reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approved:
			 Pursuant to a preliminary Fitness Determination under OAR 416-800-0041  or a
			 final Fitness Determination under OAR 416-800-0050, OYA has determined that the
			 Subject Individual is fit to be an employee, Volunteer, Foster Care Provider,
			 contractor, or vendor in a position covered by OAR 416-800-0020.
(2) Conviction: A final judgment on a verdict
			 or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest),
			 or any determination of guilt entered by a court of law against a Subject
			 Individual in a criminal case, unless that judgment has been reversed or set
			 aside by a subsequent court decision.
(3) Criminal Offender Information: Records
			 and related data as to physical description and vital statistics, fingerprints
			 received and compiled by the Oregon Department of State Police Bureau of
			 Criminal Identification for purposes of identifying criminal offenders and
			 alleged offenders, records of arrests and the nature and disposition of
			 criminal charges, including sentencing, confinement, parole and
			 release.
(4) Criminal Records
			 Check: One or more of the following processes undertaken to check the criminal
			 history of a Subject Individual:
(a)
			 Computerized Criminal Records Check: A check of Criminal Offender Information
			 conducted through use of the Law Enforcement Data Systems (LEDS), including
			 information from the Federal Bureau of Investigation's (FBI) National Crime
			 Information Center (NCIC), and the National Law Enforcement Telecommunications
			 System (NLETS).
(b)
			 Fingerprint-based Criminal Records Check: A national check of federal Criminal
			 Offender Information through the submission of fingerprints and other
			 identifying data, conducted by the Oregon Department of State Police through
			 the Federal Bureau of Investigation or otherwise at OYA's request.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0020 - Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
"Subject Individual" means a person who is required to complete
				a Criminal Records Check pursuant to these rules and from whom OYA may require
				fingerprints for the purpose of conducting a Criminal Records Check because the
				person:
(1) Is employed or applying
			 for employment with OYA; or
(2)
			 Provides services or seeks to provide services to OYA as a contractor, vendor,
			 or Volunteer; or
(3) Operates or is
			 an applicant to operate an adjudicated youth foster home, or who is an adult
			 Member of the Household in the foster home.
Statutory/Other Authority: ORS
				  420A.021
Statutes/Other Implemented: ORS
				  420A.010,
				  420A.020 &
				  420A.021
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0031 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosure of Information by Subject
			 Individual.
(a) Preliminary to a Criminal
			 Records Check, Subject Individuals must complete and sign a consent for
			 criminal record check form and, if requested by OYA, a fingerprint card or scan
			 form. The consent form may require the following information: name, date of
			 birth, Social Security Number, physical characteristics, driver's license or
			 identification numbers, current address, prior residences, and any other
			 information deemed necessary by OYA. The consent form may also require details
			 concerning any circumstance listed in OAR 416-800-0041(3)(a)-(e).
(b) A Subject Individual must complete and
			 submit to OYA the consent form and, if requested, a fingerprint card or scan
			 form within three business days of receiving the forms.
(c) If the Oregon State Police or the FBI
			 returns a Subject Individual's fingerprint card or scan to OYA as "unreadable,"
			 OYA may require the Subject Individual to submit a new fingerprint card or scan
			 within a reasonable period of time, as established by OYA.
(d) Within a reasonable period of time, as
			 established by OYA, a Subject Individual will disclose additional information
			 as requested by OYA in order to resolve any issue(s) hindering the completion
			 of a criminal record check.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0041 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA may conduct a preliminary Fitness
			 Determination if it is interested in hiring or appointing a Subject Individual
			 on a preliminary basis, pending a final Fitness Determination.
(2) If OYA elects to make a preliminary
			 Fitness Determination about a Subject Individual, pending a final Fitness
			 Determination, OYA will make a preliminary Fitness Determination about a
			 Subject Individual based on information disclosed by the Subject Individual and
			 a computerized Criminal Records Check.
(3) OYA may approve a Subject Individual as
			 fit on a preliminary basis if OYA has no reason to believe that the Subject
			 Individual has made a False Statement and the information available to OYA does
			 not disclose that the Subject Individual:
(a)
			 Has pled nolo contendere (or no contest) to, been convicted of, found guilty
			 except for insanity (or comparable disposition) of, or has a pending indictment
			 for a crime listed under OAR 416-800-0055.
(b) Is being investigated for, has been
			 arrested for, has an outstanding warrant for, or has been charged with a crime
			 listed under OAR 416-800-0055.
(c)
			 Is currently on probation, parole, or any form of post-prison supervision for a
			 crime listed in OAR 416-800-0055.
(d) Has a deferred sentence or conditional
			 discharge in connection with a crime listed in OAR 416-800-0055.
(e) Has been adjudicated in a juvenile court
			 and found to be within the court's jurisdiction for an offense that would have
			 constituted a crime listed in OAR 416-800-0055  if committed by an adult.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0045 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA may hire or appoint a Subject
			 Individual on a preliminary basis if OYA has Approved the Subject Individual on
			 the basis of a preliminary Fitness Determination under OAR
			 416-800-0041.
(2) A Subject
			 Individual hired or appointed on a preliminary basis may be provided
			 provisional access to adjudicated youth and others in OYA custody and OYA
			 facilities, training, orientation and work activities, pending the results of a
			 final Fitness Determination described in these rules.
(3) A Subject Individual hired or appointed
			 on a preliminary basis is deemed to be on trial service and, if terminated,
			 prior to the completion of a final Fitness Determination under OAR 416-800-0050  may not appeal the termination under the process provided under OAR
			 416-800-0070.
(4) If a Subject
			 Individual hired or appointed on a preliminary basis is Denied upon completion
			 of a final Fitness Determination, as provided 416-800-0050, then OYA must
			 immediately terminate the Subject Individual's employment or
			 appointment.
Statutory/Other Authority: ORS
				  420A.021
Statutes/Other Implemented: ORS
				  420A.010,
				  420A.020 &
				  420A.021
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0055 - Types of Crimes Relevant to a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Crimes Relevant to a Fitness
			 Determination.
(a) All felonies;
(b) All misdemeanors;
(c) Any United States Military crime or
			 international crime;
(d) Any civil
			 restraining order entered for spousal abuse, domestic violence, harassment, or
			 stalking.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0065 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA will close a preliminary or final
			 Fitness Determination as incomplete when:
(a)
			 Circumstances change so that a person no longer meets the definition of a
			 "Subject Individual" under OAR 416-800-0020;
(b) The Subject Individual does not provide
			 materials or information under OAR 416-800-0030(1) within the timeframes
			 established under that rule;
(c)
			 OYA cannot locate or contact the Subject Individual;
(d) The Subject Individual fails or refuses
			 to cooperate with OYA's attempts to acquire other relevant information under
			 OAR 416-800-0050(2);
(e) OYA
			 determines that the Subject Individual is not eligible or not qualified for the
			 position of employee, Foster Care Provider, contractor, Volunteer, or vendor
			 for a reason unrelated to the Fitness Determination process; or
(f) The position is no longer open.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0070 - Notice to Subject Individuals of Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
OYA must inform the Subject Individual who has been determined
				not to be fit on the basis of a Criminal Records Check, via certified mail to
				the most current address provided by the Subject Individual, of such
				disqualification.
Stat. Auth.: ORS
				  420A.021
Stats. Implemented: ORS
				  181.557,
				  420A.010,
				  420A.020,
				  420A.021
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0080 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Model Rules of Procedure. OYA adopts the
			 Attorney General's Model Rules of Procedure OAR 137-003-0001  to 137-003-0092  and 137-003-0580, effective July 2014, as procedural rules for contested case
			 hearings. In addition to the Model Rules of Procedure adopted by OYA, the
			 procedures set forth in this rule must apply.
(2) Process
(a) A Foster Care Provider or Foster Care
			 Provider applicant may appeal a Fitness Determination by submitting a written
			 request for a contested case hearing to the address specified in the notice
			 provided under OAR 416-800-0070.
(b) A request for a hearing from a Foster
			 Care Provider or Foster Care Provider applicant must be received by OYA within
			 60 days of the date of the notice.
(c) When a timely request is received by OYA
			 under subsection (a), a contested case hearing must be conducted by a hearing
			 officer appointed by OYA's Director.
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0090 - Record Keeping, Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Any information obtained in the Criminal Records Check is
				confidential. OYA must restrict the dissemination of information obtained in
				the Criminal Records Check. Only those persons, as identified by OYA, with a
				demonstrated and legitimate need to know the information, may have access to
				Criminal Records Check records information.
Stat. Auth.: ORS
				  420A.021
Stats. Implemented: ORS
				  181.557,
				  420A.010,
				  420A.020,
				  420A.021
Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0095 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OYA may charge
			 a fee for acquiring Criminal Offender Information for use in making a Fitness
			 Determination. In any particular instance, the fee may not exceed the fee(s)
			 charged OYA by the Oregon Department of State Police and the Federal Bureau of
			 Investigation to obtain Criminal Offender Information on the Subject
			 Individual.
(2) OYA may charge the
			 fee to the Subject Individual on whom Criminal Offender Information is sought,
			 or, if the Subject Individual is an employee of an OYA contractor or vendor and
			 is undergoing a Fitness Determination in that capacity, OYA may charge the fee
			 to the Subject Individual's employer.
Stat. Auth.: ORS
				  420A.021
Stats. Implemented: ORS
				  420A.010,
				  420A.020,
				  420A.021
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 10 - PURPOSE AND RULEMAKING › Section 418-010-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with Article XV, Section 11 of the Oregon State Constitution, the Commission
			 ensures the high quality of homecare services by working cooperatively with
			 area agencies and state and local agencies to accomplish the following:
(a) Establish qualifications for homecare and
			 personal support workers with the advice and consent of the Department of Human
			 Services (DHS) and Oregon Health Authority (OHA);
(b) Provide training opportunities for
			 homecare and personal support workers; and seniors and individuals experiencing
			 disabilities who employ homecare or personal support workers;
(c) Maintain a Registry of qualified homecare
			 and personal support workers;
(d)
			 Provide routine, emergency, and substitute referrals of homecare and personal
			 support workers;
(e) Enter into
			 contracts with public and private organizations and individuals for the purpose
			 to obtain or develop training materials and curriculum or other services as may
			 be needed by the Commission;
(f)
			 Serve as employer of record for collective bargaining with homecare and
			 personal support workers;
(g)
			 Select workers' compensation coverage on behalf of a senior or individual
			 experiencing disability who hires a homecare or personal support worker through
			 a publicly funded program; and
(h)
			 Train and certify homecare or personal support workers who desire to become
			 certified community health workers or personal health navigators and meet
			 eligibility criteria and ensure Coordinated Care Organizations honor employment
			 terms and conditions of Community Health Workers and Personal Health Navigator
			 established by the Commission.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 10 - PURPOSE AND RULEMAKING › Section 418-010-0020 - Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission adopts the Attorney General Model Rules
				applicable to rulemaking, effective on November 1, 2014, with the exception of
				137-001-0080.
Stat. Auth.: ORS
				  183.341,
				  410.602
Stats. Implemented: ORS
				  183.341,
				  410.602
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 10 - PURPOSE AND RULEMAKING › Section 418-010-0030 - Notice of Proposed Rulemaking and Adoption of Temporary Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in ORS 183.335(7),
			 (12), or
			 183.341, before permanently
			 adopting, amending, or repealing an administrative rule, the Commission shall
			 give notice of the intended action:
(a) To
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule;
(b) To Individuals in the interested parties
			 lists described in section (2) of this rule for the pertinent OAR chapter or
			 pertinent subtopics or programs within an OAR chapter at least 28 days before
			 the effective date of the rule;
(c) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the rule;
(d) To other individuals, agencies, or
			 organizations the Commission is required to provide an opportunity to comment
			 pursuant to state statute or federal law or as a requirement of receiving
			 federal funding, at least 28 days before the effective date of the rule;
(e) To the Associated Press and
			 the Capitol Press Room at least 28 days before the effective date of the rule;
			 and
(f) In addition to the above,
			 the Commission may send notice of intended action to other individuals,
			 agencies, or organizations the Commission, in its discretion, believes to have
			 an interest in the subject matter of the proposed rule at least 28 days before
			 the effective date of the rule.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 10 - PURPOSE AND RULEMAKING › Section 418-010-0040 - Delegation of Rulemaking Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Any member or employee of the Commission who is identified on a
				completed Delegation of Authority form signed by the Executive Director or
				Chair of the Commission and filed with the Secretary of State, Administrative
				Rules Unit, is vested with the authority to adopt, amend, repeal, or suspend
				administrative rules as provided on that form until such delegation is revoked
				by the Executive Director or Chair of the Commission, or the person leaves
				employment with the Commission.
Stat. Auth.: ORS
				  410.602
Stats. Implemented: ORS
				  183.325,
				  410.602
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Active" means an active homecare,
			 personal support worker, or personal care attendant who has:
(a) A current provider number;
(b) Worked and been paid with public funds in
			 any of the past 12 months as a homecare or personal support worker or personal
			 care attendant;
(c) A current
			 credential; and
(d) Met the
			 orientation and core training requirements of the program for which the
			 provider is enrolled.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0020 - Qualifications for Homecare and Personal Support Workers and Personal Care Attendants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Minimum Qualifications.
(a) Submit a complete
			 application and provider enrollment agreement.
(b) Pass an ODHS background check and
			 cooperate with a recheck every two years or when requested.
(c) Be capable of performing essential
			 functions to safely provide necessary services or be capable of learning
			 essential functions to safely provide necessary services.
(d) Be 18 years of age or older.
(e) Attend orientation.
(f) Complete mandated core training within
			 specified timelines.
(g) Complete
			 and pass mandated orientation and core training competency
			 evaluations.
(h) Complete mandated
			 continuing education within the specified timelines.
(i) Meet applicable provider enrollment
			 requirements outlined in OAR chapter 411, division 31 (homecare workers), OAR
			 chapter 411, division 375 (personal support workers), or OAR chapter 410,
			 division 172 (personal care attendants).
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0030 - Provider Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Training is
			 offered by the Commission to providers statewide to enhance provider skills and
			 cultural competence, as well as the quality of services provided to
			 consumer-employers in their home or in the community.
(a) Training is provided without charge to
			 providers, consumer-employers, consumer-representatives, appropriate service
			 delivery staff, and the staff of adult foster homes licensed under OAR chapter
			 411, division 50.
(b) Stipends for
			 actual hours in attendance at Commission-sponsored classes may be available to
			 providers who have provided publicly funded services in any of the three months
			 before training or during the month of the training. The Commission determines:
(A) The amount of a stipend and may provide a
			 stipend for each eligible class once in a 12-month period.
(B) Which classes are approved for stipends
			 for providers.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0035 - Mandatory Training and Competency Evaluations - Effective 9/1/2021

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Training curriculum shall be reviewed and
			 approved by the Commission prior to use at mandatory training.
(2) Mandatory training shall be
			 geographically accessible in all areas of the state.
(3) Mandatory training shall be culturally
			 appropriate for providers of all language abilities.
(a) If a training is not available in the
			 provider's preferred language, interpreter services shall be made
			 available.
(b) Training materials
			 shall be culturally appropriate and accessible to providers in their preferred
			 language. Reasonable efforts shall be made to accommodate language requests
			 when there is adequate demand for the materials in the preferred
			 language.
(c) Reasonable
			 accommodations shall be provided in accordance with Title II of the Americans
			 with Disabilities Act for providers who experience a disability.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0040 - Consumer-Employer Training Services

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission offers voluntary training services to
				consumer-employers, consumers' authorized representatives, and consumers'
				common law employers on how to manage employer responsibilities. These services
				are referred to as Employer Resource Connection.
(1) To be eligible for the consumer-employer
			 training program, an individual must be receiving Medicaid funded in-home
			 services through DHS or OHA or services through the Oregon Project Independence
			 program. An individual's authorized representative or common law employer is
			 eligible to receive consumer-employer training services.
(2) Consumer-employer training services are
			 provided by individuals or entities under contract with the Commission and meet
			 the qualifications described in OAR 411-035-0095.
(3) Services are designed to meet
			 consumer-employer needs and are provided in a culturally competent manner.
			 Consumer-employer training is based on the needs and preferences of the
			 consumer-employer and topics are related to the employer responsibilities
			 described in OAR 411-030-0040(4)(a)  and OAR 411-375-0055(5)(b).
(4) Consumer-employer training services shall
			 meet the requirements outlined in OAR 411-035-0090.
Statutory/Other Authority: ORS
				  410.602
Statutes/Other Implemented: ORS
				  410.603,
				  410.604
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0050 - Registry

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission approves the use of an online matching system of
				qualified and active providers to provide routine, emergency, and substitute
				referrals to consumer-employers.
(1)
			 Service Delivery Office Responsibilities. Staff will provide information about
			 the matching system to new consumer-employers upon their being approved and set
			 up for services and supports.
(2)
			 Service delivery staff may refer consumer-employers, consumers' authorized
			 representatives, or consumers' common law employers needing assistance with
			 using the online matching system to the Employer Resource Connection consumer
			 training services program for additional help.
(3) Referral Requirements. For a provider's
			 name to appear in the matching system, a provider must have an active,
			 unrestricted provider number. It is strongly encouraged that a provider also:
(a) Maintain a complete, accurate
			 profile.
(b) Have a working
			 telephone number and email address.
(c) Update profile information as often as
			 the system requires.
(d) Update
			 changes to availability, telephone number, or other information when changes
			 occur.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 20 - OREGON HOME CARE COMMISSION FUNCTIONS › Section 418-020-0060 - Workers' Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission elects workers' compensation coverage on behalf of
			 consumer-employers who employ providers.
(2) Consumer-employers and consumer
			 representatives must:
(a) Sign required
			 documents for a provider to receive workers' compensation coverage.
(b) Report provider injuries to the
			 Commission as soon as becoming aware of a provider's injury.
(c) Provide information to the Commission and
			 workers' compensation carrier when providers report an injury.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 30 - PUBLIC CONTRACTING AND PROCUREMENT › Section 418-030-0000 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
The rules contained in OAR chapter 418, division 30 govern the
				public contracting of the Oregon Home Care Commission. In addition to these
				rules, the Commission is subject to ORS Chapters 279A, 279B and 279C.
Stat. Auth.: ORS
				  410.602
Stats. Implemented: ORS
				  410.604,
				  410.625
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 30 - PUBLIC CONTRACTING AND PROCUREMENT › Section 418-030-0010 - Procurement Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1)The
			 Commission may:
(a) Enter into contracts with
			 public and private organizations and individuals for the purpose of obtaining
			 or developing training materials and curriculum or other services as may be
			 needed by the Commission;
(b)Contract for services, lease, acquire,
			 hold, own, encumber, insure, sell, replace, deal in and with, and dispose of
			 real and personal property in its own name; and
(c) Enter into an interagency agreement or
			 contract with any state agency for the performance of the Commission's duties
			 or the leasing of office space.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 30 - PUBLIC CONTRACTING AND PROCUREMENT › Section 418-030-0020 - Adoption of Oregon Health Authority Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Home Care Commission adopts the rules in OAR
				chapter 943, division 60, except for rules and definitions which are not
				applicable to the work of the Commission authorized in ORS 410-595-625 as
				follows:
(1)Each instance of "Oregon
			 Health Authority" or "Authority" means "Oregon Home Care Commission" or
			 "Commission."
(2) The following
			 rules, and subparts thereof, are not applicable:
(a)
									943-060-0010, definitions (2)(a) and (c),
			 (3)(a) through (o), and (8);
(b)
									943-060-0020;
(c) In 943-060-0050,
			 omit agreements under ORS
			 190.485,
			 190.112 and
			 660.342 (as renumbered to
			 660.334);
(d) 943-0060-0080;
(e)
									943-060-0090; and
(f)
									943-060-0110(1), (11), and
			 (12).
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in OAR chapter 418, division 40 establish the rules
				for the Homecare Choice Program administered by the Oregon Home Care
				Commission. The purpose of the program is to provide private pay individuals
				with access to the Commission's statewide Registry to hire employees to provide
				in-home services and to assist participants in meeting the legal
				responsibilities of being a household employer.
Stat. Auth.: ORS
				  410.602
Stats. Implemented: ORS
				  410.595-625
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abuse" means
			 "abuse" as defined in OAR 407-045-0260, 411-020-0002, 413-015-0115, and OAR
			 943-045-0250.
(2) "Active" means a
			 homecare or personal support worker has a current provider number and has
			 worked and been paid with public funds in any of the past 12 months as a
			 homecare or personal support worker.
(3) "Activities of Daily Living (ADLs)" means
			 daily self-care activities such as eating and feeding, dressing, grooming,
			 bathing, personal hygiene, mobility and movement, toileting and elimination,
			 cognitive and emotional support, and communication.
(4) "Background Check" means a criminal
			 records and abuse check conducted in accordance with OAR chapter 407, division
			 007.
(5) "Chargeback" means a
			 reversal of a credit card charge after an individual successfully disputes a
			 program charge on his or her credit card.
(6) "Commission" means the Oregon Home Care
			 Commission established and operated pursuant to Article XV, Section 11, of the
			 Oregon Constitution and ORS
			 410.595 to
			 410.625.
(7) "Communication" means assistance that
			 enables an individual to communicate with another person.
(8) "Companionship" means engaging a
			 participant in social, physical, and mental activities and includes, but is not
			 limited to, conversation, reading, games, hobbies, crafts, and accompanying the
			 participant during social activities and outings. Companionship also means
			 being present to monitor safety and well-being or to protect an individual who
			 requires assistance in caring for him or herself.
(9) "Continuing Education" means specific
			 minimum education requirements defined by the Commission.
(10) "Credit Card Refund" means a refund of
			 an unused account balance that is credited to the same credit card that
			 originated the payment.
(11)
			 "Department" means the Department of Human Services (DHS).
(12) "Enrollment Agreement" means the
			 program-specific document an individual must complete to be approved to
			 participate in the Homecare Choice Program.
(13) "FICA" is the acronym for the Social
			 Security payroll taxes collected under authority of the Federal Insurance
			 Contributions Act.
(14) "Fiscal
			 Improprieties" means a provider committed financial misconduct involving a
			 participant's money, property, or benefits. Fiscal improprieties include, but
			 are not limited to:
(a) Financial
			 exploitation, as defined in OAR 407-045-0260  and OAR 411-020-0002;
(b) Borrowing money from the participant;
(c) Taking a participant's
			 property or money;
(d) Having a
			 participant purchase items for the provider;
(e) Forging a participant's signature;
(f) Falsifying payment records;
(g) Claiming payment for hours not
			 worked; or
(h) Other similar acts
			 intentionally committed for financial gain.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0020 - Participant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 order to enroll as a participant in the Homecare Choice Program, an individual,
			 or the individual's representative, must:
(a)
			 Complete a self-assessment developed by the Oregon Home Care Commission.
(b) Enter into a written service
			 plan with a Homecare Choice provider before the commencement of services.
(c) Pay the Commission in advance
			 for services.
(d) Be able to
			 comply with state and federal wage and tax laws and recordkeeping requirements
			 by completing, submitting, and retaining necessary documents provided by the
			 fiscal intermediary contracted by the Commission.
(e) Complete a Homecare Choice Program
			 enrollment agreement.
(f) Provide
			 information, when requested, for workers' compensation claims related to the
			 individual's provider.
(g) Be able
			 and willing to effectively manage and direct homecare services by performing
			 the functions of an employer, including:
(A)
			 Locating, screening, and hiring a qualified provider.
(B) Evaluating whether the provider has the
			 skills and abilities to meet the individual's specific service needs.
(C) Assigning and directing the
			 provider's work.
(D) Supervising
			 and training the provider.
(E)
			 Scheduling the providers' work, leave, and coverage.
(F) Tracking the hours worked and validating
			 the authorized hours were completed by the provider.
(G) Recognizing, discussing, and attempting
			 to correct any performance deficiencies with the provider.
(H) Discharging an unsatisfactory provider.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0030 - Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Services
			 available through the Homecare Choice Program are intended to support a
			 participant in the participant's home and in the community. Services are
			 identified by the participant through a self-assessment developed by the Oregon
			 Home Care Commission.
(2) The
			 program is responsible to review the results of an individual's self-
			 assessment with the participant or the participant's representative and provide
			 information about the scope of services offered through the program, the
			 long-term care services and supports not available through the program, and
			 other community resources that are available to individuals seeking long-term
			 care services and supports.
(3)
			 The service plan is determined by the participant based on the participant's
			 self-assessment and the participant or the participant's representative
			 determines the number of purchased service hours per service period.
(4) Services are performed by providers
			 enrolled in the Homecare Choice Program based on the service plan. Providers
			 are selected by the participant from the Oregon Home Care Commission's
			 Registry.
(5) Services available
			 through the Homecare Choice Program include assistance with:
(a) Activities of Daily Living (ADLs).
(b) Instrumental Activities of
			 Daily Living (IADLs).
(c) Pet
			 care.
(d) Companionship.
(e) Relief Care.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0040 - Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Provider Enrollment:
(a) ENROLLMENT
			 STANDARDS. To be enrolled as a provider in the Homecare Choice Program a
			 provider must meet the following standards:
(A) Submit a completed application and
			 provider enrollment agreement to the Oregon Home Care Commission.
(B) Possess an active, unrestricted homecare
			 or personal support worker provider number issued by DHS or OHA.
(C) Have completed the background check
			 process described in OAR 407-007-0200  to 407-007-0370  as a homecare or personal
			 support worker with an outcome of approved. A background recheck must occur at
			 least every two years or sooner, if requested.
(D) Complete Homecare Choice Program
			 orientation.
(E) Be 18 years of
			 age or older without exception.
(F) Possess a Social Security Number that
			 matches the individual's legal name, as verified by the Internal Revenue
			 Service or Social Security Administration.
(G) Be legally eligible to work in the United
			 States.
(H) Have sufficient
			 communication and language skills to enable him or her to perform duties and
			 interact effectively with participants and Commission staff.
(I) Be capable of performing essential
			 functions to safely provide necessary services or be capable of learning
			 essential functions to safely provide necessary services, as determined by the
			 individual or his or her representative.
(J) Immediately report abuse or suspected
			 abuse to DHS.
(K) Maintain
			 confidentiality and safeguard the participant and the participant's family's
			 information.
(L) Not be listed on
			 the Health and Human Services, Office of Inspector General or the U.S. General
			 Services Administration's Exclusion lists.
(M) Complete and pass an on-line readiness
			 assessment. The readiness assessment includes, but is not limited to, concepts
			 on:
(i) Effective communication skills;
(ii) Professional boundaries;
(iii) Preventing fraud and abuse;
(iv) Problem solving;
(v) Universal precautions and disease
			 prevention;
(vi) Proper body
			 mechanics; and
(vii) Medication
			 safety.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0050 - Participant and Provider Employment Relationship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The relationship between a provider and a
			 program participant is that of employee and employer. Participants are required
			 to meet the employer responsibilities described in OAR
			 418-040-0020(1)(g)(A)-(H).
(2)
			 Homecare Choice providers are not state employees and are not entitled to state
			 funded benefits, including participation in the Public Employees Retirement
			 System or the Oregon Public Service Retirement Plan.
(3) Participants must establish the terms of
			 an employment relationship with a provider at the time of hire.
(a) The terms of employment may include
			 dismissal or resignation notice, work scheduling, absence reporting, and
			 whether sleeping arrangements or meals are provided to employees.
(b) A participant has the right to terminate
			 an employment relationship with a provider at any time and for any reason.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0060 - Homecare Choice Program Service Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission shall establish the
			 service rate charged to program participants for homecare services at a level
			 expected to generate total revenue sufficient to reimburse up to 107 percent of
			 the costs associated with the program. The rate equals the actual costs
			 incurred plus seven percent of the cost of administering the program and may
			 include, but is not limited to:
(a) Homecare
			 Choice Provider wages, taxes, and benefits:
(A) Federal Unemployment Tax Act (FUTA);
(B) State Unemployment Tax
			 Authority (SUTA);
(C) Workers'
			 Compensation Assessment;
(D)
			 Health insurance; and
(E) Paid
			 time off.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0070 - Suspension or Reduction of Homecare Choice Program Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
If the Commission, with the assistance of DHS, determines the
				available provider workforce is inadequate to meet the needs of those who
				qualify for Medicaid funded in-home services, the Commission may suspend or
				reduce the number of provider referrals under the Homecare Choice
				Program.
Stat. Auth.: ORS
				  410.602
Stats. Implemented: ORS
				  410.595-625
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0080 - Fiscal Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Oregon Home Care Commission Fiscal Responsibilities.
(a) The Commission shall establish the
			 Homecare Choice provider wage rate.
(b) The Commission may contract with a fiscal
			 intermediary for the following responsibilities:
(A) Making payments to Homecare Choice
			 providers on behalf of participants for services rendered. Payment is
			 considered payment in full.
(B)
			 Acting on behalf of participants, by applying applicable Federal Insurance
			 Contributions Act (FICA) regulations, to:
(i)
			 Withhold Homecare Choice provider contributions from payments; and
(ii) Submit participant contributions, and
			 the amounts withheld from provider payments, to the Social Security
			 Administration.
(C)
			 Applying standard income tax withholding practices in accordance with  26 CFR 31
			  and withholding state and federal income taxes on all payments to Homecare
			 Choice providers.
(c)
			 The Commission will issue a refund of a participant's unused service payment
			 after all expenses of the participant have been paid. The portion of the
			 service payment intended to reimburse the Commission for its costs shall not be
			 refunded.
(A) Refunds may only be issued to
			 the individual who authorized the original payment.
(B) Refunds shall not be issued in cash.
(d) The Commission is
			 not a trustee and has no fiduciary obligation to the participant or payer with
			 respect to advance service payments.
(e) Advance payments may be comingled with
			 other advance payments from participants in the Homecare Choice Program, but
			 will be accounted for separately in the records of the Commission. The
			 participant, or payer, is not entitled to any interest earnings on the funds
			 and no interest will be credited to the participant or payer, or paid in the
			 event of a refund.
(f) The state
			 will honor a garnishment or attachment of the participant's or payer's advance
			 payment in the event it is served with a writ.
(g) If funds are not available to pay a
			 provider because the Commission is required to hold or transfer funds under a
			 legal proceeding involving the participant, or payer, participant's
			 participation in the Homecare Choice program will be terminated as provided for
			 in OAR 418-040-0020.
Oregon Administrative Rules › Chapter 418 - DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION › Division 40 - HOMECARE CHOICE PROGRAM › Section 418-040-0090 - Provider Termination and Hearing Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission delegates authority to the
			 Executive Director of the Oregon Home Care Commission to act on behalf of the
			 Commission for the purposes of making decisions related to a provider's
			 eligibility to provide services under the Homecare Choice Program. This
			 includes:
(a) Provider enrollment;
(b) Denial or revocation of provider
			 enrollment; and
(c) Provider
			 sanctions, which may include, suspension of Registry referrals.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 50 - HEARINGS - ADULT ABUSE › Section 419-050-0000 - Requesting a Contested Case Hearing of Substantiated Abuse Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to contested case
			 hearings on substantiated adult abuse findings made by the Department's Office
			 of Training, Investigation and Safety (OTIS) or the Department designees
			 (Community Mental Health Programs or Community Developmental Disabilities
			 Programs) under OAR chapter 419, divisions 100, 110 and 120.
(2) Contested case proceedings under this
			 rule are conducted in accordance with the Attorney General's model rules in OAR
			 chapter 137, division 003, except to the extent that OAR chapter 419, divisions
			 100, 110 and 120 are permitted to and provide for different
			 procedures.
(3) A contested case
			 hearing under this rule is not open to the public and is closed to
			 nonparticipants, except nonparticipants may attend subject to the consent of
			 the parties and the Department, and must adhere to applicable confidentiality
			 laws.
(4) An Accused Person or
			 Accused Provider (AP) who receives a Notice of Abuse Determination under OAR
			 chapter 419, divisions 100, 110 and 120 on or after March 1, 2019 may challenge
			 that notice by filing a written, timely request for a contested case hearing.
			 The request must be postmarked to the Department of Human Services, Office of
			 Training, Investigations and Safety, 201 High Street, Salem, Oregon within 30
			 calendar days of the date of the Notice of Abuse Determination.
(5) The Department may dismiss a request for
			 hearing as untimely if the AP's written explanation for missing the hearing
			 request deadline does not meet the criteria in OAR 137-003-0528(2) and (3)  for
			 either a hearing on the merits or a limited contested case hearing about the
			 reasons for missing the deadline.
(6) An AP or their legal representative may
			 withdraw a request for hearing at any time before a final order has been issued
			 in the contested case.
(a) The Department or
			 the Office of Administrative Hearings (OAH) will send an order confirming the
			 withdrawal of a hearing request to the last known address of the AP.
(b) The AP or their legal representative may
			 cancel the withdrawal if a written cancellation of the withdrawal is sent to
			 the Department hearing representative and postmarked no later than 10 business
			 days following the date of the order confirming the withdrawal.
(c) A late cancellation of a withdrawal may
			 be considered if the written cancellation of the withdrawal is sent the
			 Department hearing representative and postmarked within the deadline set out in
			 OAR 137-003-0675(1)  following the date of the order confirming the
			 withdrawal.
(d) The Department will
			 allow the late cancellation of a withdrawal filed within the deadline set out
			 in OAR 137-003-0675(1)  if the deadline to cancel the withdrawal was missed due
			 to circumstances beyond the control of the AP.
Oregon Administrative Rules › Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY › Division 50 - HEARINGS - ADULT ABUSE › Section 419-050-0010 - Lay Representation in Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to the approval of the Attorney General, an officer or employee of the
			 Department is authorized to appear on behalf of the Department in a contested
			 case hearing conducted by the Office of Administrative Hearings under OAR
			 419-050-0000.
(2) A Department
			 officer or employee acting as the Department's representative may not make
			 legal argument on behalf of the Department.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the Department to
			 hear the contested case;
(B) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirement to the Department; and
(C) The application of court precedent to the
			 facts of the particular contested case proceeding.