309-045-0320 Temporary rule language in effect until 04/06/2026. Application for Licensure (1) A person, entity or organization that establishes, conducts, or represents itself to the public as an Agency with Choice or as providing a self-directed service delivery model to “individuals” defined in these rules, must be licensed by the Authority. (2) No entity or organization acting may establish, represent, maintain, or operate an Agency with Choice, or provide or agree to provide Agency with Choice services without being duly licensed as such. (3) No entity or person may provide Agency with Choice services or use the term "Agency with Choice" in its advertising, publicity, or any other form of communication unless it holds a current valid license or licenses as an Agency with Choice issued by the Authority. (4) Each applicant must submit an application for a license to operate an Agency with Choice to the Authority, in writing, using the forms required by the Authority. The application is not complete until all information is received by the Authority. Incomplete applications are void 60 days after initial receipt by the Authority. (5) The application must include all required information and documentation as specified by the Authority including, but not limited to: (a) Completed application form in its entirety, with all fields filled out unless the form explicitly indicates a field is optional; (b) Description of the Agency with Choice, all services offered and supports delivered, administrative control, and lines of authority and responsibility from the licensee to the individual level; (c) Identification of any person, including owners and partners, with a financial interest representing 5 percent or more ownership in the applicant. Identification includes the person’s name, role, date of birth, and, where applicable, social security number. For the purposes of this rule, any person with 5 percent or more ownership is presumed to influence the operation of the Agency with Choice, particularly regarding factors affecting care or training, unless they can demonstrate no involvement in the agency’s operations; (d) Identification of any persons with 5 percent or more incident of ownership that has ever been convicted of a crime associated with the operation of a long-term, community-based, or health care facility or agency under federal law or the laws of any state; (e) For an Agency with Choice managed by a Board of Directors, the Authority is required under 42 USC § 405(c)(2)(C)(i) (United States Code), 42 CFR § 455.104 (United States Code of Federal Regulation) and 26 CFR § 301-6109-1 to obtain a social security number and date of birth for each board member. (f) Completed background check request forms for the applicant(s), administrator, and for each person with 5 percent or more incident of ownership, regardless of the person's effect on the operation of the agency; (g) Proof of fiscal responsibility and capacity to prevent fraud, waste and abuse by including an auditor's certified financial statement, and other verifiable documentary evidence of fiscal solvency documenting that the prospective licensee has sufficient resources to operate the agency for 90 days. Proof of fiscal responsibility must include liquid assets sufficient to operate the agency for 45 days. Anticipated Medicaid income is not considered "liquid assets," but may be considered "financial resources." Liquid assets may be demonstrated by: (A) An available line of credit; (B) A performance bond; or (C) Any other method satisfactory to the Division. (h) Completed Tax Compliance Certification issued by the Oregon Department of Revenue; (i) Current certificate of insurance meeting the minimum requirements outlined in ORS 279A.015(2) ; (j) Comprehensive plan of operation for the Agency with Choice including emergency and continuity of operations plan; (k) All written policies and procedures, that conform with OAR Chapter 410, Division 172 and 173 , including, but not limited to: (A) Agency with Choice operations including an outlined structure of the lines of authority and responsibility from the licensee to the individual, administrative control processes, detailed description of the services provided and how operations and services are designed to empower individuals; (B) Personnel operations including a well-defined process for hiring, training, evaluating, retraining, terminating and managing all Agency with Choice staff; (C) Established guidelines for conducting background checks and verifying the qualifications of potential employees; (D) Individual notification requirements including a detailed procedure for the provision of information to individuals and their authorized representatives of their rights, services provided, and any changes affecting their services; (E) Management of individual records including details for controlling access and providing secure storage; (F) Infection control protocols for preventing and managing infections, including hygiene standards and response to outbreaks; (G) Medical and non-medical emergency response including details on staff responsibilities, communication and documentation; (H) Medication assistance, medication reminding, medication administration and medication management procedures with the guidance of the individual or the individual’s authorized representative and oversight of medication; (I) Emergency preparedness including a comprehensive emergency preparedness plan which includes response strategies for both natural and man-made disasters and emergencies. (l) Copy of the Agency with Choice’s written disclosure statement; (m) Copy of the Agency with Choice’s nondiscrimination notice; (n) A signed labor peace agreement; (o) Proof of worker’s compensation insurance coverage; (p) Proof of minimum liability insurance coverage; and (q) Application form signed and dated by the applicant's legally authorized representative. (6) Applicants must be free of incident of ownership history in any agency, facility, or business that failed to reimburse any state for Medicaid overpayments or civil penalties within the past five years. (7) Applicants must be free of incident of ownership history in any agency, facility, or business that failed to compensate employees or pay worker's compensation, utilities, or other costs necessary for agency operation within the past five years. (8) Applicants must be free of incident of ownership history in any agency, facility or home in any state that had its license or certification involuntarily suspended or terminated or voluntarily terminated during any state or federal sanction process within the past five years. (9) Applicants must be free of any incident of Medicaid fraud in any state, United States territory or the District of Columbia within the past 25 years. (10) Applicants must not be on the US Office of Inspector General’s or the US General Services Administration System for Award Management exclusion lists. (11) Applicants must not have unlawfully discriminated against an employee in the payment of wages. 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