Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 375 - INDEPENDENT PROVIDERS DELIVERING DEVELOPMENTAL DISABILITIES SERVICES › Section 411-375-0020 - Qualifications, Exclusions, and Enrollment Responsibilities for Independent Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 QUALIFICATIONS. An independent provider who is qualified to provide services
			 must meet the following requirements:
(a) Be
			 at least 18 years of age.
(b) Have
			 approval to work based on a background check and final fitness determination
			 completed by the Department as described in OAR
			 407-007-0200 through
			 407-007-0370 and section (3) of
			 this rule.
(c) Not have been
			 convicted of any of the disqualifying crimes listed in ORS
			 443.004, unless hired or
			 contracted with prior to July 28, 2009 and remaining in the original position
			 for which the independent provider was hired or contracted.
(d) Be legally eligible to work in the United
			 States.
(e) Demonstrate by
			 background, education, references, skills, and abilities, the independent
			 provider is capable of safely and adequately performing the tasks specified in
			 an ISP or Service Agreement, with such demonstration of the following confirmed
			 in writing by the individual, or as applicable their legal or designated
			 representative:
(A) Ability and sufficient
			 education to follow oral and written instructions and keep any required
			 records.
(B) Possess the physical
			 health, mental health, good judgment, and good personal character determined
			 necessary to deliver services.
(C)
			 Ability to communicate with the individual.
(D) Training of a nature and type sufficient
			 to ensure the independent provider has knowledge of emergency procedures
			 specific to the individual.
(f) Maintain confidentiality and safeguard
			 individual information. An independent provider may not share any personal
			 information about the individual, including medical, social service, financial,
			 public assistance, legal, or other personal details, unless given specific
			 permission by the individual or as applicable their legal
			 representative.
(g) Not be on the
			 list of excluded or debarred providers maintained by the Office of the
			 Inspector General (
http://exclusions.oig.hhs.gov/
).
(h) Complete and submit a Provider Enrollment
			 Agreement to the Department and possess a current provider number issued by the
			 Department. A Provider Enrollment Agreement must be renewed 70 calendar days
			 prior to the end date of the current Provider Enrollment Agreement unless the
			 provider enrollment is terminated or inactivated by the Department.
(i) Have a Taxpayer Identification Number or
			 Social Security number that matches the legal name of the independent provider
			 as verified by the Internal Revenue Service or Social Security
			 Administration.
(j) Possess a
			 current and unencumbered license if providing services requiring specific
			 professional education, training, and skill. The individual, or as applicable
			 their designated or legal representative or the case management entity, must
			 check the status of the professional license to verify the license is current
			 and unencumbered.
(k) If
			 transporting an individual, have a valid driver's license and proof of
			 insurance, as well as any other license or certification required under state
			 and local law depending on the nature and scope of the transportation. Copies
			 of a valid driver's license and proof of insurance, as well as any other
			 license or certification (if applicable), must be provided to a case management
			 entity upon authorization of community transportation and as
			 requested.
(l) Additional
			 qualifications required by applicable program rules relevant to the services
			 being delivered.
(m) Personal
			 support workers must complete mandatory training and competency evaluation
			 requirements outlined in OAR chapter 418, division 020.