Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 360 - ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-360-0110 - Qualifications for AFH-DD Providers, Resident Managers, and Caregivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PROVIDER
			 QUALIFICATIONS. A provider must:
(a) Meet and
			 maintain the level requirements of the AFH-DD license in accordance with OAR
			 411-360-0070.
(b) Be at least 21 years of age.
(c) Reside in the AFH-DD.
(A) A provider resides in the home when the
			 provider sleeps in the home four nights per week.
(B) A resident manager resides in the AFH-DD
			 when the resident manager sleeps in the same home multiple nights per
			 week.
(d) Provide
			 evidence satisfactory to the Department regarding experience, training,
			 knowledge, interest, and concern in providing care and services to support
			 individuals with intellectual or developmental disabilities. Such evidence may
			 include, but is not limited to, the following:
(A) Certified nurse's aide
			 training;
(B) Nursing home,
			 hospital, or institutional work experience;
(C) Licensed practical nurse or registered
			 nurse training and experience;
(D)
			 Training approved by the Department; or
(E) Experience providing care and services
			 and home management skills to individuals with intellectual or developmental
			 disabilities.
(e)
			 Possess the physical health, mental health, good judgment, and good personal
			 character determined necessary by the Department to deliver 24-hour care and
			 services to support individuals with intellectual or developmental
			 disabilities.
(A) A provider must have a
			 statement from a health care provider, on the applicable Department form,
			 indicating the provider is physically and mentally capable of providing care
			 and services.
(B) A provider with a
			 documented history or substantiated complaint of substance abuse or mental
			 illness must provide evidence satisfactory to the Department of successful
			 treatment and rehabilitation and references regarding current
			 condition.
(f) Have and
			 maintain an approved background check in accordance with section (2) of this
			 rule.
(g) Have no founded report of
			 child abuse or a substantiated abuse allegation.
(h) Have the financial ability and maintain
			 sufficient liquid resources to pay the operating costs of the AFH-DD for at
			 least two months without solely relying on potential income from individuals
			 and room and board payments. If a provider operates more than one AFH-DD, the
			 provider must have the financial ability and maintain sufficient liquid
			 resources to pay the operating costs of all the AFH-DDs for at least two months
			 without solely relying on potential income from individuals and room and board
			 payments.
(A) Upon application, documentation
			 of the following must be provided to the Department, if applicable:
(i) Unsatisfied judgments, liens, and pending
			 lawsuits where a claim for money or property is made against the
			 applicant;
(ii) Bankruptcy filings
			 by the applicant; and
(iii) Unpaid
			 taxes due from the applicant including, but not limited to, property taxes,
			 employment taxes, and state and federal income taxes.
(B) The Department may require or permit an
			 applicant to provide a current credit report to satisfy the financial
			 requirements in this rule.
(C) The
			 Department may not issue an initial license to an applicant who has been
			 adjudged bankrupt more than once.
(D) If an applicant has an unpaid judgment
			 (other than a current judgment for support), pending lawsuit, lien, or unpaid
			 taxes, proof the applicant has the amount of resources necessary to pay the
			 claims must be provided to the Department.
(E) If an applicant is unable to demonstrate
			 the financial ability and resources required by these rules, the Department may
			 require the applicant to furnish a financial guarantee, such as a line of
			 credit or guaranteed loan, as a condition of initial licensure.
(i) Be literate in the English
			 language and demonstrate the ability to comprehend and communicate in English
			 orally and in writing with individuals, licensed health care providers,
			 services coordinators, and others involved in the care of the
			 individuals.
(j) Be able to respond
			 appropriately to emergency situations at all times.
(k) If transporting individuals, have a valid
			 driver's license and vehicle insurance in compliance with the laws of the
			 Department of Motor Vehicles.
(l)
			 Annually review their responsibility as a mandatory reporter. Annual mandatory
			 reporter notification must be documented on the applicable Department
			 forms.
(m) Have a clear
			 understanding of the job responsibilities, knowledge of the individuals' ISPs
			 or Service Agreements, and the ability to provide the care and services
			 specified for each individual.
(n)
			 Not be listed on the Exclusion Lists of the Office of Inspector General or
			 General Services Administration.