411-058-0080 Background Check Requirements (1) Any referral agent, including any employee, owner, or operator of a referral agency who provides long term care referrals to clients, and who comes into direct contact with clients must pass a criminal background check every 24 months as described in this section of this rule. Direct contact with clients includes: (a) In-person contact with clients; (b) Telephone contact with clients to obtain client-specific information, including, but not restricted to a client's medical, financial, and long term care needs; (c) Electronic communication with clients to obtain client-specific information, including, but not restricted to a client's medical, financial, and long term care needs; or (d) Contact with clients through written communication via US mail, other delivery services, or facsimile to obtain client-specific information, including, but not restricted to a client's medical, financial, and long term care needs. (2) If a referral agent or employee is hired on a preliminary basis pursuant to OAR 407-007-0315 or a substantially similar process used by a background check entity as described in OAR 411-058-0080(3) through (7), active supervision of the referral agent or employee shall include that the person supervising: (a) Knows where the referral agent or employee is and what the referral agent or employee is doing; and (b) Periodically observes the action of the employee through in-person, telephonic, or electronic contact with the agent or employee. (3) Any referral agent, including any employee of a referral agent that provides long term care referrals to clients and who comes into direct contact with clients, as described in 411-058-0080(1), must undergo a background check process substantially similar to the process described in OAR 407-007-0200 to 407-007-0370 with an outcome of approved. (4) As an alternative to utilizing the Oregon Department of Human Services’ Background Check Unit, referral agents may utilize background check entities that are accredited by the Professional Background Screening Association, subject to these rules. (5) Referral agents utilizing alternative background check entities per 411-058-0080(4) must obtain prior authorization from the Oregon Department of Human Services as described in 411-058-0080(6). (6) The Oregon Department of Human Services will approve a referral agent’s use of an alternate background check entity, which demonstrably meets the requirements of this rule, if the referral agent provides: (a) A notarized affidavit from the background check entity describing and demonstrating that the entity’s background check process utilized for referral agents is substantially similar to the process defined in OAR 407-007-0200 to 407-007-0370. (b) The affidavit must include a detailed account of how the entity’s process deviates from OAR 407-007-0200 to 407-007-0370. (c) The affidavit must include the affiant’s title and role in the entity. (7) The Oregon Department of Human Services shall review in good faith and prior-authorize, deny, or seek additional information from the referral agent’s choice of nationally accredited background check entity within 15 calendar days of submission of the request and affidavit. Statutory/Other Authority: ORS 409.050, 410.070 & 443.373 Statutes/Other Implemented: ORS 409.050, 410.070 & 443.373 History: APD 44-2022, amend filed 09/06/2022, effective 09/15/2022 APD 18-2018, adopt filed 06/29/2018, effective 07/01/2018