Oregon Administrative Code

407-007-0420 Reporting Abuse Allegations Required (1) This rule applies to any SI who is: (a) A current Department employee; (b) A current Department volunteer; or (c) An individual seeking Department employment or volunteer placement, who has been offered Department employment o…

407-007-0430 Applicants to the Department (1) Subject to any applicable collective bargaining agreements, this rule applies to any SI who is: (a) Offered employment or volunteer placement with the Department; (b) Offered a change in employment or volunteer placement within the De…

407-007-0440 Current Employees of the Department (1) This rule applies to any SI who is a current Department employee. (2) If an SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, all relevant abuse investigation and lic…

407-007-0445 Employees Who Apply or Are Hired at SACU after 1/1/2018 (1) This rule applies to an SI who is: (a) Hired after 1/1/2018 at SACU; or (b) Seeking Department employment to work at SACU after 1/1/2018. (2) If the Department determines that an SI has abuse that meets all …

407-007-0450 Current Volunteers of the Department (1) This rule applies to any SI who is a current Department volunteer. (2) If an SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, the Office of Human Resources may remo…

407-007-0455 Current Contract SIs of the Department (1) This rule applies to any SI who is an employee of any contractor in any of the following: (a) A State-operated or Authority-contracted secure residential treatment facility; (b) A State-operated residential training home wit…

407-007-0460 Confidentiality (1) The Department shall maintain abuse investigation reports as confidential pursuant to ORS 409.027, 413.036 and other applicable state and federal laws and rules. (2) All abuse information and other records collected or developed during the abuse c…

407-007-0600 Purpose (1) The purpose of these rules, OAR 407-007-0600 to 407-007-0640, is to provide for procedures and standards for the background check registry pursuant to ORS 443.006. (2) These rules apply to subject individuals (SIs), as defined in OAR 407-007-0210, who wor…

407-007-0610 Definitions In addition to the definitions in OAR 125-007-0210, 407-007-0010, and 407-007-0210, the following definitions apply to OAR 407-007-0600 to 407-007-0640: (1) “Background check” means a criminal records check and an abuse check pursuant to OAR 407-007-0210 …

407-007-0620 Background Check Registry (1) The background check registry includes SIs who work or seek to work as: (a) An employee, contractor, temporary worker, or volunteer in a facility or qualified entity; or (b) A homecare worker, including the position of personal support w…

407-007-0630 Reporting Requirements for Qualified Entities (1) ORCHARDS users for qualified entities, facilities and homecare workers may access the registry online through ORCHARDS. (2) If an SI is not found in a search of the online registry, ORCHARDS users may enter a backgrou…

407-007-0640 Access and Release of Information (1) BCU shall maintain the registry through CRIMS. CRIMS users for facilities and homecare workers may access the registry online through CRIMS. (2) An SI may request in writing that BCU provide documentation of information included …

407-010-0001 Policies and Procedures to Guide Use of Information on OYA and DHS Employees Who are Subjects of a CPS Assessment The DHS Office of Human Resources will develop policies and procedures to guide use of information provided by CPS supervisors in relation to the require…

407-012-0005 Definitions The following definitions apply to OAR 407-012-0005 through 407-012-0025: (1) “Department” means the Department of Human Services. (2) “Division” means every individual organizational unit within the Department of Human Services. (3) “Employee” means indi…

407-012-0010 Prohibited Conduct (1) Conduct that may result in restriction of access includes, but is not limited to the following: (a) Causing or threatening to cause physical injury to Department employees or visitors; (b) Engaging in actions which compromise the safety or heal…

407-012-0015 Continuation of Eligible Services (1) An individual whose access has been restricted by the Department will continue to be provided services for which the individual meets program eligibility requirements by an alternate and effective method of communication as deter…

407-012-0020 Notification (1) If the Department determines that it is necessary to restrict access or the methods of communication because of prohibited conduct, the individual will be provided written notification, signed by the assistant director or deputy assistant director of…

407-012-0025 Department Review (1) The Department will establish an internal review process to ensure that a notice of restriction of access is warranted prior to issuing a written notice of restriction of access. (2) Following the Department’s issuance of a notice of restriction…

407-014-0000 Definitions The following definitions apply to OAR 407-014-0000 to 407-014-0070: (1) “Administrative hearing” means an oral proceeding before an administrative law judge in a contested case hearing. (2) “Authority” means the Oregon Health Authority. (3) “Authorizatio…

407-014-0010 Purpose (1) The purpose of these rules (OAR 407-014-000 to 407-014-0070) is to govern the collection, use, and disclosure of protected information by the Department about individuals and to explain the rights and specific actions that individuals may take or request …

407-014-0015 Information Governed by the HIPAA Privacy Rules (1) These rules address information that, among other things, may be PHI that is protected by the HIPAA Privacy Rules. For purposes of HIPAA Privacy Rules, the Authority is a covered entity, primarily because of its rol…

407-014-0020 Uses and Disclosures of Client or Participant Protected Information (1) Uses and disclosures with individual authorization. The Department must obtain a completed and signed authorization for release of information from the individual, or the individual’s personal re…

407-014-0030 Client Privacy Rights (1) Rights of clients to access their information. Clients may access, inspect, and obtain a copy of information on their own cases in Department files or records, consistent with federal and state law. (a) A client may request access by complet…

407-014-0040 Minimum Necessary Standards (1) The Department shall limit the use and disclosure of protected information to that which is reasonably necessary to accomplish the intended purpose of the use or disclosure which is referred to in these rules as the minimum necessary s…

407-014-0050 Business Associate (1) The Department is a business associate of the Authority. The Authority is the single state Medicaid agency, but the Department performs or assists in the performance of key components of the medical assistance program under the supervision of t…

407-014-0060 Uses and Disclosures of Protected Information for Research Purposes The Department may use and disclose an individual’s information for research purposes as specified in this rule. (1) All research disclosures are subject to applicable requirements of federal and sta…

407-014-0070 De-identification of Client Information and Use of Limited Data Sets under Data Use Agreements (1) The Department may use and disclose information as appropriate for the work of the Department, without further restriction, if the Department or another entity has take…

407-014-0200 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Department of Human Services adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of 11-13-2018. Statutory/Other Authority: ORS 36.224, 184…

407-014-0205 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications Pursuant to ORS 36.224, the Department of Human Services adopts by reference OAR 137-005-0054 as promulgated by the Attorney General effective as of November 13, 2018. Sta…

407-014-0300 Scope These rules (OAR 407-014-0300 to 407-014-0320) apply to an organization or individual seeking or receiving access to Department information assets or network and information systems for the purpose of carrying out a business transaction between the Department a…

407-014-0305 Definitions For purpose of these rules, the following terms have definitions set forth below. All other terms not defined in this section shall have the meaning used in the Health Insurance Portability and Accountability Act (HIPAA) security rules found at 45 CFR § 1…

407-014-0310 Information Access The organization or user shall utilize the Department access control process for all requested and approved access. The Department shall notify the user of each approval or denial. When approved, the Department shall provide the user with a unique …

407-014-0315 Security Information Assets (1) No organization or user shall access an information asset for any purpose other than that specifically authorized by the Department access control process. (2) Except as specified or approved by the Department, no organization or user …

407-014-0320 User Responsibility The organization or user shall not make any root level changes to any Department or State of Oregon network and information system. The Department recognizes that some application users have root level access to certain functions to allow the user…

407-025-0000 Purpose and Scope of Employment First (1) The purpose of the rules in OAR chapter 407, division 025 are to implement Oregon’s Employment First Policy. This policy supports individuals with intellectual or developmental disabilities to obtain, maintain, and advance in…

407-025-0010 Definitions for Employment First In addition to the following definitions, OAR 411-317-0000 and OAR 411-345-0020 include general definitions for words and terms frequently used in OAR chapter 407, division 025. If a word or term is defined differently in OAR 411-317-…

407-025-0020 No Funding in Sheltered Workshops (1) The Department shall not purchase or fund employment services or comprehensive vocational assessments for individuals with intellectual or developmental disabilities that occur in segregated or sheltered workshop settings. Employ…

407-025-0050 Career Development Planning (1) Under Oregon’s Employment First Policy, career development planning presumes that all individuals with intellectual or developmental disabilities can work and advance in competitive integrated employment. (2) The Office of Developmenta…

407-025-0060 Training for Employment Providers (1) The Department shall maintain training and curriculum for employment providers delivering employment services. (2) The Department shall adopt and implement competency-based training standards for Career Development Plans, job dev…

407-025-0070 Employment First Outreach The Department shall maintain an outreach and communication plan aimed at individuals with intellectual or developmental disabilities. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Im…

407-025-0080 Employment Provider Capacity (1) The Department shall make good faith efforts to ensure there are a sufficient number of qualified employment providers to deliver the services and supports necessary for individuals with intellectual or developmental disabilities to r…

407-025-0090 Regional and Statewide Employment First Coordination (1) The Department shall designate at least one Statewide Employment First Coordinator to oversee and coordinate the Employment First initiative and all activities required by the Department in these rules. (2) The…

407-025-0100 Quality Assurance and Improvement of Employment Services The Department shall develop, implement, and update, as appropriate, a quality improvement plan that: (1) Promotes informed choice in regard to employment; (2) Ensures employment services are developed in accor…

407-025-0110 Data Collection of Employment Services and Reporting (1) Annually, the Statewide Employment First Coordinator shall monitor the progress of implementation of the Department’s Employment First Strategic Plan through data collection, data analysis, and quality improvem…

407-025-0115 Statewide Employment First Advisory Committee (1) A Statewide Employment First Advisory Committee shall be formed to advise state agencies and the Governor on strategies for increasing opportunities for individuals with intellectual and developmental disabilities to …

407-030-0010 Purpose This rule requires Divisions of the Department of Human Services to insure federal civil rights regulations prohibiting discrimination on the basis of race, color, national origin and handicap. It provides authority enabling Divisions of the Department of Hum…

407-030-0020 Review Requirements (1) The Assistant Director for each Division shall insure that all reviews for which their Division is responsible are conducted by or with state agency Title VI/504 coordinators or their designees. (2) Each actual review shall be preceded by writ…

407-030-0030 Implementation (1) The provider compliance reviews for which each Division is responsible shall be determined by the Department of Human Services and will be issued as Department policy. (2) The methods of internal administration and coordination shall be determined …

407-030-0040 Penalties for Non-Compliance Following a review, if a provider of services, contractor, or grantee is found not be to be in compliance with Title VI or Section 504 regulations, an agreement will be developed between the reviewing Division and the provider, contractor…

407-043-0010 Oregon Health Authority Transition Period Roles and Responsibilities (1) Effective June 26, 2009, 2009 Or. Laws Chapter 595 (House Bill 2009) created the Oregon Health Authority and transferred certain duties, functions, and powers of the Department of Human Services…