justicedao/ipfs_state_laws huggingface dataset:
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 that go from floor to ceiling and a door that opens directly to a hallway or common use room without passage through another bedroom or unit or common bathroom; be adequately ventilated, heated and lighted with at least one operable window that meets the requirements of Section R310 of the Oregon Residential Specialty Code; have at least 70 square feet of usable floor space for each resident or 120 square feet for two residents and have no more than two residents per room; (b) Providers, resident managers, or their family members may not sleep in areas designated as living areas, or share bedrooms or units with residents; (c) There must be an individual bed for each resident consisting of a mattress in good condition and springs at least 36 inches wide. Cots, rollaway, bunks, trundles, couches, and folding beds may not be used for residents. Each bed must have clean bedding in good condition consisting of a bedspread, mattress pad, two sheets, a pillow, a pillowcase, and blankets adequate for the weather. Sheets and pillowcases must be laundered at least weekly, and more often if necessary. Waterproof mattress covers must be used for incontinent residents. Day care individuals may not use resident beds; (d) Each unit must have sufficient separate, private dresser and closet space for each resident’s clothing and personal effects, including hygiene and grooming supplies. Residents must be allowed to keep and use reasonable amounts of personal belongings and to have private, secure storage space. Drapes or shades for windows must be in good condition and provider privacy for residents; (e) Units must be on ground level for residents who are non-ambulatory or have impaired mobility; (f) Units must be in close enough proximity to the provider to alert the provider to night time needs or emergencies or be equipped with a call bell or intercom. (2) Each resident must be assisted in obtaining personal hygiene items in accordance with resident needs. Items must be stored in a clean and sanitary manner and may be purchased with the resident’s personal allowance. Personal hygiene items include, but are not limited to, a comb or hairbrush, a toothbrush, toothpaste, menstrual supplies (if needed), and washcloths. (3) Sufficient supplies of soap, shampoo, toilet paper, and towels for all residents must be provided. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 MHD 3-2005, f. & cert. ef. 4-1-05
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. The purpose of the conference is to discuss the violations stated in the notice of violation and to provide information to the provider to assist the provider in complying with the requirements of the rules. The written request by a provider or the Division for a conference may not extend any previously established time limit for correction. (2) The provider must notify the Division of correction of violations in writing no later than the date specified in the notice of violation. (3) If, after inspection of the AFH, if the Division determines that the violations have not been corrected by the date specified in the notice of violation or if the Division has not received a report of compliance, the Division may institute one or more of the following actions: (a) Imposition of an administrative sanction that may include revocation, suspension, or refusal to renew a license as deemed appropriate by the Division; (b) Placement of conditions on the license as deemed appropriate by the Division; or (c) Filing of a criminal complaint. (4) If a resident is in serious and immediate danger, the Division may institute one or more of the following actions: (a) If there is reliable evidence of abuse, neglect or exploitation, the license may be immediately suspended or revoked and arrangements made to move the resident pursuant to OAR 309-040-0425. (b) The Division may order the removal of the resident pursuant to OAR 309-040-0425; or (c) Placement of conditions on the license as deemed appropriate by the Division. Statutory/Other Authority: ORS 413.042 & ORS 443.745 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 BHS 6-2018, amend filed 03/21/2018, effective 03/30/2018 MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0070, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85
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, suspension, non-renewal, or revocation of a license. (3) If the Division imposes an administrative sanction, the Division must serve a notice of administrative sanction upon the provider personally or by certified mail. (4) The notice of administrative sanction must state the following: (a) Each sanction imposed; (b) A short and plain statement of each circumstance, act, or omission that constitutes non compliance with the applicable rules; (c) Each statute or rule allegedly violated; (d) A statement of the provider’s right to a contested case hearing; (e) A statement of the authority and jurisdiction under which the hearing is to be held; (f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and (g) A statement that the notice becomes a final order upon default if the provider fails to request a hearing within the specified time. (5) All hearings are conducted in accordance with ORS 183. (6) The provider must comply with any final order of the Division. Statutory/Other Authority: ORS 413.042 & ORS 443.745 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 BHS 6-2018, amend filed 03/21/2018, effective 03/30/2018 MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0075, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85
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 residents in order to interview residents privately or to review records; or (c) State and local fire inspector access to the AFH regarding fire safety. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0095, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85
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 the provider is failing to deliver any service as agreed to in the RCP; or (c) When funding, laws, regulations, or the Division or CMHP priorities change such that funding is no longer available, redirected to other purposes, or reduced; (d) The individual's service needs change; (e) The individual is absent without providing notice to the provider for five or more consecutive days; (f) The individual is determined to be ineligible for services; (g) The individual moves, with or without notice, from the AFH; the provider shall be paid only through the last day of the individual's occupancy. (2) The Division or CMHP is under no obligation to maintain the AFH at its licensed capacity or to provide payments to potential providers. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 MHD 3-2005, f. & cert. ef. 4-1-05, Renumbered from 309-040-0057 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92, Renumbered from 309-040-0055(3)(a)-(c) MHD 6-1986, f. & cert. ef. 7-2-86 MHD 19-1985(Temp), f. & cert. ef. 12-27-85
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 reasonable time for placement of residents in other facilities has been allowed, and such placement has not been accomplished. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0099, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)
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 substantial compliance with ORS 443.705 to 443.825 or these rules. (2) The Division must suspend a license upon written notice from the Oregon Department of Revenue in accordance with ORS 305.385, and after notice to the provider and an administrative hearing if requested. (3) If a license is suspended, the Division may arrange for a resident to move for their protection. (4) The provider may request an administrative review of the decision to immediately suspend a license by submitting a request in writing, within 10 calendar days from the date the notice and order of suspension was mailed or served upon the provider. (a) Within 10 calendar days after receipt of the provider’s request for a review, the Division must review all material relating to the allegation of abuse, neglect, or exploitation and to the suspension, including any written documentation submitted by the provider within that time frame; and (b) The Division must determine, based on a review of the material, whether to sustain the decision. If the Division does not sustain the decision, the suspension must be rescinded immediately. The decision of the Department is subject to a contested case hearing under ORS 183 if requested within 90 calendar days. (4) The provider may request a contested case hearing in writing within 90 calendar days after the date the notice was personally served or mailed. If the provider fails to request a hearing in writing, or the request is not timely, the notice will become a final order of the Division by default. (5) In addition to, or in-lieu of, a contested case hearing, a licensee may request an informal conference with the Division to discuss the administrative action. The informal conference does not diminish the licensee’s right to a hearing. A request for informal conference does not delay, extend, or otherwise affect the 90 days allowed to request a hearing. Statutory/Other Authority: ORS 413.042 & 443.745 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, adopt filed 02/28/2025, effective 03/01/2025
309-045-0300 Temporary rule language in effect until 04/06/2026. Agency with Choice Program 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 adults with behavioral health conditions. These rules ensure Agencies with Choice provide self-directed services to maximize independence, empowerment, dignity, and human potential through the provision of flexible, efficient, and person-centered services enabling the individual to move into or continue to live in their own home. Statutory/Other Authority: Oregon Law 2024, Chapter 37, ORS 413.042 & 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
309-045-0330 Temporary rule language in effect until 04/06/2026. Standards for Initial Licensure (1) The Division must conduct an evaluation of each Agency with Choice application and issue a license to successful applicants prior to services being rendered. (2) Prior to issuance of a license, the applicant must demonstrate to the satisfaction of the Division that the applicant: (a) Possesses sufficient experience, skills and knowledge to operate an Agency with Choice; (b) Has the ability to meet the needs and provide appropriate care to individuals in their own homes; and (c) Can provide services in a manner consistent with the requirements of these rules. (d) Is in substantial compliance with these rules; (3) The Division must evaluate the background, performance, and operational history of each applicant and each person with a controlling ownership interest, including repeat sanctions and rule violations, when determining whether to issue a license. (4) When an application for initial licensure is made by an applicant who owns or operates other licensed agencies, facilities or homes in Oregon, the Division may deny the license if the applicant's existing agency, facility or home is not currently, or has not been, in substantial compliance with the Oregon Administrative Rules. (5) If an applicant fails to provide complete, accurate, and truthful information during the application and licensing process, the Division may deny the license. (6) Any applicant or person with a controlling interest in an Agency with Choice is considered responsible for acts occurring during, and relating to, the operation of such Agency with Choice for the purpose of licensing. (7) The Division must notify an applicant in writing if a license application is approved. (8) A license will be issued only for an Agency with Choice and owner or entity in the application. (9) A license is not transferable and does not apply to any location, person, or agency other than the location, person, and agency indicated on the license. (10) A license is valid for two years unless revoked or suspended by the Division. (11) The license must be prominently displayed in an area that is visible to the public. (12) An Agency with Choice that plans to change of ownership at any time other than biennial renewal must submit the information in writing on a form approved by the Division as specified in Oregon Law 2024, Chapter 37 , prior to the change of ownership. (13) No Agency with Choice may use the term “in-home care agency” in its advertising, publicity, or any other form of communication unless it holds a current valid license under OAR chapter 333 division 536 as an in-home care agency issued by the Authority. Statutory/Other Authority: Oregon Law 2024, Chapter 37, ORS 413.042 & 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
309-045-0340 Temporary rule language in effect until 04/06/2026. Standards for License Renewal (1) A full and complete application for license renewal must be submitted to the Division at least 90 days prior to the expiration date of the existing license. Filing of an application for renewal before the date of expiration extends the effective date of expiration until the Authority act upon such application. (2) An application for a renewed license to operate an Agency with Choice must be submitted to the Division using the forms required by the Division. The application is not complete until all information is received by the Division. Incomplete applications are void 60 days after initial receipt by the Division. (3) The application form must be signed and dated by the applicant's legally authorized representative and contain all information requested by the Division. (4) If the renewal application is not submitted prior to the expiration date of a license, the Agency with Choice is unlicensed and subject to the civil penalties described in in these rules and must immediately cease providing services to individuals. (5) The Division will conduct an inspection of an Agency with Choice prior to the renewal of a license. This inspection must be conducted 60-90 days prior to expiration of the license to assess compliance with these rules. (6) Prior to issuance of a license renewal, the applicant must demonstrate to the satisfaction of the Division the applicant has met compliance and continues to have the ability to meet the needs and provide appropriate care to individuals in their own homes and can provide services in a manner consistent with the requirements of these rules. (7) The Division must evaluate the background, performance, and operating history of each applicant and each person with a controlling ownership interest, including repeat sanctions and rule violations, when determining whether to issue a license. (8) When an application for license renewal is made by an applicant who owns or operates other licensed agencies, homes, or facilities in Oregon, the Division may deny the license if the applicant's existing agency, home, or facility is not currently, or has not been, in substantial compliance with the Oregon Administrative Rules. (9) If an applicant fails to provide complete, accurate, and truthful information during the application and licensing process, or during any planned or unplanned surveys, the Division may deny or place conditions on the license. (10) The Division will not renew a license if the Agency with Choice is not in substantial compliance with these rules. 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
309-045-0350 Temporary rule language in effect until 04/06/2026. Provider Enrollment (1) An Agency with Choice must be enrolled with the Authority as a Medicaid provider to be eligible to receive Medicaid payment. Medicaid providers of behavioral health services must possess a current and valid license to provide services. (2) An Agency with Choice must provide services within the scope of professional standards and practice defined by these rules. (3) An Agency with Choice must meet all requirements in OAR 410-120-1260 (Medical Assistance Programs Provider Enrollment), OAR 943-120-0310 (Provider Requirements), and OAR 943-120-0320 (Provider Enrollment). (4) Agency with Choice applicants, licensees, and owners must not be included on the United States Office of Inspector General or System for Award Management exclusion lists. 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
309-045-0360 Temporary rule language in effect until 04/06/2026. Reporting and Billing Requirements (1) To receive Medicaid reimbursement for service, the Agency with Choice must utilize an Authority approved electronic visit verification (EVV) system as specified in OAR 410-172-0776 to verify the following details at the time of service for visits conducted as part of personal care services: (a) Date of service; (b) Start and end time; (c) Type of service; (d) Location of service; (e) Name of Direct Support Worker providing the service; (f) Name of the individual receiving services. (2) Information contained in the record must be appropriate in quality and quantity to meet the professional standards applicable to the provider and any other standards for documentation including, but not limited to, OAR 410-120-1360 , OAR 410-172-0620 and OAR 410-173-0045 . (3) The IQA must authorize reimbursement to the Agency with Choice for the service hours provided based on the individual's approved person-centered service plan for all individuals requiring behavioral health services. (4) All Agency with Choice providers must use the Medicaid Management Information System (MMIS) to submit claims for reimbursement of Medicaid authorized services. All claims must be submitted no later than 12 months from the date of service. Claims submitted after 12 months from the date of service will not be eligible for reimbursement in accordance with 42 CFR §424.44 . (5) The Agency with Choice must withhold, file and pay income taxes and all employment-related taxes, including but not limited to, workers’ compensation premiums and unemployment taxes. The Agency with Choice must also verify the qualifications of each Direct Support Worker as required by Oregon and Federal laws. (6) The Agency with Choice must comply with OAR 410-120-1510 , OAR 461-195-0601 and the requirements therein for prompt reporting of fraud, waste and abuse in the Medicaid program. Information on how to report can be found online at all times: https://www.oregon.gov/oha/FOD/PIAU/Pages/Report-Fraud.aspx . (7) The Agency with Choice must provide a copy of all information and documents as requested by the Authority. (8) The Agency with Choice must cooperate with all review activities required by the Authority including, but not limited to, providing access to records, staff and service documentation related to the delivery of Agency with Choice 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