justicedao/ipfs_state_laws huggingface dataset:
333-536-0015 Review of License Application In reviewing an application for an agency or subunit license, the Authority shall: (1) Confirm receipt of required fee and determine that the initial application is complete; (2) Conduct a survey in accordance with OAR 333-536-0041; and (3) Assess compliance with these rules and ORS 443.305 through 443.355. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 14-2007, f. 12-19-07, cert. ef. 1-1-08 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0021 Approval of License Application (1) The Authority shall notify an applicant in writing if a license application is approved. (2) A license shall be issued only for an agency and person(s) named in the application and may not be transferred or assigned. An agency that has a change of ownership at a time other than annual renewal shall submit the information in writing on a form approved by the Authority and include the fee specified in ORS 443.315. (3) The license shall be conspicuously posted in an office that is viewable by the public. Statutory/Other Authority: ORS 443.315 & 443.340 Statutes/Other Implemented: ORS 443.315, 443.340 & 443.325 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0023 Denial of License Application If the Authority intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.325 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0025 Expiration and Renewal of License Each license to operate an agency shall expire 12 months from the date of issue. If renewal is desired, the licensee shall make application at least 30 days prior to the expiration date upon a form prescribed by the Authority. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 - 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0033 Denial, Suspension or Revocation of License (1) The Authority may impose a civil penalty or deny, suspend or revoke an agency license when an agency fails to comply with ORS 443.011, 443.305 through 443.355 or these rules, including but not limited to an owner or administrator of the agency permitting, aiding or abetting any illegal act affecting the welfare of the client . (2) The Authority may deny, suspend or revoke the license of any agency for failure to comply with ORS 443.004. (3) A failure to comply with ORS 443.011, 443.305 through 443.355 includes but is not limited to: (a) Failure to provide a written disclosure statement to a client or a client's representative prior to in-home care services being rendered; (b) Failure to provide the contracted in-home care services; (c) Failure to correct deficiencies identified during an Authority inspection or complaint investigation; or (d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of: (A) Employment or wage laws in this state: (i) By an agency licensee as an employer of staff in an in-home care agency; or (ii) By an applicant for an agency license in any business owned or operated by the applicant; or (B) Caregiver training requirements as described in these rules. (4) If the Authority intends to suspend or revoke an agency license, it shall do so in accordance with ORS 183.411 through 183.470. (5) For purposes of this rule: (a) "Employment or wage laws" shall include: (A) Unpaid wages under ORS 653.010 to 653.261; or (B) Unlawful employment practices under ORS chapter 659A. (b) "Significant" shall mean in the case of a violation of caregiver training requirements, the violation caused or could reasonably have caused an adverse event for an agency client as identified in a complaint investigation or survey. "Significant" violation of caregiver training requirements shall not include a violation that exclusively involves a deficiency in documentation; (c) "Pattern" shall mean three or more occurrences of the same substantiated violation in the previous five years. (d) "Substantiated" includes violations found in a final statement of deficiency issued by the Authority or a final substantial evidence determination issued or civil penalty assessed by the Bureau of Labor and Industries that the agency violated the law in question. (6) Failure to comply with these rules includes but is not limited to demonstrating a violation of these rules which was life threatening to the client or posed a risk of hospitalization. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 and 443.325 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0035 Return of Agency License Each license certificate in the licensee's possession shall be returned to the Authority immediately upon the suspension or revocation of the license, failure to renew the license by the date of expiration, or if operation is discontinued by the voluntary action of the licensee. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0041 Surveys (1) The Authority shall, in addition to any investigations conducted pursuant to OAR 333-536-0043, conduct at least one survey of each agency prior to services being rendered and once every two years thereafter in accordance with ORS 443.315 as a requirement of licensing and at such other times as the Authority deems necessary. (2) The Authority shall notify the agency owner and administrator no less than 72 hours prior to the date of an initial or biennial licensing survey. (3) In lieu of an on-site inspection required by section (1) of this rule, the Authority may accept a certification or accreditation from a federal agency or an accrediting body approved by the Authority that state licensing standards have been met if an agency: (a) Notifies the Authority to participate in any exit interview conducted by the federal agency or accrediting body; and (b) Provides copies of all documentation concerning the certification or accreditation requested by the Authority. (4) An agency shall permit Authority staff access to any location from which it is operating its agency or providing services during a survey. (5) A survey may include but is not limited to: (a) Interviews of clients, client family members, agency management and staff; (b) On-site observations of clients and staff performance; (c) Review of documents and records; (d) Client audits. (6) An agency shall make all requested documents and records available to the surveyor for review and copying. (7) Following a survey, Authority staff conducts an exit conference with an agency owner, administrator, or administrator's designee. During an exit conference, Authority staff shall: (a) Inform the agency owner, administrator or administrator's designee of the preliminary findings of the inspection; and (b) Give the owner, administrator or administrator's designee a reasonable opportunity to submit additional facts or other information to the surveyor in response to those findings. (8) Following a survey, Authority staff shall prepare and provide the agency owner or administrator specific and timely written notice of the findings. (9) If the findings result in a referral to another regulatory agency, Authority staff shall submit the applicable information to that referral agency for its review and determination of appropriate action. (10) If no deficiencies are found during a survey, the Authority shall issue written findings to the agency owner or administrator indicating that fact. (11) If deficiencies are found, the Authority shall take informal or formal enforcement action in accordance with OAR 333-536-0117 or 333-536-0120. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0042 Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation as to the care or services provided by an agency or violations of in-home care agency laws or regulations. (2) The identity of a person making a complaint and any personally identifiable information, as that is defined in ORS 432.005, is confidential and not subject to disclosure under ORS 192.311 to 192.478. (3) Upon conclusion of an investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client of an agency. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an agency. (4) An employee with knowledge of a violation of law or rules of the Authority shall use the reporting procedures established by an agency before notifying the Authority or other state agency of the inappropriate care or violation, unless the employee: (a) Believes a client’s health or safety is in immediate jeopardy; or (b) Files a complaint in accordance with section (1) of this rule. (5) If a complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Authority shall refer the matter to that agency. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315, 443.340 & 443.355 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0043 Investigations (1) An unannounced complaint investigation shall be carried out as soon as practicable and may include, but is not limited to: (a) Interviews of the complainant, caregivers, clients, a client’s representative, a client’s family members, witnesses, and agency management and staff; (b) On-site observations of the client(s), staff performance, client environment; and (c) Review of documents and records. (2) Should the complaint allegation represent an immediate threat to the health or safety of a client, the Authority shall notify appropriate authorities to ensure a client's safety, and an investigation shall be commenced within two working days. (3) An agency shall permit Authority staff access to the agency during an investigation. (4) An agency shall cooperate with investigations of allegations of client abuse and neglect conducted by the ODHS- Adult Protective Services, ODHS-Child Protective Services, Authority, or other agencies such as law enforcement. (5) Information obtained by the Authority during an investigation of a complaint or reported violation is confidential and not subject to public disclosure under ORS 192.410 through 192.505. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any client at the agency. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an agency and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.315 & 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12
333-536-0051 Policies and Procedures An agency shall develop, implement and enforce written policies and procedures that include, but are not limited to: (1) Administrative operations; (2) Personnel operations, including but not limited to: (a) Requirements for traveling with a client; (b) Reporting requirements if a client's condition changes while traveling outside the geographic service area; (c) Client care practices including personal care services provided; (d) Investigation of any complaint, grievance, adverse event, provision of personal care, medication or treatment error, and allegation of abuse or neglect; (3) Preemployment screening including but not limited to criminal records check requirements and fitness determinations in accordance with OAR 333-536-0093; (4) Client notification requirements including but not limited to: (a) Increase in the cost of service; (b) Deposit and refunds; (c) Cancellation of service; (d) Termination of service; (e) Reimbursement for stolen, broken or misappropriated property or funds; (5) Management of client records including but not limited to access, storage, retention and destruction; (6) Infection control in accordance with OAR 333-536-0082; (7) Medical and non-medical emergency response; (8) Medication reminding, medication assistance and medication administration in accordance with OAR 333-536-0075; (9) Nursing services; and (10) Quality assessment and performance improvement activities. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, adopt filed 06/29/2021, effective 07/01/2021
333-536-0053 Personnel Records The agency shall maintain a personnel record for each caregiver, nursing staff member, and employee which shall include at a minimum the following: (1) Documentation of pre-employment screening including but not limited to application, interview, and reference checks; (2) Documentation that a criminal records check and fitness determination were conducted in accordance with OAR 333-536-0093, if applicable. (a) The agency must ensure that a criminal records check has been conducted on all subject individuals as defined in OAR 333-536-0093. (b) If the screening indicates that a subject individual has been convicted for crimes against an individual or property, the agency shall conduct and document a determination of the individual’s fitness to provide care to clients in accordance with OAR 333-536-0093. (3) Documentation that all caregivers, nursing staff members, and employees satisfy position qualifications, including required licensure; (4) If the caregiver, nursing staff member, or employee has a health-care related license or certificate from Oregon or any other state, evidence that the license is current and the individual has not been the subject of any action that would prevent the individual from providing services to the agency; (5) Current position description signed by the caregiver, nursing staff member, or employee. The position description must clearly identify the job duties based on the highest level of service the caregiver may provide; (6) Evidence of orientation, training, competency evaluations, and ongoing education. The agency shall clearly identify the highest level of service a caregiver may provide including whether the caregiver has been trained for medication services; (7) Evidence whether the caregiver is qualified to provide the highest level of service offered by the agency; (8) Evidence of annual performance evaluation for all agency staff; and (9) Evidence of a valid driver's license with current auto insurance for each individual whose duties include transporting clients in a motor vehicle. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, adopt filed 06/29/2021, effective 07/01/2021
333-536-0060 Clients’ Rights (1) The agency owner, administrator, administrator's designee, or administrator's delegate shall ensure that the agency recognizes and protects the following rights of each client: (a) The right to be treated with dignity and respect; (b) The right to be free from theft, damage, or misuse of one's personal property; (c) The right to be given the informed choice and opportunity to select or refuse service and to accept responsibility for the consequences; (d) The right to be free from neglect of care, verbal, mental, emotional, physical, or sexual abuse; (e) The right to be free from financial exploitation; (f) The right to be free from physical and chemical restraints; (g) The right to voice grievances or complaints regarding services or any other issue without discrimination or reprisal for exercising such rights; (h) The right to be free from discrimination as to race, ethnicity, color, national origin, gender identification, sexual orientation, disability or religion. (i) The right to participate in planning of the services and care to be furnished, any changes in the services and care, the frequency of visits, and cessation of services; (j) The right to have access to his or her client record; (k) The right to have client information and records confidentially maintained by the agency; (L) The right to be advised in writing, before care is initiated, of the charges for the services to be furnished, and the amount of payment that will be required from the client; (m) The right to a written 30-day notice of termination of services by the agency that specifies the reason(s) for the termination with the following exceptions: (A) The right to immediate oral or written notice of termination of services by the agency at the time the agency determines that the safety of its staff or the client cannot be ensured. If oral notice is given, the agency must also subsequently provide the client a written confirmation of the oral notice of termination of services. (B) The right to a written 48-hour notice of termination of services by the agency in the event of non-payment in accordance with the agency's disclosed payment requirements. (2) An agency shall provide each client with a written notice of the client's rights as a part of the disclosure statement, prior to furnishing care to a client. The client’s rights notice shall also include: (a) Procedures for filing a grievance or complaint with the agency; (b) Procedures for filing a grievance or complaint with the Authority, along with the telephone number and contact information of the Authority; and (c) Notice that the Authority has the authority to examine clients’ records as part of the Authority's regulation and evaluation of the agency. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03
333-536-0066 Initial Visit and Monitoring (1) The administrator, administrator's designee, or administrator's delegate must conduct and document: (a) An initial visit at the client's residence within 30 days of the start of care to evaluate compliance by the caregiver(s) with the service plan and to assess the client’s satisfaction. The initial visit must occur between the 7th and 30th day. An initial visit is not required when: (A) A client cancels all service(s) on or before the 30th day; (B) A client is residing in a nursing facility or a hospital; or (C) A client refuses. (D) The agency must document in the client record why an initial visit was not conducted. (b) Quarterly monitoring visits after the initial site visit. Quarterly monitoring visits may occur by phone or by other electronic means at the discretion of the administrator, administrator's designee, or administrator's delegate if one more of the following conditions are met subject to the requirement in section (3) of this rule: (A) Impending discharge from services; (B) Relocation to a facility; (C) When minimal services, such as one shift a month, would cause the client to incur undue financial burden; (D) The client requests that the visit not be in-person; or (E) Due to other circumstances that are justified in chart note(s). (2) The time between in-person monitoring visits may not exceed six-months. (3) Each monitoring visit to observe and report on the client's status must be documented, dated, and signed by the administrator, administrator's designee, or administrator's delegate and the client. The caregiver may be present during the monitoring visit. (4) The administrator, administrator's designee, or administrator's delegate must determine and document during a monitoring visit: (a) Whether appropriate and safe techniques have been used in the provision of care; (b) Whether the service plan has been followed as written; (c) Whether the service plan is meeting the client's needs or needs to be updated; (d) Whether the caregiver(s) has received sufficient training for the client; (e) Whether the client is satisfied with his or her relationship with the caregiver(s); (f) Whether follow-up is necessary for any identified issues or problems; (g) Any adverse events, complaints or grievances involving the client since the last monitoring visit; and (h) Any changes in the client’s health, behavior or environment. (5) The documentation required in section (4) of this rule shall include any narrative comments the client makes during the visit relating to subsection (4)(a) through (h) of this rule. (6) If services are provided in a non-residential setting in accordance with the service plan, monitoring visits shall take place in the same setting that services are provided and must conform to the requirements set forth in this rule. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, adopt filed 06/29/2021, effective 07/01/2021
333-536-0080 Nursing Services (1) An agency providing nursing services must: (a) Be classified as comprehensive; (b) Employ a registered nurse to provide nursing services; (c) Only provide nursing services to a client whose medical condition and health status is stable and predictable; (d) Provide nursing services as requested by a client or a client's representative in accordance with these rules, the applicable administrative rules of the Oregon State Board of Nursing (OAR chapter 851, division 047), and the client's service plan; and (e) Ensure that nursing services are documented in the client's service plan in accordance with OAR 333-536-0065. (2) Teaching and delegation of specific tasks of nursing care to unlicensed persons shall be conducted and documented by the registered nurse as required by Oregon Administrative Rules, chapter 851, division 047. A client’s record shall contain documentation that all requirements within those rules have been met, including but not limited to assessment, instruction, observation, supervision, and re-evaluation. (3) The provision of nursing services as described in this rule shall be documented by the individual(s) providing the service(s) or performing the task(s). The documentation shall include the services(s) or task(s) completed, the date and signature of the individual(s) performing the service(s) or task(s), and shall be maintained in accordance with an agency’s policies and procedures. (4) For all medications and medical treatments managed or administered by an agency under this rule, and for any changes to those medications or medical treatments, a registered nurse shall obtain written or telephone orders from an LIP in accordance with OAR 333-536-0075. Statutory/Other Authority: ORS 443.340 Statutes/Other Implemented: ORS 443.340 History: PH 26-2021, amend filed 06/29/2021, effective 07/01/2021 PH 10-2012, f. 6-26-12, cert. ef. 7-1-12 PH 14-2007, f. 12-19-07, cert. ef. 1-1-08 PH 22-2004, f. & cert. ef. 6-25-04 PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04 OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03