Oregon Administrative Code

416-550-0080 Program Evaluation (1) Documentation of Service Delivery. A treatment foster care program must clearly document delivery of all services described in its program statement as well as compliance with all minimum operating standards described above. (2) Individual Trea…

416-700-0011 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

416-800-0000 Purpose (1) The Oregon Youth Authority (OYA) seeks to ensure the security and safety of the adjudicated youth and others in its care and custody. OYA values excellence in public service, partnerships with local communities and other agencies, openness and accountabil…

416-800-0010 Definitions (1) Approved: Pursuant to a preliminary Fitness Determination under OAR 416-800-0041 or a final Fitness Determination under OAR 416-800-0050, OYA has determined that the Subject Individual is fit to be an employee, Volunteer, Foster Care Provider, contrac…

416-800-0020 Subject Individuals “Subject Individual” means a person who is required to complete a Criminal Records Check pursuant to these rules and from whom OYA may require fingerprints for the purpose of conducting a Criminal Records Check because the person: (1) Is employed …

416-800-0031 Criminal Records Check Process (1) Disclosure of Information by Subject Individual. (a) Preliminary to a Criminal Records Check, Subject Individuals must complete and sign a consent for criminal record check form and, if requested by OYA, a fingerprint card or scan f…

416-800-0041 Preliminary Fitness Determination (1) OYA may conduct a preliminary Fitness Determination if it is interested in hiring or appointing a Subject Individual on a preliminary basis, pending a final Fitness Determination. (2) If OYA elects to make a preliminary Fitness D…

416-800-0045 Hiring or Appointing on a Preliminary Basis (1) OYA may hire or appoint a Subject Individual on a preliminary basis if OYA has Approved the Subject Individual on the basis of a preliminary Fitness Determination under OAR 416-800-0041. (2) A Subject Individual hired o…

416-800-0050 Final Fitness Determination (1) If OYA elects to conduct a Criminal Records Check, OYA must make a Fitness Determination about a Subject Individual based on information provided by the Subject Individual under OAR 416-800-0030(1), the Criminal Records Check(s) conduc…

416-800-0055 Types of Crimes Relevant to a Fitness Determination (1) Crimes Relevant to a Fitness Determination. (a) All felonies; (b) All misdemeanors; (c) Any United States Military crime or international crime; (d) Any civil restraining order entered for spousal abuse, domesti…

416-800-0065 Incomplete Fitness Determination (1) OYA will close a preliminary or final Fitness Determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a “Subject Individual” under OAR 416-800-0020; (b) The Subject Individual …

416-800-0070 Notice to Subject Individuals of Fitness Determination OYA must inform the Subject Individual who has been determined not to be fit on the basis of a Criminal Records Check, via certified mail to the most current address provided by the Subject Individual, of such di…

416-800-0080 Appealing a Fitness Determination (1) Model Rules of Procedure. OYA adopts the Attorney General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0092 and 137-003-0580, effective July 2014, as procedural rules for contested case hearings. In addition to the Mode…

416-800-0090 Record Keeping, Confidentiality Any information obtained in the Criminal Records Check is confidential. OYA must restrict the dissemination of information obtained in the Criminal Records Check. Only those persons, as identified by OYA, with a demonstrated and legiti…

416-800-0095 Fees (1) OYA may charge a fee for acquiring Criminal Offender Information for use in making a Fitness Determination. In any particular instance, the fee may not exceed the fee(s) charged OYA by the Oregon Department of State Police and the Federal Bureau of Investiga…

418-010-0010 Purpose (1) In accordance with Article XV, Section 11 of the Oregon State Constitution, the Commission ensures the high quality of homecare services by working cooperatively with area agencies and state and local agencies to accomplish the following: (a) Establish qu…

418-010-0020 Rulemaking The Commission adopts the Attorney General Model Rules applicable to rulemaking, effective on November 1, 2014, with the exception of 137-001-0080. Statutory/Other Authority: ORS 183.341 & 410.602 Statutes/Other Implemented: ORS 183.341 & 410.602 History: …

418-010-0030 Notice of Proposed Rulemaking and Adoption of Temporary Rules (1) Except as provided in ORS 183.335(7), (12), or 183.341, before permanently adopting, amending, or repealing an administrative rule, the Commission shall give notice of the intended action: (a) To legis…

418-010-0040 Delegation of Rulemaking Authority Any member or employee of the Commission who is identified on a completed Delegation of Authority form signed by the Executive Director or Chair of the Commission and filed with the Secretary of State, Administrative Rules Unit, is …

418-020-0010 Definitions (1) "Active" means an active homecare, personal support worker, or personal care attendant who has: (a) A current provider number; (b) Worked and been paid with public funds in any of the past 12 months as a homecare or personal support worker or personal…

418-020-0020 Qualifications for Homecare and Personal Support Workers and Personal Care Attendants (1) Minimum Qualifications. (a) Submit a complete application and provider enrollment agreement. (b) Pass an ODHS background check and cooperate with a recheck every two years or wh…

418-020-0030 Provider Training (1) Training is offered by the Commission to providers statewide to enhance provider skills and cultural competence, as well as the quality of services provided to consumer-employers in their home or in the community. (a) Training is provided withou…

418-020-0035 Mandatory Training and Competency Evaluations - Effective 9/1/2021 (1) Training curriculum shall be reviewed and approved by the Commission prior to use at mandatory training. (2) Mandatory training shall be geographically accessible in all areas of the state. (3) Ma…

418-020-0040 Consumer-Employer Training Services The Commission offers voluntary training services to consumer-employers, consumers' authorized representatives, and consumers' common law employers on how to manage employer responsibilities. These services are referred to as Emplo…

418-020-0050 Registry The Commission approves the use of an online matching system of qualified and active providers to provide routine, emergency, and substitute referrals to consumer-employers. (1) Service Delivery Office Responsibilities. Staff will provide information about t…

418-020-0060 Workers’ Compensation (1) The Commission elects workers' compensation coverage on behalf of consumer-employers who employ providers. (2) Consumer-employers and consumer representatives must: (a) Sign required documents for a provider to receive workers' compensation …

418-030-0000 Application The rules contained in OAR chapter 418, division 30 govern the public contracting of the Oregon Home Care Commission. In addition to these rules, the Commission is subject to ORS Chapters 279A, 279B and 279C. Statutory/Other Authority: ORS 410.602 Statute…

418-030-0010 Procurement Authority (1) The Commission may: (a) Enter into contracts with public and private organizations and individuals for the purpose of obtaining or developing training materials and curriculum or other services as may be needed by the Commission; (b) Contrac…

418-030-0020 Adoption of Oregon Health Authority Rules The Oregon Home Care Commission adopts the rules in OAR chapter 943, division 60, except for rules and definitions which are not applicable to the work of the Commission authorized in ORS 410.595–410.625 as follows: (1) Each …

418-040-0000 Purpose The rules in OAR chapter 418, division 40 establish the rules for the Homecare Choice Program administered by the Oregon Home Care Commission. The purpose of the program is to provide private pay individuals with access to the Commission's statewide Registry …

418-040-0010 Definitions (1) "Abuse" means "abuse" as defined in OAR 407-045-0260, 411-020-0002, 413-015-0115, and OAR 943-045-0250. (2) "Active" means a homecare or personal support worker has a current provider number and has worked and been paid with public funds in any of the…

418-040-0020 Participant Eligibility (1) In order to enroll as a participant in the Homecare Choice Program, an individual, or the individual's representative, must: (a) Complete a self-assessment developed by the Oregon Home Care Commission. (b) Enter into a written service plan…

418-040-0030 Services (1) Services available through the Homecare Choice Program are intended to support a participant in the participant's home and in the community. Services are identified by the participant through a self-assessment developed by the Oregon Home Care Commission…

418-040-0040 Provider Qualifications (1) Provider Enrollment: (a) ENROLLMENT STANDARDS. To be enrolled as a provider in the Homecare Choice Program a provider must meet the following standards: (A) Submit a completed application and provider enrollment agreement to the Oregon Hom…

418-040-0050 Participant and Provider Employment Relationship (1) The relationship between a provider and a program participant is that of employee and employer. Participants are required to meet the employer responsibilities described in OAR 418-040-0020(1)(g)(A)–(H). (2) Homeca…

418-040-0060 Homecare Choice Program Service Rate (1) The Commission shall establish the service rate charged to program participants for homecare services at a level expected to generate total revenue sufficient to reimburse up to 107 percent of the costs associated with the pro…

418-040-0070 Suspension or Reduction of Homecare Choice Program Referrals If the Commission, with the assistance of DHS, determines the available provider workforce is inadequate to meet the needs of those who qualify for Medicaid funded in-home services, the Commission may suspe…

418-040-0080 Fiscal Responsibilities (1) Oregon Home Care Commission Fiscal Responsibilities. (a) The Commission shall establish the Homecare Choice provider wage rate. (b) The Commission may contract with a fiscal intermediary for the following responsibilities: (A) Making payme…

418-040-0090 Provider Termination and Hearing Rights (1) The Commission delegates authority to the Executive Director of the Oregon Home Care Commission to act on behalf of the Commission for the purposes of making decisions related to a provider's eligibility to provide services…

419-050-0000 Requesting a Contested Case Hearing of Substantiated Abuse Determination (1) This rule applies to contested case hearings on substantiated adult abuse findings made by the Department’s Office of Training, Investigation and Safety (OTIS) or the Department designees (C…

419-050-0010 Lay Representation in Contested Case Hearings (1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Office of Administrative Heari…

419-100-0000 Purpose and Scope (1) These rules, OAR chapter 419, division 100, prescribe standards and procedures for the investigation of reported abuse, and assessment for and provision of protective services for adults with developmental disabilities in community programs and …

419-100-0010 Definitions In addition to the definitions in ORS 430.735, the following terms are defined as used in OAR chapter 419, division 100. (1) “Abuse” means as defined in ORS 430.735. (2) “Abuse Investigation and Protective Services Report” means a written report completed…

419-100-0020 Training and Qualifications for Individuals Investigating Reports of Alleged Abuse (1) OTIS shall provide sufficient and timely training and consultation to ensure that the investigator is able to conduct a thorough and unbiased investigation and make a determination…

419-100-0030 Initial Action on Complaints of Alleged Abuse (1) OTIS or CDDP receiving a complaint alleging abuse shall document the reported information required by ORS 430.743 and any additional information reported. OTIS or CDDP shall attempt to elicit the following information…

419-100-0040 Screening Activities and Initial Notices (1) Screening is the process used by an investigator to gather and assess information in order to determine the responses and whether the complaint meets the definition of abuse and there is reasonable cause to believe the abu…

419-100-0050 Assessment for and Provision of Protective Services to the Adult (1) The investigator shall ensure that appropriate and necessary adult protective services are offered to prevent further abuse. Any protective services provided shall be undertaken in a manner that is …

419-100-0060 Death Reporting (1) Effective November 1, 2019, DD case management entities for adults enrolled in community developmental disabilities programs or support service brokerages are required to notify their local DD abuse investigator of all the deaths of adults receivi…

419-100-0070 Investigation of Alleged Abuse (1) Investigation of alleged abuse shall be thorough and unbiased. (a) CDDP may not investigate alleged abuse made against employees of the same CDDP. (b) Investigations of CDDP staff shall be conducted by OTIS or another CDDP not subje…

419-100-0080 Abuse Investigation and Protective Services Report (1) The investigator is required to follow the abuse investigation and protective services assessment report formats provided by OTIS. (2) Within 55 calendar days of receiving the complaint alleging abuse, a complete…