reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0520 - Eligible Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Agencies that currently hold a Certificate of Approval for the provision of
			 mental health services as a contractor of OHA, a subcontractor of OHA, or a
			 contractor of a Community Mental Health Program, or a license to provide
			 residential or adult foster care services, are not eligible for the
			 "non-inpatient" certification.
(2)
			 Certification as a non-inpatient mental health provider is not a substitute for
			 the certification and Medicaid provider enrollment processes that are required
			 to render services to individuals enrolled in the Oregon Health Plan, or to
			 individuals whose services are otherwise funded by the State.
(3) Only providers as defined in OAR
			 309-039-0510(10)
			 are eligible for approval under
			 309-039-0500 through
			 309-039-0580. An eligible
			 provider must:
(a) Control the office space,
			 such as by owning, renting or leasing it;
(b) Control the intake to the program and
			 determine which therapist provides assessment and treatment;
(c) Control all clinical records, including
			 storage;
(d) Do all the billing
			 and collect all fees, including deductibles and co-payments;
(e) Pay staff for clinical services provided;
			 and
(f) Display the provider name
			 on the premises so as to be clearly visible to clients.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0530 - Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Request for
			 initial certification or certification renewal shall be submitted to the
			 Division compliant with the process governed by OAR 309-0080100 to
			 309-008-1600. In addition to the
			 requirements set in OAR 309-008 the applicant will include with the application
			 a check or money order in the amount of $600.00 payable to the Division. This
			 application fee shall be non-refundable irrespective of whether the provider is
			 issued a Certificate of Approval.
(a) Any
			 provider submitting an application for initial certification or renewal after
			 the effective date of this rule shall pay the application and certification
			 fees;
(b) The fees shall be
			 increased biennially at the same rate as approved by the Legislative Assembly
			 or the Emergency Board for other services and programs of the Division.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0540 - General Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Each provider is required to meet all applicable standards from
				the following standards:
(1) Specific
			 Staff Qualifications and Compentencies, detailed in OAR
			 309-019-0125; and
(2) Personnel Documentation, Training and
			 Supervision, detailed in OAR
			 309-019-0130.
Stat. Auth.: ORS
				  413.042 &
				  743A.168
Stats. Implemented: ORS
				  743A.160 &
				  743.168
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0560 - Standards for Mental Health Partial Hospitalization and Day Treatment Programs

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to OAR
				309-039-0500 through
				309-039-0540, each provider
				operating a mental health partial hospitalization or day treatment program
				shall comply with the following standards:
(1) Facility standards. The facility shall
			 meet all applicable state and local fire, safety, and health standards.
(2) Treatment standards. Each
			 provider shall provide four hours a day, five days a week, structured treatment
			 activities which address mental health conditions and which includes the
			 following services each week:
(a) Daily group
			 therapy for mental health conditions;
(b) Individual counseling with a primary
			 therapist;
(c) Family therapy, as
			 appropriate to the individual needs of the client;
(d) Psychotropic medication management or
			 monitoring; and
(e) Skills
			 training, vocational training, socialization or structured
			 recreational/physical fitness activities.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0570 - Standards for Mental Health Residential Programs

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to meeting OAR
				309-039-0500 through
				309-039-0540 each provider
				operating a mental health residential program shall meet the following
				standards:
(1) Facility standards.
			 Each provider shall meet OAR
			 309-035-0100 through
			 309-035-0190.
(2) Treatment standards. Each provider shall
			 provide eight hours of structured services out of every 12 hours from 8 a.m. to
			 8 p.m. which, each week, includes:
(a) Daily
			 group therapy which addresses the mental health or nervous condition;
(b) Individual counseling which
			 addresses the mental health or nervous condition with a primary therapist two
			 times per week;
(c) Family
			 therapy, as appropriate to the individual needs of the client;
(d) Psychotropic medication management or
			 monitoring, as appropriate to the individual needs of the client;
(e) One hour per day of structured
			 recreational/physical fitness activities; and
(f) Structured skills training, vocational
			 training, or socialization activities.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0580 - Variance

Current through Register Vol. 63, No. 7, July 1, 2024
A variance to these rules may be requested and granted to a
				provider via the process governed by OAR
				309-008-1600.
Stat. Auth.: ORS
				  413.042 &
				  743A.168
Stats. Implemented: ORS
				  743A.160 &
				  743.168
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0300 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules prescribe care and service standards by which the Health Systems Division
			 (Division) of the Oregon Health Authority (Authority) licenses community-based
			 Adult Foster Homes (AFHs) for adults with mental or emotional disorders. The
			 care and services standards are designed to promote the individual's right to
			 independence, choice, and decision making while providing a safe, secure,
			 homelike environment. The provider shall address the individual's needs in a
			 manner that enables the individual to function at the highest level of
			 independence possible:
(a) These rules
			 incorporate and implement the requirements of the U.S. Department of Health and
			 Human Services, Centers for Medicare and Medicaid Services for home and
			 community-based services authorized under section 1915(i) of the Social
			 Security Act;
(b) These rules
			 establish requirements to ensure individuals receive services in settings that
			 are integrated in and support the same degree of access to the greater
			 community as people not receiving these services consistent with the standards
			 set out in OAR chapter 411, division 4.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0305 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abuse" includes but is not limited to
			 the following:
(a) Any death caused by other
			 than accidental or natural means or occurring in unusual
			 circumstances;
(b) Any physical
			 injury caused by other than accidental means, or that appears to be at variance
			 with the explanation given of the injury;
(c) Willful infliction of physical pain or
			 injury;
(d) Sexual harassment or
			 exploitation including but not limited to any sexual contact between an
			 employee of an AFH or community program or provider or other caregiver and the
			 individual. For all other situations, sexual harassment or exploitation means
			 unwelcome verbal or physical sexual contact including requests for sexual
			 favors and other verbal or physical conduct directed toward the
			 individual;
(e) Neglect that leads
			 to physical harm through withholding of services necessary to maintain health
			 and well-being;
(f) Abuse does not
			 include spiritual treatments by a duly accredited practitioner of a recognized
			 church or religious denomination when voluntarily consented to by the
			 individual.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0307 - Required Home-like Qualities

Current through Register Vol. 63, No. 7, July 1, 2024
This rule becomes effective July 1, 2016, and is enforceable as
				described in OAR 309-040-0315(7).
(1) Each AFH shall have all of the
			 following:
(a) The home shall be integrated
			 in and supports the same degree of access to the greater community as people
			 not receiving HCBS, including opportunities for an individual to:
(A) Seek employment and work in competitive
			 integrated employment settings;
(B)
			 Engage in greater community life;
(C) Control personal resources; and
(D) Receive services in the greater
			 community.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0310 - License Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) License
			 Required. In accordance with ORS
			 443.725, every provider of Adult
			 Foster Care shall be licensed by the Division before opening or operating an
			 AFH.
(a) The provider shall live in the home
			 that is to be licensed or hire a resident manager to live in the
			 home.
(b) There must be a provider,
			 resident manager, or substitute caregiver on duty 24 hours per day in an AFH
			 under the jurisdiction of the Division.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0320 - Classification of AFHs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 licenses Level 1 AFHs. Level 1 AFHs provide care and services to individuals
			 with severe and persistent mental illness who may also have limited medical
			 conditions.
(2) A Level 1 AFH
			 license may be issued by the Division based upon a determination that an AFH is
			 in substantial compliance with these rules and a review of the qualifications
			 of the provider and the resident manager if applicable, and is in compliance
			 with the OAR 309-040-0300 through 0455 and
			 has met the training requirements set forth in OAR
			 309-040-0335.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  443.705 -
				  443.825
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0325 - Capacity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall determine the number of individuals permitted to reside in an AFH based
			 on the ability of the caregiver to meet the care needs of the individuals, the
			 fire safety standards, and compliance with the physical structure standards of
			 these rules. Determination of maximum licensed capacity may include
			 consideration of total household composition including children. Sleeping
			 requirements for children are:
(a) Sleeping
			 arrangements for children in care shall be safe and appropriate, based on the
			 child's age, gender, special needs, behavior, and history of abuse and
			 neglect;
(b) Each child in care
			 shall have a safe and adequate bed in which to sleep.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0330 - Zoning for Adult Foster Homes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AFH is a residential use of property
			 for zoning purposes. Under ORS
			 197.665, an AFH is a permitted
			 use in any residential zone that allows a single family dwelling and in any
			 commercial zone that allows a single family dwelling.
(2) No city or county may impose any zoning
			 requirement on the establishment and maintenance of an AFH in residential or
			 commercial zones that is more restrictive than that imposed on a single-family
			 dwelling in the same zone.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  443.705 -
				  443.825
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0345 - Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider
			 shall submit a completed renewal application and the required fee at least 165
			 days prior to the expiration date of the license. If the renewal application is
			 not received by the Division within the time period described, the provider
			 shall request the application from the Division or the County Mental Health
			 partner. If the completed renewal application and fee are not submitted prior
			 to the expiration date, the AFH shall be treated as an unlicensed home subject
			 to civil penalties.
(2) The renewal
			 application must include the same information and fee as required for a new
			 application, except that a physician's statement and financial information form
			 are not required if the Division can reasonably assume this information has not
			 changed.
(3) The Division may
			 require the applicant to submit a current, within six months, physician's
			 statement and a current, within six months, criminal history check if
			 investigation by the Division for license renewal indicates that it is
			 necessary.
(4) The Division shall
			 investigate any information in the renewal application and shall conduct an
			 inspection of the AFH.
(5) The
			 provider shall be given a formal written report from the inspection citing any
			 deficiencies and a time frame for correction that does not exceed 30 days from
			 the date of the inspection report unless otherwise noted in the inspection
			 report.
(6) The AFH provider shall
			 correct cited deficiencies prior to issuing a renewed license. If cited
			 deficiencies are not corrected within the time frame specified by the Division,
			 the renewal application shall be denied and administrative sanctions may be
			 imposed.
(7) The Division may not
			 renew a license unless:
(a) The applicant and
			 the AFH are in compliance with ORS
			 443.705 to
			 443.825 and these rules;
(b) The Division has completed an
			 inspection of the AFH;
(c) The
			 Division has completed a criminal records check, as required by ORS
			 181.536 through
			 181.537,
			 443.735 and OAR chapter 943,
			 division 007, on the applicant and any occupant, other than an individual, 16
			 years of age or older or is identified in ORS
			 443.735(5)(a)(b),
			 (6)(a)(b)(c) and who will shall be residing
			 in or employed by or otherwise acting as a provider, resident manager,
			 substitute caregiver, or volunteer for the AFH provider.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0350 - Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider or
			 applicant may apply to the Division for a variance from a provision of these
			 rules. The provider shall provide justification that a variance does not
			 jeopardize the health, life, or safety of the individuals and would not violate
			 or compromise an applicable ORS.
(2) The Division may not grant a variance
			 from a regulation or provision of these rules pertaining to the license
			 capacity of the AFH; inspections of the AFH; civil, legal, and human rights;
			 and inspection of the public files. The Division may not grant a variance
			 related to fire and life safety without prior consultation with the local fire
			 authority or designee.
(3) A
			 provider or applicant may apply to the Division for a variance specific to each
			 individual under ORS 443.725, subject to the
			 following requirements:
(a) The variance is
			 effective only for the specific individual who has been assessed and meets the
			 safety requirements prescribed by the Division. This assessment shall become
			 part of the individual's RCP;
(b) A
			 variance allowing a specific individual to be in the AFH alone may not exceed
			 four hours in a 24-hour period;
(c) No variance allows a provider to leave an
			 individual alone in the AFH between the hours of 11 p.m. to 6 a.m.;
			 and
(d) Twenty-four hour per day
			 care shall continue for any individual that does not qualify to be in the AFH
			 alone.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0355 - Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Providers who
			 care for public assistance individuals must enter into a contract with the
			 Division and comply with Division rules governing reimbursement for services
			 and refunds.
(2) Providers who care
			 for private paying individuals must enter into a signed contract with the
			 individual or person paying for care. This contract shall include, but is not
			 limited to, an RCP, a schedule of rates, conditions under which the rates may
			 be changed, and the AFH's policy on refunds at the time of hospitalization,
			 death, discharge, or voluntary move.
(3) The provider shall provide a 30-day prior
			 written notification to private pay individuals of increases, additions, and
			 other modifications to the rates. Unless the change is due to a medical
			 emergency resulting in a greater level of care, in which case the provider
			 shall give notice within ten days of the change.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  443.705 -
				  443.825
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0360 - Qualifications for AFH Providers, Resident Managers, and Other Caregivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AFH provider
			 must meet the following qualifications:
(a)
			 Be at least 21 years of age;
(b)
			 Live in the AFH to be licensed, unless an approved resident manager lives in
			 the AFH;
(c) Provide evidence
			 satisfactory to the Division regarding experience, training, knowledge,
			 interest, and concern in providing care to persons with severe and persistent
			 mental illness. 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) Division approved training;
(E) Experience in caring for
			 individuals with severe and persistent mental illness at home; and
(F) Home management skills.
(d) Possess the physical health
			 and mental health determined necessary by the Division to provide 24-hour care
			 for adults who are mentally ill. Applicants shall have a statement from a
			 physician on a Division approved form that they are physically and mentally
			 capable of providing care;
(e)
			 Undergo a criminal history check in accordance with OAR chapter 943 division
			 007 and be found eligible for licensure by the Division. The Division shall
			 evaluate and verify information regarding criminal history;
(f) Provide evidence of sufficient financial
			 resources to operate an AFH for at least two months, unless the application is
			 for renewal of an AFH that is already in operation. A credit reference check
			 may be required;
(g) Be literate
			 and capable of understanding written and oral orders and communicating with
			 individuals, physicians, case managers, and appropriate others and be able to
			 respond appropriately to emergency situations at all times;
(h) If transporting individuals by motorized
			 conveyance, shall have a current driver's license in compliance with the
			 Department of Motor Vehicles laws and vehicle insurance as required by the
			 State of Oregon.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0365 - Facility Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 order to qualify for or maintain a license, an AFH shall meet the following
			 provisions:
(a) Demonstrate compliance with
			 Oregon Structural Specialty Code (OSSC) and Oregon Fire Code: and
(b) Maintain up-to-date documentation
			 verifying they meet applicable local business license, zoning, and building and
			 housing codes and state and local fire and safety regulations. It is the duty
			 of the provider to check with local government to be sure all applicable local
			 codes have been met;
(c) For AFH's
			 established on or after October 1, 2004, meet all applicable state building,
			 mechanical, and housing codes for fire and life safety. The AFH shall be
			 inspected for fire safety by an inspector designated by the Division using the
			 recommended standards established by the State Fire Marshal for facilities
			 housing one to five persons. Refer to Appendix I of the Oregon Fire Code, the
			 Oregon Residential Specialty Code, and the Oregon Structural Specialty Code.
			 When deemed necessary by the Division, a request for fire inspection shall be
			 made to the State Fire Marshal;
(d)
			 The building and furnishings shall be clean and in good repair and grounds
			 shall be maintained. Walls, ceilings, and floors shall be of such character to
			 permit frequent washing, cleaning, or painting. There shall be no accumulation
			 of garbage, debris, rubbish, or offensive odors;
(e) Stairways shall be provided with
			 handrails. A functioning light shall be provided in each room, stairway, and
			 exit way; incandescent light bulbs shall be protected with appropriate covers.
			 Yard and exterior steps shall be accessible to individuals;
(f) The heating system shall be in working
			 order. Areas of the AFH used by individuals shall be maintained at no less than
			 68 degrees Fahrenheit during the day and 60 degrees Fahrenheit during sleeping
			 hours. During times of extreme summer heat, the provider shall make a
			 reasonable effort to make the individuals comfortable using available
			 ventilation or fans;
(g) There
			 shall be at least 150 square feet of common space and sufficient comfortable
			 furniture in the AFH to accommodate the recreational and socialization needs of
			 the occupants at one time. Common space shall not be located in the basement or
			 garages unless such space was constructed for that purpose or has otherwise
			 been legalized under permit. Additional space is required if wheelchairs are to
			 be accommodated;
(h) Pools and hot
			 tubs shall be equipped with sufficient safety barriers or devices to prevent
			 accidental injury in accordance with Section R116 of the Oregon Residential
			 Specialty Code.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0370 - Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider
			 shall train all program staff in staff safety procedures prior to beginning
			 their first regular shift. All individuals shall be trained in individual
			 safety procedures as soon as possible during their first 72 hours of
			 residency.
(2) Emergency
			 Procedures:
(a) An emergency evacuation
			 procedure shall be developed, posted, and rehearsed with occupants. A record
			 shall be maintained of evacuation drills. Drills shall be scheduled at
			 different times of the day and on different days of the week with different
			 locations designated as the origin of the fire for drill purposes:
(A) Drills shall be held at least once every
			 30 days;
(B) One drill practice
			 shall be held at least once every 90 days during individual's nighttime
			 sleeping hours between 10 p.m. and6a.m.Fire drill records shall be maintained
			 for three years and include date, time for full evacuation, safety equipment
			 checked (to include fire extinguishers, smoke detectors, secondary egress
			 points, flashlights, and furnace filters), comments on the drill results, and
			 names of individuals requiring assistance for evacuation;
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0375 - Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The water
			 supply in the home shall meet the requirements of the current Authority rules
			 governing domestic water supplies:
(a) A
			 municipal water supply shall be utilized if available;
(b) When the home is not served by an
			 approved municipal water system, and the home qualifies as a public water
			 system according to OAR
			 333-061-0020(94)
			 Authority rules for public water systems, then the provider shall comply with
			 the OAR chapter 333. These include requirements that the drinking water be
			 tested for total coliform bacteria at least quarterly and nitrate at least
			 annually and reported to the Division. For adverse test results, these rules
			 require that repeat samples and corrective action be taken to assure compliance
			 with water quality standards. Public notice shall be given whenever a violation
			 of the water quality standards occurs, and records of water testing shall be
			 retained according to Division requirements.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0380 - Individual Furnishings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Bedrooms and Units:
(a) Bedrooms for all
			 household occupants and units for individuals shall have been constructed as a
			 bedroom when the home was built or remodeled under permit; be finished with
			 walls or partitions of standard construction that go from floor to ceiling and
			 a door that opens directly to a hallway or common use room without passage
			 through another bedroom or unit or common bathroom; be adequately ventilated,
			 heated and lighted with at least one operable window that meets the
			 requirements of Section R310 of the Oregon Residential Specialty Code; have at
			 least 70 square feet of usable floor space for each individual or 120 square
			 feet for two individuals and have no more than two individuals per
			 room;
(b) Providers, resident
			 managers, or their family members may not sleep in areas designated as living
			 areas, or share bedrooms or units with individuals;
(c) There shall be an individual bed for each
			 individual consisting of a mattress in good condition and springs at least 36
			 inches wide. Cots, rollaway, bunks, trundles, couches, and folding beds may not
			 be used for individuals. Each bed shall have clean bedding in good condition
			 consisting of a bedspread, mattress pad, two sheets, a pillow, a pillowcase,
			 and blankets adequate for the weather. Sheets and pillowcases shall be
			 laundered at least weekly, and more often if necessary. Waterproof mattress
			 covers shall be used for incontinent individuals. Day care individuals may not
			 use individual beds;
(d) Each unit
			 shall have sufficient separate, private dresser and closet space for each
			 individual's clothing and personal effects, including hygiene and grooming
			 supplies. Individuals shall be allowed to keep and use reasonable amounts of
			 personal belongings and to have private, secure storage space. Drapes or shades
			 for windows shall be in good condition and provider privacy for individuals;
(e) Units shall be on ground level
			 for individuals who are non-ambulatory or have impaired mobility;
(f) Units shall be in close enough proximity
			 to the provider to alert the provider to night time needs or emergencies or be
			 equipped with a call bell or intercom.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0385 - Food Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Three
			 nutritious meals shall be served daily at times consistent with those in the
			 community. Meals shall be planned and served in accordance with the recommended
			 dietary allowances found in the United States Department of Agriculture Food
			 Guide Pyramid or as directed by a prescriber. Consideration shall be given to
			 cultural and ethnic backgrounds of individuals in food preparation.
(2) An order from an LMP must be obtained for
			 each individual who for health reasons is on a modified or special diet. These
			 diets shall be planned in consultation with the individual.
(3) Menus shall be prepared at least one week
			 in advance and provide a sufficient variety of foods served in adequate amounts
			 for each individual at each meal and adjusted for seasonal changes. Records of
			 menus as served shall be filed and maintained in the AFH for three years.
			 Individual preferences and requests shall be considered in menu planning.
			 Religious and vegetarian preferences must be reasonably accommodated.
(4) Meals shall be prepared and
			 served in the facility where the individuals live. Payment for meals eaten away
			 from the AFH for the convenience of the provider (e.g. restaurants, senior meal
			 sites) shall be paid for by the provider. Meals and snacks as part of an
			 individual recreational outing shall be paid for by the individual. Food
			 preparation areas shall be clean, free of obnoxious odors, and in good repair.
(5) The provider shall maintain
			 adequate supplies of staple foods for a minimum of one week and perishable
			 foods for a minimum of two days at the setting. An emergency supply of potable
			 water shall be available such that the provider maintains seven gallons of
			 water per individual.
(6) Food
			 shall be stored, prepared, and served in accordance with the Authority's Food
			 Sanitation Rules:
(a) All working
			 refrigerators and freezers shall have a thermometer in working order;
(b) Food storage areas and
			 equipment shall be such that food is protected from dirt and contamination and
			 maintained at proper temperatures to prevent spoilage.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0390 - Standards and Practices for Care and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There
			 shall be a provider, resident manager, or substitute caregiver on duty 24 hours
			 per day in an AFH in accordance with ORS
			 443.725(3).
(2) Medications and Prescriber's Orders:
(a) There shall be a copy of a medication,
			 treatment, or therapy order signed by a physician, nurse practitioner, or other
			 licensed prescriber in the individual's file for the use of any medications,
			 including over the counter medications, treatments, and other therapies except
			 as otherwise permitted under OAR
			 309-040-0390(3)-(4);
(b) A provider, resident manager, or
			 substitute caregiver shall dispense medications, treatments, and therapies as
			 prescribed by a physician, nurse practitioner, or other licensed prescriber.
			 Changes to orders for the dispensing and administration of medication or
			 treatment may not be made without a written order from a physician, nurse
			 practitioner, or other licensed prescriber. A copy of the medication,
			 treatment, or therapy order shall be maintained in the individual's record. The
			 provider, resident manager, or substitute caregiver shall promptly notify the
			 individual's case manager of any request for a change in the individual's
			 orders for medications, treatments, or therapies;
(c) Each individual's medications shall be
			 clearly labeled with the pharmacist's label or the manufacturer's originally
			 labeled container and kept in a locked location except as otherwise permitted
			 under OAR 309-040-0390(3)-(4).
			 The provider or provider's family medication shall be stored in a separate
			 locked location. All medication for pets or other animals shall be stored in a
			 separate locked location. Unused, outdated, or recalled medications may not be
			 kept in the AFH and shall be disposed in a manner to prevent diversion into the
			 possession of people other than for whom it was prescribed. The provider shall
			 document disposal of all unused, outdated, and recalled medication on
			 individuals' drug disposal forms;
(d) Medications may not be mixed together in
			 another container prior to administration except as packaged by the pharmacy or
			 by physician order;
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0393 - Individually-Based Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
This rule becomes effective on July 1, 2016, and enforceable
				according to OAR 309-040-0315(7).
(1) When the home-like qualities
			 described below create a threat to the health and safety of an individual or
			 others, a provider may seek to apply individually-based limitation through the
			 process described in this rule. A provider may not otherwise limit the
			 following home-like qualities without a valid individually-based limitation:
(a) The freedom and support to access food at
			 any time;
(b) Have visitors of the
			 individual's choosing at any time;
(c) Have a unit entrance door that is
			 lockable by the individual with only appropriate program staff having
			 access;
(d) Choose a roommate when
			 sharing a unit;
(e) Furnish and
			 decorate the individual's unit as agreed to in the Residency
			 Agreement;
(f) The freedom and
			 support to control the individual's schedule and activities; and
(g) Privacy in the individual's unit.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0394 - Residency Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
This rule become effective July 1, 2016, and is enforceable as
				described in OAR 309-040-0315(7).
(1) The provider shall enter into a
			 written residency agreement with each individual or the individual's
			 representative residing at the AFH consistent with the following:
(a) The written residency agreement shall be
			 signed by the provider and the individual or the individual's representative
			 prior to or at the time of admission;
(b) The provider shall provide a copy of the
			 signed agreement to the individual or the individual's representative and shall
			 retain the original signed agreement within the individual's individual record;
(c) The provider shall give
			 written notice to an individual and the individual's representative at least 30
			 calendar days prior to any general rate increases, additions, or other
			 modifications of the rates; and
(d)
			 The provider shall update residency agreements at least annually and also when
			 social security rates change or an individual's finances change such that the
			 amount paid for room and board changes.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0395 - Standards for Admission, Transfers, Respite, Discharges, and Closures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each individual referred for placement in
			 an AFH may select and choose from available service settings.
(2) A provider may only admit an individual
			 with a referral from, or the prior written approval of the CMHP or the
			 Division. At the time of the referral, a provider shall be given complete
			 information about the case history of the individual as it relates to behavior,
			 skill level, medical status, or other relevant information. The provider may
			 deny admission of any individual if the provider believes the individual cannot
			 be managed effectively in the AFH, or for any other reason not specifically
			 prohibited by this rule. AFHs may not be used as a site for foster care for
			 children, adults from other agencies, or any type of shelter or day care
			 without the written approval of the CMHP or the Division.
(3) Transfers:
(a) An individual may not be transferred by a
			 provider to another AFH or moved out of the AFH without 30 days advance written
			 notice to the individual, the individual's representative, guardian, or
			 conservator, and the CMHP;
(b) The
			 written notice shall state the reasons for the transfer as provided in ORS
			 443.739(18) and
			 OAR 411-088-0070 and the
			 individual's right to a hearing as provided in ORS
			 443.738(11)(b);
(c) Except where undue delay might jeopardize
			 the health, safety, or well-being of the individual or other individuals, a
			 provider shall only transfer an individual for the following reasons:
(A) Behavior that poses a significant danger
			 to the individual or others;
(B)
			 Failure to make payment for care;
(C) The AFH has had its license revoked, not
			 renewed, or voluntarily surrendered; or
(D) The individual's care needs exceed the
			 ability of the provider.
(d) Individuals who object to the transfer
			 shall be given the opportunity for a hearing as provided in ORS
			 443.738(11)(b)
			 and OAR 411-088-0080. Participants may
			 include the individual, and at the individual's request, the provider, a family
			 member, and a CMHP staff member.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0400 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall conduct an inspection of an AFH:
(a)
			 Prior to issuance of a license;
(b)
			 Upon receipt of an oral or written complaint of violations that threaten the
			 health, safety, or welfare of individuals; or
(c) Anytime the Division has probable cause
			 to believe that an AFH has violated a regulation or provision of these rules or
			 is operating without a license.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0405 - Procedures for Correction of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time after receipt of a notice of
			 violations or an inspection report, the licensee or the Division may request a
			 conference in writing. The conference shall be scheduled within ten days of a
			 request by either party. The purpose of the conference is to discuss the
			 violations stated in the notice of violation and to provide information to the
			 licensee to assist the licensee in complying with the requirements of the
			 rules. The written request by a licensee or the Division for a conference may
			 not extend any previously established time limit for correction.
(2) The licensee shall notify the Division of
			 correction of violations in writing no later than the date specified in the
			 notice of violation.
(3) If, after
			 inspection of the AFH, the violations have not been corrected by the date
			 specified in the notice of violation or if the Division has not received a
			 report of compliance, the Division may institute one or more of the following
			 actions:
(a) Imposition of an administrative
			 sanction that may include revocation, suspension, or refusal to renew a license
			 as deemed appropriate by the Division;
(b) Placement of conditions on the license as
			 deemed appropriate by the Division; or
(c) Filing of a criminal complaint.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0415 - Administrative Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division may attach conditions to a license in addition to or instead of
			 imposing an administrative sanction. Conditions are described in OAR
			 309-040-0430.
(2) An administrative sanction includes one
			 or more of the following actions:
(a) Civil
			 penalties;
(b) Refusal to renew,
			 denial, suspension or revocation of a license as set forth in OAR
			 309-040-0420.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0420 - Denial, Suspension, Revocation, or Refusal to Renew

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division may deny, suspend, revoke,
			 or refuse to renew a license where it finds any of the following:
(a) There has been substantial failure of
			 non-compliance with these rules;
(b) There is substantial non-compliance with
			 local codes and ordinances or any other state or federal law or rule applicable
			 to the health and safety of individuals in an AFH; or
(c) The applicant or provider has been
			 convicted of one or more crimes described in the Criminal Record Check:
(A) The applicant or provider has had a
			 certificate or license to operate a foster home or residential care facility
			 denied, suspended, revoked, or refused to be renewed in this or any other state
			 or county within three years preceding the present action if the denial,
			 suspension, revocation, or refusal to renew was due in any part to abuse of an
			 adult, creating a threat to the individuals, or failure to possess physical
			 health, mental health, or good personal character;
(B) If the denial, suspension, revocation, or
			 refusal to renew occurred more than three years from the present action, the
			 applicant or provider is required to establish to the Division by clear and
			 convincing evidence the ability and fitness to operate an AFH. If the applicant
			 or provider does not meet this burden, then the Division may deny, suspend,
			 revoke, or refuse to renew the license;
(C) The applicant or provider is associated
			 with a person whose license for a foster home or residential care facility was
			 denied, suspended, revoked, or refused to be renewed due to abuse of an adult
			 or failure to possess physical health, mental health, or good personal
			 character within three years preceding the present action, unless the applicant
			 or provider can demonstrate to the Division by clear and convincing evidence
			 that the person does not pose a threat to the individuals;
(D) For purposes of this subsection, an
			 applicant or provider is "associated with" a person as described above, if the
			 applicant or provider:
(i) Resides with the
			 person;
(ii) Employs the person in
			 the AFH;
(iii) Receives financial
			 backing from the person for the benefit of the AFH;
(iv) Receives managerial assistance from the
			 person for the benefit of the AFH; or
(v) Allows the person to have access to the
			 AFH.
(E) For purposes of
			 this section only, "present action" means the date of the notice of denial,
			 suspension, revocation, or refusal to renew.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0425 - Removal of Residents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division may order the removal of individuals from an AFH to an alternative
			 placement on the following grounds:
(a) When
			 a violation of these rules is not corrected after time limit specified in
			 notice;
(b) There is a violation of
			 an individual's rights;
(c) The
			 number of individuals currently in the AFH exceeds the maximum licensed
			 capacity of the AFH;
(d) The AFH is
			 operating without a license; or
(e)
			 There is evidence of abuse of an adult that presents a serious and immediate
			 danger to individuals.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0430 - Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conditions may
			 be attached to a license upon a finding that:
(a) Information on the application or initial
			 inspection requires a condition to protect the health and safety of
			 individuals;
(b) There exists a
			 threat to the health, safety, and welfare of an individual;
(c) There is reliable evidence of abuse or
			 neglect of an individual;
(d) The
			 AFH is substantially non-compliant with these rules; or
(e) The provider is licensed to care for a
			 specific individual only and further placements may not be made to the
			 AFH.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0435 - Criminal Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Operating an AFH without a license is punishable as a Class C
			 misdemeanor.
(2) Refusing to allow
			 any of the following is punishable as a Class B misdemeanor:
(a) Division access to the AFH for inspection
			 or investigation;
(b) Division
			 access to individuals in order to interview individuals privately or to review
			 records; or
(c) State and local
			 fire inspector access to the AFH regarding fire safety.