309-045-0390 Temporary rule language in effect until 04/06/2026. Policies and Procedures (1) An Agency with Choice must develop, implement and enforce written policies and procedures to direct the operation of the program and the provision of services to individuals that address at a minimum : (a) Mandatory reporting of all allegations of abuse, neglect, or fiscal improprieties to the local CMHP and Division, and actions to be taken in response to the allegation(s); (b) Identifying, analyzing and correcting incide nts and critical incidents; (c) Reporting of all critical incidents, alleged critical incidents or any violations of individual’s rights to the Division; (d) Initiating internal investigations of all complaints, grievances, incidents, and critical incidents, and allegations of abuse upon receipt of the protective services investigation report. Internal investigation includes: (A) Conducting interviews of the alleged victim, witnesses, the accused person, or any other person who may have knowledge of the facts of the abuse allegation or related circumstances; (B) Reviewing evidence relevant to the abuse allegation, other than the initial report; or (C) Any other actions beyond the initial actions of determining if there is reasonable cause to believe that abuse has occurred, if there is reason to believe that a crime has been committed, or any immediate personnel actions necessary to ensure individual safety. (e) Reimbursement for stolen, broken, or misappropriated property or funds; (f) Notifying the individual’s service coordinator of any change in the individual’s health, behavior, environment and related incidents or allegations of abuse; (g) Provision of standardized training to direct support workers and ensuring that direct support workers complete and are current with all training prescribed by theses rule; and (h) Obtaining an approved background check for all staff; (i) Ensuring direct support workers maintain confidentiality of personally identifiable information of the individual and addressing allegations of release of confidential information; (j) Ensuring direct support workers are providing personal care services in accordance with an individual’s person-centered service plan; (k) Requirements for traveling with an individual; (l) Ensuring direct support workers are compliant with electronic visit verification requirements. (m) Individual notification requirements including, but not limited to: (A) Disclosure statement; and (B) Termination of services. (n) Management of individual records including, but not limited to, access, storage, retention, and destruction; (o) Non-discrimination which must include the notice: "(Name of AWC) does not discriminate and does not permit discrimination, including, but not limited to, bullying, Abuse or harassment, based on an Individual’s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status, or based on an Individual’s association with another Individual on account of the other Individual’s actual or perceived sexual orientation, gender identity, gender expression or human immunodeficiency virus status. If you believe you have experienced this kind of discrimination, you may file a Complaint with the Oregon Health Authority at BHD.MH.ComplaintsTA@ohs.oregon.gov .” (p) Infection control; (q) Medical and non-medical emergency response; (r) Medication services including medication reminding, medication assistance, and medication administration; (s) Emergencies and disasters; (t) Nursing services, if applicable; and (u) Quality assessment and performance improvement activities. (2) Agency with Choice personnel policies and practices must comply with all applicable state and federal statutes, rules, and regulations regarding non-discrimination. (3) All policies and procedures must be readily available in the Agency with Choice to all Agency with Choice staff, individuals, individual’s authorized representatives, service coordinators, the Authority and the Centers for Medicare and Medicaid Services. Statutory/Other Authority: ORS 413.042, Oregon Law 2024, Chapter 37 & HB 4129 (2024) Statutes/Other Implemented: Oregon Law 2024, Chapter 37 History: BHS 23-2025, temporary adopt filed 10/09/2025, effective 10/09/2025 through 04/06/2026