Oregon

The grounds, as Oregon describes them

OAR 411-088-0010: "Unless a transfer is voluntary, no resident may be transferred from a facility except for the reasons and according to the procedures described in these Transfer Rules."

OAR 411-088-0020 groups the reasons under three headings, in the rule's own order.

"MEDICAL AND WELFARE REASONS." A resident may be transferred when the resident's physician states in writing that "The resident's health has improved sufficiently so the resident no longer needs the services provided by the facility; or" that "The facility is unable to meet the resident's needs and the facility has identified another environment available to the resident that may better meet the resident's needs." On that second basis, "The Department shall assist the facility in the facility's effort to identify another environment for the resident." A resident may also be transferred when "the Department Administrator or the State Fire Marshal states in writing the safety of the resident (or other people in the facility) is endangered and justifies the transfer"; when "the behavior of the resident creates a serious and immediate threat to the resident or to other residents or people in the facility and all reasonable alternatives to transfer (consistent with the attending physician's orders) have been attempted and documented in the resident's medical record"; "when the resident has a medical emergency"; "when governmental action results in a facility's certification or license being revoked or not renewed"; when the facility "intends to terminate operation as a nursing facility"; and when a resident receiving post-hospital extended care or specialized services "has improved sufficiently and no longer needs" those services, according to the physician's written opinion.

"NON-PAYMENT REASONS." A resident may be transferred "when there is a non-payment of facility charges for the resident and payment for the stay is not available through Medicaid, Medicare, or other third party reimbursement." The ground is narrowed: "A resident may not be transferred if, prior to actual transfer, delinquent charges are paid."

"CONVICTION OF A SEX CRIME." A further, separately stated basis applies where the facility learns the resident is required to register as a sex offender or is on supervision after such a conviction and "presents a current risk of harm to another resident, staff, or visitor in the facility as evidenced by:"

The published process

Requesting the hearing

OAR 411-088-0080(1): a resident to be involuntarily transferred or refused the right of return or readmission "is entitled to an informal conference and hearing as provided in this rule." The request is made "on the form provided on the brochure, "Leaving the Nursing Facility"." and "must be mailed to the Department within 10 business days of the service or delivery of the notice. The Department shall immediately notify the licensee of the request." The Department may extend that period "if the Department determines that good cause exists for failure to make a timely request." The Department's own standard notice form, Form 0509, states the same filing step in different units and with an address the rule does not carry: "you must notify the Nursing Facility Licensing Unit within 10 calendar days from the date you receive this notice at: NF.Licensing@odhs.oregon.gov." Its own filing-instructions panel adds a mailing address and a fax number: "ODHS Safety Oversight & Quality" "Nursing Facility Licensing Unit" "P.O. Box 14530" "Salem, OR 97309", "Fax: 503-378-8966", "Telephone: 503-373-2227", and instructs the reader to "ask to speak to the Nursing Facility Policy Analyst." Both the "10 business days" and "10 calendar days" statements are quoted as published; this page does not decide which governs.

The pendency provision is broad and triggers early: "A resident may not be transferred after having requested an informal conference or after facility staff or the licensee has knowledge of any indication of a resident's desire for an informal conference until: (A) Disposition of the request has been completed to the satisfaction of all parties; or (B) Authorization for transfer is provided by a Hearings Officer pursuant to this rule." Any staff member who receives "any oral or written indication of a desire for an informal conference" must immediately notify the administrator, who must immediately notify the Department. The Department "shall hold an informal conference as promptly as reasonably possible but in no event later than 10 days after the request is received" unless a later date is agreed upon, held "at the facility where the resident is located unless an alternate site is agreed upon by both the licensee and the person or agency requesting the informal conference." If a resolution is reached, "the resolution shall be reduced to writing and no formal hearing shall be held." If the licensee still wants to proceed, the Department asks whether a hearing is wanted; a hearing "is conducted as a contested case in accordance with the Administrative Procedures Act, ORS Chapter 183, and the rules of the Department adopted there under" and "must be held no later than 30 days after the informal conference" unless a later date is agreed. Form 0509 adds that "Hearings are held by the Office of Administrative Hearings, which is independent from the Oregon Department of Human Services (ODHS)." and that a party dissatisfied with the Final Order may "ask the Administrative Law Judge to rehear the hearing or reconsider this Order" (ORS 183.480-183.497).

The notice's required contents

OAR 411-088-0070 does not state the notice's contents as an inline list. Instead, section (4): "STANDARD NOTICE REQUIRED. Written notice must be provided using Form 0509 (Notice of Transfer), Form 0510 (Denial of Readmission/Return), or Form 0509L (Resident Letter Nursing Facility Closure), as appropriate." The notice to the resident "must be accompanied by a copy of the Aging and People with" — the source's own page break falls inside this sentence — "Disabilities Division's brochure, "Leaving the Nursing Facility" (Form 9847)." That brochure is still capture-pending, as at baseline. Form 0509 itself is the source for what the standard form actually contains: fields for the date and location of the proposed transfer, the issuing facility, and the resident; a checklist of the specific OAR 411-088-0020 ground or grounds relied on; a space for the facility to explain its reason in more detail; and a "Your Hearing Rights" section stating the resident's filing route (quoted above), the Long-Term Care Ombudsman's contact, and, for "Nursing Facility residents with:" "Intellectual and developmental disabilities or related disabilities" or "Mental disorder or related disabilities established under the Protection and Advocacy for Mentally Ill Individuals Act.", the contact for Disability Rights Oregon, the state's protection-and-advocacy agency: "Disability Rights Oregon", "610 SW Broadway, Suite 200", "Portland, OR 97205", "Voice: 503-243-2081", fax "1-503-243-1738".

On distribution, section (3): notice must go to "The resident or former resident, as appropriate" to everyone listed in the resident's record under section (2), to "The local unit of the Aging and People with Disabilities Division or Type B Area Agency on Aging" (unless the resident is private-pay and has stayed thirty days or less), and to "The Long-Term Care Ombudsman if there is no one currently involved and designated by the resident." A closure notice must go to the ombudsman regardless.

Bed-hold and return

OAR 411-088-0050, "Right to Return from Hospital": "If a resident is transferred to a hospital, the facility may not fill the resident's bed with another person if the resident or the resident's legal representative offers payment, or reimbursement is available from the Department, for the period of the hospital stay." Where payment or reimbursement is offered or available, "the resident shall have the right of return to his or her bed immediately after the period of hospital stay." The facility administrator "is responsible for notifying the resident or legal representative and any agency responsible for the welfare or support of the resident of the option to offer payment to hold the bed prior to filling the bed with another person." That notification is documented by the resident's or representative's written agreement or rejection. Where "the resident's bed has been given to another person because payment was not offered, the resident shall have priority for readmission over all other persons with a right to readmission and over any waiting list." "Persons with right of return have priority over all persons with right of readmission." A facility that denies a right of return "shall give written notice" (Form 0510).

OAR 411-088-0060, "Right to Readmission": "Any person transferred from a facility voluntarily or involuntarily shall have the right of readmission to the facility from which the person was transferred, provided that: (a) A request for readmission is made within 180 days of the date of transfer; (b) The person is eligible by means of payment and requires nursing facility care; and (c) No determination was made at informal conference or hearing that the person does not have the right of readmission." The rule does not require a facility to admit a person to "a bed located in a room which is occupied by a resident of the opposite sex at the time of the request." An exception applies where the two residents previously shared a room and neither objects, and does not require re-acceptance of someone who "voluntarily transferred from the facility directly to another nursing facility." "A former resident who receives Medicaid does not have the right to be readmitted to a facility which is not Medicaid certified unless reimbursement is available pursuant to OAR 411-070-0010" — that cross-referenced rule is not itself captured here. A person "whose stay in the facility totals 30 or fewer days" and was transferred for post-hospital extended care or specialized services "may not have a right of readmission."

The three rows above hoist the questions a facility's counsel answers in the first fifteen minutes. They are quotations from Oregon's published sources, not a determination that any of them applies to any situation.

Notice periods and deadlines, as stated in the sources

All quoted; none calculated.

Thirty days, ordinarily — OAR 411-088-0070(1)(a): "A facility must provide a resident transferred from the facility a minimum of 30 days prior written notice unless otherwise provided under this section."

As much notice as the emergency permits, for a life or safety threat or behaviour emergency — section (1)(b): "the facility must give as much prior written notice as the emergency permits."

No advance notice, for a medical emergency — section (1)(c): the facility "must give written notice before giving the resident's bed to another person."

Fourteen days, for governmental action — section (1)(e): "a minimum of 14 days prior written notice."

Sixty days, before a voluntary closure — section (1)(g)(A): "written notice must be provided 60 days prior to facility closure."

Five days, to notify a resident denied return or readmission — section (1)(f): written notice "mailed (registered or certified) or delivered in person within five days from the date of request for return or readmission."

Ten business days, or ten calendar days, to request an informal conference — OAR 411-088-0080(2)(a)(A): "must be mailed to the Department within 10 business days of the service or delivery of the notice"; Form 0509: "you must notify the Nursing Facility Licensing Unit within 10 calendar days from the date you receive this notice". Both are quoted; this page does not decide which governs.

Ten days, for the Department to hold the informal conference — OAR 411-088-0080(3)(a): "in no event later than 10 days after the request is received".

Thirty days, for the hearing after the informal conference — OAR 411-088-0080(4)(b): "the hearing must be held no later than 30 days after the informal conference."

One hundred eighty days, to request readmission — OAR 411-088-0060(1)(a): "A request for readmission is made within 180 days of the date of transfer".

Thirty days or fewer, a stay length that forfeits the readmission right — OAR 411-088-0060(7): a person "whose stay in the facility totals 30 or fewer days" transferred under the post-hospital extended-care ground "may not have a right of readmission."

What any of these periods means for a particular case is for the hearing office to determine.

Source map

Captured: all four, in tools/packets/oregon-packet.txt. Pending: the brochure "Leaving the Nursing Facility" (Form 9847) — tried this pass at two published addresses, one returning an expired-certificate error and the other HTTP 404, so its current address was not found; OAR 411-070-0010, cross-referenced from the readmission rule; and ORS 441.605 to 441.625.

Change log

2026-09-22 — Deepened to a full page. Two new first-party sources were captured beyond the two used at baseline: OAR 411-088-0050 and 411-088-0060 (right of return from hospital and right of readmission), the bed-hold and return provisions pending since baseline, from the same division-88 PDF already relied on; and Form 0509, the department's own standard "Notice of Involuntary Transfer," which OAR 411-088-0070(4) names as the form a facility must use. Both captured by curl through this state's recipe (tools/recipes/oregon.json, sources 6 and 7).

Findings: (1) The filing period for an informal-conference request is stated two ways by two first-party Oregon documents. OAR 411-088-0080(2)(a)(A) states "10 business days of the service or delivery of the notice"; the department's own Form 0509 states "10 calendar days from the date you receive this notice." Both are quoted as published; this page does not decide which governs a particular notice. (2) No street address for filing was found in the rule at baseline; Form 0509 supplies one — "ODHS Safety Oversight & Quality, Nursing Facility Licensing Unit, P.O. Box 14530, Salem, OR 97309" — along with an email and fax number, closing that gap. (3) The rule requires the notice's contents to come from a standard department form (0509, 0510, or 0509L) rather than stating an inline content list; this page therefore quotes what Form 0509 itself contains, rather than quoting rule text that does not exist. (4) Form 0509 states a protection-and-advocacy contact, Disability Rights Oregon, with its own address and phone numbers — not previously captured. (5) The bed-hold rule ties the right of return to whether payment for the hospital stay was offered or is available, rather than stating a Medicaid per-diem day count the way several other states do; there is no first-party statement of a Medicaid bed-hold reimbursement schedule in the sources reviewed (searched: OAR chapter 411 division 88 in full, and OAR 411-070-0010, cross-referenced from the readmission rule but not itself locatable in this pass). (6) The readmission right lapses for a resident whose total stay was 30 days or fewer and who was transferred under the post-hospital extended-care ground — a forfeiture condition distinct from the notice-exception uses of "30 days" elsewhere in this division, and recorded separately in the notice-periods register so the two are not conflated. (7) The brochure "Leaving the Nursing Facility" (Form 9847), which Form 0509 itself says must accompany every notice, remains capture-pending: the address recorded at baseline (apps.state.or.us) returned an expired-certificate error to curl, and the sharedsystems.dhsoha.state.or.us address the other Oregon forms in this packet use returned HTTP 404 for this specific file. Capture pending: per the source map. Internet Archive: not yet submitted for the two new sources. Reviewer: Carrie Schluter, reviewed 2026-09-22.

2026-08-30 — Baseline page built from the first Oregon packet: docket, lede, source map, change log. Not yet captured or written: section 01 (the grounds, as Oregon describes them) and section 02 (the published process, including the notice's required contents in full, bed-hold and return, and the notice-periods register). Findings: (1) Oregon interposes a state-run informal conference between the notice and the hearing: held at the facility, within ten days of the request, for the stated purpose of resolving the matter without a formal hearing, and reduced to writing if it resolves. No other state built so far states such a step. (2) The stay is triggered earlier than anywhere else in this index. A resident may not be transferred once the facility has knowledge of "any indication" of a desire for an informal conference, and any care staff member who receives such an indication must notify the administrator, who must notify the Department. (3) Oregon states five notice periods keyed to the ground — thirty days ordinarily, fourteen for governmental action, sixty before a voluntary closure, as much as an emergency permits for a life-safety or behaviour transfer, and none in advance for a medical emergency, though written notice must precede giving the bed to someone else. (4) The request for an informal conference is made on a form the rule locates in a brochure, "Leaving the Nursing Facility", rather than in the rule itself; that brochure is capture-pending, and the hearing row names the form as the rule names it. (5) Oregon states a basis for transfer following conviction of a sex crime, with conditions on admission date and on what the facility was told before admission. It is captured and will be quoted in section 02; no other state in this index states such a ground. (6) The nonpayment ground is narrower than most: a resident may not be moved if the delinquent charges are paid before the actual transfer, or if payment for current charges is available through Medicaid, Medicare or another third party. (7) Oregon was built in this round in place of Arizona, whose administrative code could not be captured from any reachable publisher. (8) No first-party statement of an Oregon bed-hold period was captured. Capture pending: per the source map. Internet Archive: not yet submitted. Reviewer: Carrie Schluter, reviewed 2026-08-30. Corrections: hello@fieldassembly.net.