309-045-0480 Temporary rule language in effect until 04/06/2026. Individual Records (1) An individual record must be developed and maintained for every individual served by an Agency with Choice and must be located in the Agency with Choice’s office. (2) A legible, reproducible individual record which is easily accessible and readily available, must include at least the following: (a) Identification data; (b) Referral information; (c) Start-of-service date; (d) Signed disclosure documents and documentation required by these rules; (e) Signed individuals' rights documentation required by these rules; (f) All individual evaluation and assessment documents; (g) All signed self-directed plans, person-centered service plans and updates; (h) An agreement signed by the individual or the individual’s authorized representative specifying the services to be provided in accordance with the person-centered service plan. The agreement must be signed prior to the start of services; (i) Documentation of all services provided by the direct support worker and observed or reported concerns; (j) Documentation of any decline or change in an individual’s health, behavior, or environment. Documentation must include an evaluation of the individual’s condition as stable and predictable and when the information was reported to the individual’s service coordinator. (k) Service and financial agreement signed by the individual or the individual’s legal representative before the initiation of services that specifies the services to be provided in accordance with the self-directed plan, and the costs for those services; (l) End-of-services date; and (m) End-of-service summary, including the dates of service and the disposition of the individual. (3) All entries and documents in the record must be recorded in ink, typescript, or computer-generated. (4) All entries in the individual's record must be dated and signed, or otherwise authenticated, by the person making the entry. For purposes of this rule, authenticated means verification by the author that an entry in the individual record is genuine. Electronic authentication is acceptable only if there is a process for reconstruction of the information and there are safeguards to prevent unauthorized access to the records. (5) A list of Agency with Choice direct support workers providing services to the individual must be documented in the individual's record. (6) The individual’s record must identify back-up coverage during planned or unplanned absences or emergent circumstances where the primary direct support worker is, or workers are, unavailable. (7) An individual record must be maintained in a manner that renders it easily retrievable. (8) Reasonable precautions must be taken to protect an individual’s record and information from unauthorized access, fire, water, theft, damage or destruction. (9) All individuals' records must be kept for a period of at least seven years after the date of last end-of-service. (10) Authorized employees of the Authority must be permitted to review individual records upon request. Photocopies of the records must be made upon request. (11) If there is a change in the business entity operating the Agency with Choice, all individuals' records must remain in the Agency with Choice. It is the responsibility of the licensee to protect and maintain these records until the new licensee has assumed control. (12) Before an Agency with Choice terminates its business, the Agency with Choice must notify the Authority at least 60 days in advance where the individuals' records will be stored. Copies of all records must be transferred to the Authority prior to the closure of the Agency with Choice. 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