Penalties to Quality Care Fund.

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Note: See note under 441.705.

Note: Sections 2 and 6, chapter 616, Oregon Laws 2021, provide:

Sec. 2. (1) As used in this section:

(a) "Emergency medical services provider" has the meaning given that term in ORS 682.025.

(b) "Local government" has the meaning given that term in ORS 174.116.

(c) "Long term care facility" has the meaning given that term in ORS 442.015.

(d) "Residential care facility" has the meaning given that term in ORS 443.400.

(2) The governing body of a local government may not enact or enforce any charter provision, ordinance, resolution or other regulation that:

(a) Regulates the care or services and supports provided to a patient or resident of a long term care facility or residential care facility, that are subject to regulation by the Department of Human Services under state or federal law, or pursuant to rules adopted by the department; or

(b) Imposes fees or other requirements that apply exclusively to long term care facilities or residential care facilities and are not generally applicable to business entities operating within the jurisdiction of the local government.

(3) Subsection (2) of this section does not apply to:

(a) Local government authority provided by state law, including but not limited to a local public health authority; or

(b) Laws that impose a fine, fee, charge or sanction against long term care facilities or residential care facilities that contact an emergency medical services provider to provide lift assist services to a resident who has fallen and who the long term care facility or residential care facility knows, or reasonably should have known, does not require the services of an emergency medical services provider. [2021 c.616 §2]

Sec. 6. Sections 1 and 2 of this 2021 Act are repealed on January 2, 2027. [2021 c.616 §6]


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