’s family to challenge the move out notice or other decision.

    Nonetheless, this booklet may be very helpful to residents of long term care facilities and their families.