Oregon Administrative Code

309-040-0340 Issuance of a License (1) The license must include but is not limited to the name of the applicant, name of the AFH, address of the home to which the license applies, the maximum number of residents, the name of the resident manager if applicable, conditions if appli…

309-040-0345 Renewal (1) The licensee must submit a complete renewal application packet and the required fee, as applicable, at least 120 days prior to the expiration date of the license. If the completed renewal application and fee are not submitted prior to the expiration date,…

309-040-0350 Variance (1) A provider or applicant may apply to the Division for a variance from a provision of these rules using the Division’s Variance Request form. The provider must provide clear and convincing evidence the variance does not jeopardize the health, life, or saf…

309-040-0355 Contracts (1) Providers who care for residents who are or become eligible for Medicaid services must enter into a Medicaid Provider Enrollment Agreement with the Division and comply with Division rules and terms governing provider participation in the Oregon Medicaid…

309-040-0360 Qualifications for AFH Providers, Resident Managers, and Other Caregivers (1) An AFH provider must meet the following qualifications: (a) Be at least 21 years of age; (b) Live in the AFH to be licensed, unless an approved resident manager lives in the AFH; (c) Provid…

309-040-0365 Facility Standards (1) In order to qualify for or maintain a license, an AFH must meet and maintain the following provisions: (a) Demonstrate compliance with Oregon Structural Specialty Code (OSSC) and Oregon Fire Code; (b) Maintain up-to-date documentation verifying…

309-040-0370 Safety (1) The provider must train all program staff in staff safety procedures prior to beginning their first regular shift. All residents must be trained in resident safety procedures during their first 24 hours of residency. (2) Emergency Procedures: (a) An emerge…

309-040-0375 Sanitation (1) The water supply in the home must meet the requirements of the current Authority rules governing domestic water supplies: (a) A municipal water supply must be utilized if available; (b) When the home is not served by an approved municipal water system,…

309-040-0380 Individual Furnishings (1) Bedrooms and Units: (a) Bedrooms for all household occupants and units for residents must have been constructed as a bedroom when the home was built or remodeled under permit; be finished with walls or partitions of standard construction th…

309-040-0385 Food Services (1) Providers must prepare and serve three nutritionally balanced meals and provide at least two snacks to residents each day at times consistent with those in the community. (a) Meals must be prepared and served in the facility where the residents live…

309-040-0390 Standards and Practices for Care and Services (1) The provider, resident manager and substitute caregivers must understand administration of each resident’s medications, including the reason the medication was ordered, route, frequency, parameters (such as when to ho…

309-040-0393 Individually-Based Limitations (1) When the provider cannot meet the HCBS qualities described below due to a threat to the health and safety of a resident or others, the provider may seek to apply an individually based limitation through the process described in this…

309-040-0394 Residency Agreement (1) The provider must enter into a written residency agreement with each resident or the resident’s representative consistent with the following: (a) The written residency agreement must be signed by the provider and the resident or the resident’s…

309-040-0395 Standards for Admission, Transfers, Respite, Discharges, and Closures (1) Each adult referred for placement in an AFH may select and choose from available service settings. (2) A provider may only admit a resident with a referral from, or prior written approval of th…

309-040-0400 Inspections (1) The Division must conduct an inspection of an AFH: (a) Prior to issuance of a license; (b) Upon receipt of an oral or written complaint of violations that threaten the health, safety, or welfare of residents; or (c) Anytime the Division has probable c…

309-040-0405 Procedures for Correction of Violations (1) At any time after receipt of a notice of violations or an inspection report, the provider or the Division may request a conference in writing. The conference must be scheduled within ten days of a request by either party. T…

309-040-0410 Residents’ Bill of Rights, Complaints, and Grievances (1) Residents' Bill of Rights: (a) The provider must guarantee Residents’ Bill of Rights as described in ORS 443.739 and help residents exercise them; (b) The provider must post the Residents’ Bill of Rights in a …

309-040-0415 Administrative Sanctions (1) An administrative sanction may be imposed for non-compliance with these rules. (2) An administrative sanction includes one or more of the following actions: (a) Civil penalties; (b) Attachment of conditions to a license; and (c) Denial, s…

309-040-0420 Denial, Suspension, Revocation, or Refusal to Renew (1) The Division must deny, revoke, or refuse to renew a license where it finds any of the following: (a) There has been substantial non-compliance with these rules; (b) There is substantial non-compliance with loca…

309-040-0430 Conditions (1) Conditions may be attached to a license upon a finding that: (a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals; (b) There exists a threat to the health, safety, and welfare of …

309-040-0435 Criminal Penalties (1) Operating an AFH without a license is punishable as a Class C misdemeanor. (2) Refusing to allow any of the following is punishable as a Class B misdemeanor: (a) Division access to the AFH for inspection or investigation; (b) Division access to…

309-040-0440 Civil Penalties (1) Except as otherwise provided in this rule, civil penalties of not less than $100 per violation, and not more than $250 per violation may be imposed for a general violation of these rules . (2) Civil penalties of not less than $100 and not more tha…

309-040-0450 Adjustment, Suspension or Termination of Payment (1) The Division or CMHP may adjust, suspend, or terminate payment to a provider when any of the following conditions occur: (a) The provider's AFH license is revoked, suspended, or terminated; (b) Upon a finding that …

309-040-0455 Enjoinment of AFH Operation The Division may commence an action to enjoin the operation of an AFH pursuant to ORS 443.775(5): (1) When an AFH is operated without a valid license; or (2) After notice of revocation, non-renewal, or suspension has been given, a reasonab…

309-040-0470 Suspension of License (1) The Division must immediately suspend a license if: (a) There exists a threat to the health, safety or welfare of any resident; (b) There is reliable evidence of abuse of any resident; or (c) The licensee fails to operate the AFH in substant…

309-045-1000 Purpose and Scope The purpose of these rules is to establish minimum standards and procedures for an Agency with Choice to perform administrative employer functions and support individuals in self-directed care and services in their home for individuals with behavior…

309-045-1010 Definitions (1) “Abuse” means abuse as defined in ORS 430.735 and ORS 419B.005. (2) “Activities of Daily Living (ADLs)” means those personal, functional activities as defined in OAR 410-173-0005. (3) “Administrator” means the person designated by the licensee through…

309-045-1020 Application for Licensure (1) An entity or organization that establishes, conducts, or represents itself to the public as an Agency with Choice or as providing a self-directed service delivery model to “individuals” defined in OAR 410-173-0005, must be licensed as an…

309-045-1030 Standards for License Renewal (1) A full and complete application for license renewal must be submitted to the Division at least 60 days prior to the expiration date of the existing license. Filing an application for renewal before the date of expiration extends the …

309-045-1040 Reporting and Billing Requirements (1) In order to receive public funds, an Agency with Choice must be licensed as an Agency with Choice and must be enrolled with the Authority as a Medicaid provider. (2) An Agency with Choice must meet all requirements in OAR 410-12…

309-045-1050 Services Provided (1) The Agency with Choice must ensure that the individual is supported in ensuring their services are adequate and responsive to their needs with a focus on self-direction. (2) The services provided by an Agency with Choice must include the provisi…

309-045-1060 Operational Standards (1) An Agency with Choice's Licensee assumes full legal, financial, and overall responsibility for the Agency with Choice's operation and contractual obligations. Any violations by Agency with Choice owners, Direct Support Workers, other staff, …

309-045-1070 Background Checks (1) An Agency with Choice must submit a background check request for each subject individual to the Background Check Unit (BCU), prior to allowing the subject individual to work. An subject individual must not begin work on a preliminary basis. Prel…

309-045-1080 Emergency and Continuity of Operations Planning (1) Each Agency with Choice must establish and maintain, as part of their application, an emergency and continuity of operations plan to ensure the stability of its administrative functions and continuity of essential b…

309-045-1090 Response to Grievances and Critical Incidents (1) The Agency with Choice must maintain in its records documentation of all internal investigations of any grievance, complaint or formal complaint, and any event described in these rules. Documentation must be maintaine…

309-045-1100 Administrator Qualifications and Requirements (1) The administrator must have the education and training sufficient to administer the Agency with Choice. At a minimum, the administrator must have two years of management, and professional experience. (2) The administr…

309-045-1110 Direct Support Worker Qualifications and Requirements (1) The services provided by an Agency with Choice must be rendered by qualified and trained employees. (2) Direct support workers who have been substantiated for abuse or Medicaid fraud as a provider from any car…

309-045-1120 Direct Support Worker Training Requirements (1) The Agency with Choice must submit their training plan and curriculum for approval by the Division including who will be providing the training. (a) The training plan must substantially meet the training required by the…

309-045-1130 Personnel Records (1) The Agency with Choice shall maintain a personnel record for each direct support worker and employee. An Individual may also maintain documentation of their interview and refences and ongoing employee records. The Individual may share that infor…

309-045-1140 Individual Choice to Receive Agency with Choice Services (1) The care coordinator must provide the individual with neutral, comprehensive information about all available in-home service delivery models, including Agency with Choice. Upon the individual’s request to r…

309-045-1150 Individual Records (1) An Individual record must be maintained for every individual and must be maintained in the Agency with Choice’s office. (2) A legible, reproducible individual record which is easily accessible including: (a) Identification data; (b) Signed disc…

309-045-1160 Individual Rights (1) The Agency with Choice owner, administrator and administrator's designee as applicable must ensure that the Agency with Choice recognizes and protects the rights of each individual. (2) The Agency with Choice must provide each individual with a …

309-045-1170 Delivery of Services (1) In order to meet the individual’s needs, the Agency with Choice must work with the individual or their authorized representative to develop: (a) The schedule for the provision of services specifying the total number of hours to be provided pe…

309-045-1180 Initial Visit and Monitoring (1) A representative of the Agency with Choice, who is not the direct support worker, must contact the Individual at least every six months. Monitoring contacts may occur by phone or by other electronic means determined jointly with the i…

309-045-1190 Quality Assurance and Performance Improvement (1) An Agency with Choice must establish and maintain an effective, quality assurance and performance improvement program that evaluates and monitors the quality, safety, retention of direct support workers, and appropria…

309-045-1200 Program Review and Investigations (1) The Authority must conduct a program review as defined in these rules. (2) The Division must conduct and complete an investigation upon receipt of information or allegations an Agency with Choice is not operating in compliance wi…

309-045-1210 Complaints (1) Any person who believes these rules have been violated may file a complaint verbally or in writing to the Division regarding an allegation as to the services provided by an Agency with Choice or violations of Agency with Choice laws or regulations. (2)…

309-045-1220 Abuse Reporting and Investigations (1) Agency with Choice employees, agents and licensee must not permit, aid, or engage in abuse of individuals who are served by the Agency with Choice. All Agency with Choice staff are mandatory reporters of abuse. (a) All Agency wi…

309-045-1230 Enforcement (1) Upon receipt of a statement of deficiencies, an Agency with Choice must be provided an opportunity to dispute the Division’s program review findings but must still comply with sections (2) and (3) of this rule. (a) If an Agency with Choice desires an …

309-045-1240 Civil Penalties (1) An Agency with Choice that violates applicable laws, rules, or a final order as determined by the Division, may be subject to the imposition of a civil penalty not to exceed $1,000 per violation. (2) An Individual or entity who operates an Agency …