justicedao/ipfs_state_laws huggingface dataset:
309-045-0370 Temporary rule language in effect until 04/06/2026. Financial Transparency and Reporting Requirements (1) The Agency with Choice must ensure that: (a) No less than 85 percent of the rate paid to the Agency with Choice is spent on total compensation for direct support workers who furnish those services. For the purpose of these rules, total compensation includes wages and benefits including, but not limited to, health insurance, retirement plans, life and disability insurance, paid time off, mileage, employer employment taxes, employee employment taxes, employee initial and ongoing training requirements, background check costs and workers compensation ; and (b) The amount for administration, supervision and overhead may not exceed 15 percent of the rate paid to the Agency with Choice by the Authority. (2) Any rate increase provided by the Authority requires the Agency with Choice to maintain the 85 percent direct support worker compensation and benefits threshold. (3) The Agency with Choice must ensure that any rate increase intended to improve direct support workers’ compensation must be fully passed on to direct support worker compensation and benefits. (4) The Agency with Choice must file detailed cost reports annually with the Authority based on the Agency with Choice’s reporting period for the period ending each June 30th. The Agency with Choice must submit the cost report no later than October 31st of each year. (5) The required cost report details include the following Agency with Choice expenditures: (a) Average hourly wage provided to direct support workers; (b) Total costs of direct support worker wages and the hours provided to Individuals; (c) Total costs of direct support worker benefits including the types of benefits offered; (d) Total costs for overtime of direct support workers, the percentage of direct support workers receiving overtime, and the average number of overtime hours worked per week; (e) Total costs for mileage reimbursement to direct support workers; (f) Supervisor and trainer wages, benefits and other expenses; (g) Administrative costs and hours including CEO compensation; and (h) Other overhead including, but not limited to, details on building, information technology and corporate costs. 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
309-045-0400 Temporary rule language in effect until 04/06/2026. Complaints, Grievance and Incidents (1) The licensee, administrator and employees are mandatory reporters and must immediately report known or suspected abuse, including physical injury of unknown cause or events overheard or witnessed by observation, to the ODHS SAFE line (1-855-503-SAFE (7233)), IQA service coordinator or local law enforcement. (2) The licensee, administrator and employees must call the local law enforcement agency first when the suspected abuse is believed to be a crime (e.g., rape, murder, assault, burglary, kidnapping, theft of controlled substances). (3) The Agency with Choice must immediately report all critical incidents and violations of individual’s rights to the Division. (4) The Agency with Choice must maintain documentation of all complaints, grievances, incident, critical incident and abuse allegations received. (5) The Agency with Choice must conduct and internal investigation of all complaints, grievances, incidents and critical incidents, and allegations of abuse upon receipt of the protective services investigation report. (6) The Agency with Choice must document all internal investigations related to complaints, grievance, incidents, critical incidents and abuse allegations. (7) Complaint, grievance, incidents and abuse allegations documentation must be maintained in a separate file from the individual and personnel records and must include: (a) Description of the allegation or complaint; (b) Who was interviewed, and the information provided; (c) Results of the investigation; and (d) Actions taken, including ongoing monitoring if applicable. (8) The licensee must provide a quarterly report of grievances, complaints and critical incidents to the contract administration. 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
309-045-0410 Temporary rule language in effect until 04/06/2026. Emergency and Continuity of Operations Planning (1) Each Agency with Choice must establish and maintain, as part of their application, an emergency and continuity of operations plan to ensure the stability of its administrative functions and continuity of essential business operations during emergent events or disasters. (2) The plan must prioritize: (a) Securing a location to perform business functions, if necessary; (b) Ensuring availability of personnel; (c) Emergency procedures; (d) Preserving information technology systems, including EVV systems, essential for uninterrupted service delivery; and (e) Individual safety planning, which is managed by service coordinators for each individual receiving Medicaid benefits. (3) The Agency with Choice is responsible for ensuring the continuity of its business and administrative functions. Safety planning specific to individuals, including emergency preparedness and health-related needs, must be coordinated by the assigned service coordinator as part of the individual’s person-centered service plan. (a) The Agency with Choice must ensure service coordinators have current contact information for direct support workers and Agency with Choice management; and (b) The Agency with Choice must always have access to relevant emergency information for effective coordination with administrative staff during emergencies. (4) The emergency and continuity of operations plan must be reviewed and updated when significant changes occur, such as updates in technology, staffing, or business location. All updates must be: (a) Documented in writing and available to staff in an easily accessible location; and (b) Distributed to all staff to ensure awareness and familiarity with current protocols. 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
309-045-0420 Temporary rule language in effect until 04/06/2026. Background Checks (1) An Agency with Choice must submit a background check request for each subject individual to the Background Check Unit (BCU) prior to allowing the subject individual to work. A subject individual must not begin work until a final determination has been issued by BCU. Preliminary approvals are not permitted under these rules. (2) The Agency with Choice must comply with OAR Chapter 943, Division 007 and OAR 407-007-0200 to 407-007-0370 for all subject individuals, as applicable (3) The Agency with Choice must maintain documentation of the fitness determination in the subject individual's personnel record. (4) An Agency with Choice must perform and document a query of the U.S. Department of Health & Human Services Office of Inspector General List of Excluded Individuals and Entities. (5) An Agency with Choice must ensure that a background check is performed on all subject individuals every two years from the date of the subject individual’s last background check in accordance with OAR 407-007-0220 . (6) Any cost for a nationwide background check shall be the responsibility of the Agency with Choice and must not exceed the cost charged to the Department. (7) All subject individuals must notify the Agency with Choice within 24 hours of any potentially disqualifying crime under OAR 407-007-0281 or potentially disqualifying condition under OAR 407-007-0290 . (8) Upon notification of a potentially disqualifying crime or condition, the Agency with Choice must submit a new background check for the subject individual to BCU with the new information. (9) An Agency with Choice must not use public funds to support a subject individual convicted of a disqualifying crime. 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
309-045-0440 Temporary rule language in effect until 04/06/2026. Direct Support Worker Qualifications (1) The services provided by an Agency with Choice must be rendered by qualified and trained employees under the supervision of the licensee, administrator, or administrator's designee. (2) Direct support workers must receive all required training and additional training necessary to ensure the direct support worker can competently provide the level of care they will be assigned. The services must be provided as requested by the individual or individual’s authorized representative in accordance with these rules and the person-centered service plan. (3) The Agency with Choice must ensure that it has qualified and trained employees sufficient in number to meet the needs of all individuals receiving services. (4) Direct support workers must be at least 18 years of age and must have sufficient communication and language skills to enable them to perform their duties and interact effectively with individuals and other Agency with Choice staff. (5) Direct support workers who have been substantiated for abuse or Medicaid fraud as a provider from any care setting in the United States may not be hired, nor retained as an employee of the Agency with Choice as prescribed as Medicaid regulations. (6) A direct support worker cannot be an authorized representative for an individual for whom they provide 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
309-045-0460 Temporary rule language in effect until 04/06/2026. Personnel Records (1) The Agency with Choice must maintain a personnel record for each direct support worker and employee. (2) Each record at minimum must include the following: (a) Current position description signed by the direct support worker or employee. The position description must clearly identify the job duties; (b) Documentation verifying if the employee has been found to have committed abuse; (c) Evidence of an approved fitness determination; (d) Evidence of orientation, training, competency evaluations, and continuing education; (e) An Agency with Choice must maintain sufficient information and documentation to demonstrate that the person(s) or entity providing the training under this rule is a qualified training entity or qualified trainer. (f) If the direct support worker or employee has a health-care related license or certificate from Oregon or any other state, evidence the license or certificate is current and the person has not been the subject of any action that would prevent the individual from providing Agency with Choice services; (g) Evidence if the direct support worker is trained on all personal care services they will perform by the Agency with Choice; (h) Evidence of any evaluations of a direct support worker including evaluations involving the individual or individual’s authorized representative; and (i) Evidence of a valid driver's license with current auto insurance for all personnel whose duties include transporting individuals in a motor vehicle. (3) Personnel records must be safely and securely stored and readily available. (4) Personnel records must be maintained for a minimum of seven years from end of employment. 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
309-045-0470 Temporary rule language in effect until 04/06/2026. Admissions (1) An Agency with Choice must not deny services or otherwise discriminate against an individual on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, source of income, duration of Oregon residence, or other protected classes under Federal and Oregon Civil Rights laws. (2) Agency with Choice services must be provided in accordance with the individual’s authorized person-centered service plan. (3) Services described in this rule must be primarily provided at the individual's residence. Services may be rendered at non-residence locations, such as out of state. as specified in the individual's person-centered service plan. (4) An Agency with Choice must evaluate whether an individual can continue to self-direct at a minimum of every 90 days. If it is determined that an individual can no longer self-direct, the Agency with Choice must contact the individual’s service coordinator for assessment and placement services without delay. (5) When an individual is accepted to receive services, a written disclosure statement must be signed by the individual or the individual’s authorized representative. Evidence that the disclosure statement was given to the individual or the individual’s authorized representative must be incorporated into the individual’s record. 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
309-045-0510 Temporary rule language in effect until 04/06/2026. Medication Services and Treatments (1) Medication services include those supports provided as part of the Instrumental Activities of Daily Living as outlined in OAR 410-172-0780 including: (a) Shopping for prescribed medication (b) Medication assistance including helping an individual with oral medications prescribed for the individual by a licensed medical professional, which are ordinarily self-administered as described below: (A) Administering medication; (B) Supervision or cueing to ensure the individual is taking medication as prescribed; (C) Documenting and monitoring any notable side effects; (D) Refilling prescriptions; and (E) Assisting with use, maintenance and cleaning of in-home medical equipment authorized by a licensed medical professional, monitoring the individual’s condition, ordering and maintaining necessary supplies. Use, maintenance and cleaning of in-home medical equipment must be performed by the direct support worker in compliance with manufacturer’s guidelines. The direct support work must have received training, and when applicable education from an RN, in how to correctly perform these tasks, prior to performing these tasks. (2) Taks requiring nursing judgment or intervention must follow delegated nursing requirements as specified in OAR 851-047 . 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
309-045-0520 Temporary rule language in effect until 04/06/2026. Initial Visit and Monitoring (1) The Agency with Choice must conduct a review of the individuals plan with the individual or the individual’s authorized representative at least every six months to ensure it continues to meet the individual’s needs. Monitoring contacts may occur by phone or by other electronic means determined jointly with the Individual, or their Authorized Representative. Monitoring contacts may not be conducted by a direct support worker. (2) The Agency with Choice must conduct at least one in-home visit with the individual every 12 months, at a time determined jointly with the Individual or the Authorized Representative. Visits must be documented, dated and signed in the individual’s record. The annual in-home visit replaces the need for a six-month monitoring visit. The in-home visit may not be conducted by a direct support Worker. (3) An Agency with Choice that supports individuals with medication reminders or medication assistance must ensure these services are tailored to the individual’s needs and delivered in a manner that respects the individual’s abilities. (4) Each contact and visit must be documented, dated, and signed by the Agency with Choice representative who conducted the visit or contact. The contacts and in-home visit should document the Individual’s level of satisfaction with their services, any concerns or support they need to continue to self-direct their 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
309-045-0530 Temporary rule language in effect until 04/06/2026. Quality Assurance and Performance Improvement (1) An Agency with Choice must establish and maintain an effective quality assurance and performance improvement program that evaluates and monitors the quality, safety, and retention of direct support workers, and appropriateness of services provided by the Agency with Choice, and must include at a minimum: (a) A method to identify, analyze and correct critical incidents, issues with infection control and other aspects of performance relating to services provided; (b) A method to identify, and track quality indicators by high risk, high volume, problem prone areas and by the effect on Individual safety and quality of the services received; (c) A method to ensure services provided by the Agency with Choice are self-directed by the individual and honor the individual’s needs and preferences; and (d) A method to analyze of workforce trends, proactive responses to identified challenges, address systemic issues, such as like high turnover among direct support workers. (2) After an analysis of the causes for any issues identified in section (1) of this rule, develop and implement a performance improvement program to ensure staff are trained in and familiar with any identified quality improvement activities. (3) The improvement activities must be reviewed by a committee comprised of, at a minimum, Agency with Choice administrative staff, direct support workers, and at least one individual receiving Agency with Choice services. (4) Quality improvement activities must be conducted and documented at least quarterly. All reports of the quality assurance system and performance improvement must be submitted to the Authority. 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
309-045-0550 Temporary rule language in effect until 04/06/2026. Complaints (1) Any person who believes these rules have been violated may file a complaint verbally or in writing to the Division. (2) The Agency with Choice must not interfere with a good faith disclosure of information by an employee or volunteer concerning violation(s) of laws or rules. (3) The licensee and administrator must ensure any complainant, witness, or employee of an Agency with Choice is not subjected to retaliation by any Agency with Choice employee, or any Agency with Choice employee’s family or friends, for making a report, being interviewed about a complaint, or being a witness, including, but not limited to, restriction of access to the individual or, if an employee, dismissal or harassment. (4) The identity of a person making a complaint and any personally identifiable information is confidential and not subject to disclosure. Complainant information can only be disclosed by court order. (5) The Agency with Choice must cooperate with the Authority in all complaint investigations. (6) If the complaint allegation represents an immediate threat to the health or safety of an individual, the Division must notify the appropriate agencies and authorities to ensure the health and safety of those involved. (7) 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 Division must refer the matter to the agency having jurisdiction. (8) Upon conclusion of an investigation of a complaint, the Division may publicly release a report of its findings. Publicly released reports must not disclose the identity of the complainant, witness, or any individual associated with an Agency with Choice. (9) The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an Agency with Choice. (10) Any Agency with Choice employee who becomes aware of a violation of a law or these rules must immediately report it to the Authority. 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
309-045-0580 Temporary rule language in effect until 04/06/2026. Civil Penalties (1) An Agency with Choice that violates Agency with Choice rules, an administrative order, or settlement agreement, is subject to the imposition of a civil penalty not to exceed $1,000 per violation and must not total more than $2,000. (2) An individual or entity who operates an Agency with Choice without a license is subject to the imposition of a civil penalty not to exceed $1,000 a day per violation. (3) An Agency with Choice that fails to comply with the Division is subject to the imposition of a civil penalty. Failure to comply includes, but not limited to: (a) Failure to provide a written disclosure statement to the individual or the individual’s authorized representative prior to Agency with Choice services being rendered; (b) Failure to provide the contracted Agency with Choice services; (c) Failure to correct deficiencies identified during an inspection or investigation; or (d) Refusal to allow access and inspection. (4) In determining the amount of a civil penalty, the Division must consider whether: (a) The Division made repeated attempts to obtain compliance; (b) The licensee has a history of non-compliance with Agency with Choice licensing rules; (c) The violation poses a serious risk to an individual’s health; and (d) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance. (5) The Division must document its consideration of the factors in section (4) of this rule. (6) Each day a violation continues is an additional violation. (7) A civil penalty imposed under this rule must comply with ORS 183.746 . 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