309-008-0700 Types of Reviews (1) The Division may conduct the following types of certification reviews: (a) After receipt of a complete application, the Division shall complete a comprehensive audit of the required application documentation and the service delivery locations. The Division may not issue an initial certification without a completed Initial Certification Review; (b) After receipt of a complete application, the Division shall complete a comprehensive audit of the required application documentation and the service delivery locations. For continued certification, Certification Renewal Reviews must occur prior to the expiration of the existing certificate and at least once every three years; (c) The Division may conduct Discretionary Certification Reviews with reasonable notice to ensure compliance with applicable statute, administrative rules, other applicable regulations, and contractual obligations. Discretionary Certification Reviews may be conducted by the Division with or without notice for the following reasons: (A) The Division has reasonable concern the provider may act to alter records or make them unavailable for inspections; (B) The Division received a complaint or information that suggests or alleges conditions or practices that could threaten the health, safety, rights, or welfare of individuals; or (C) The Division has reason to believe a certification review is necessary to ensure a provider is in substantial compliance with these rules, service delivery rules, other applicable administrative rules, contractual obligations, or with conditions placed upon the certificate. (2) If the Division is not permitted access to records or service delivery locations for the purpose of conducting a certification review, the Division may take action on the certificate up to and including the application of conditions, suspension, or revocation. (3) A provider or applicant must permit state or local fire inspectors and state or local health inspectors to enter and inspect the service delivery locations as required by administrative rule, state fire code, or local regulations. (4) At the sole discretion of the Division, the Division may complete a certification review partially or fully via a desk review process. A desk review process is when the Division conducts a certification review based on the provider or applicant’s submission of required documentation and telephonic interviews when the Division does not physically visit the service delivery locations: (a) The Division shall furnish a list of documentation necessary to complete the desk review to the applicant or provider; (b) The applicant or provider must submit all requested documents to the Division in compliance with state and federal privacy and data transmission regulations; (c) The Division may elect to schedule telephone interviews deemed necessary to fulfill the objectives of a certification review; and (d) Upon completion of the desk review, the Division shall securely dispose of documentation containing protected health information submitted by the applicant or provider. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16