reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0007 - Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies shall
			 be classified according to the services provided (see Table 1). An agency shall
			 be classified as:
(a) Limited: An agency that
			 provides personal care services that may include medication reminding but does
			 not provide medication assistance, medication administration, or nursing
			 services;
(b) Basic: An agency that
			 provides personal care services that may include medication reminding and
			 medication assistance but does not provide medication administration or nursing
			 services;
(c) Intermediate: An
			 agency that provides personal care services that may include medication
			 reminding, medication assistance and medication administration but does not
			 provide nursing services; or
(d)
			 Comprehensive: An agency that provides personal care services that may include
			 medication reminding, medication assistance, medication administration and
			 nursing services.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0010 - Application for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 agency that establishes, conducts, or represents itself to the public as
			 providing in-home care services must be licensed by the Authority and must
			 comply with ORS
			 443.305 through
			 443.355 and these rules. The provisions of ORS
			 443.305 through
			 443.355 do not apply to:
(a) Organizations licensed,
			 registered or certified under ORS
			 101.030,
			 410.495,
			 443.410,
			 443.485,
			 443.725,
			 443.860,
			 or
			 443.886;
(b) Independent individuals, volunteers,
			 family, neighbors, or to agencies offering only housekeeping or on-call
			 staffing for facilities, or to support services provided and funded by the
			 Oregon Department of Human Services (ODHS);
(c) A hospice program licensed under ORS
			 443.860 that is providing palliative care as that term is defined in ORS
			 413.273;
			 or
(d) Entities that provide
			 referral or matching services that link in-home care services with clients are
			 not required to be licensed under these rules, unless they do one or more of
			 the following:
(A) Schedule caregivers (as
			 defined in OAR 333-536-0005);
(B)
			 Assign work;
(C) Assign
			 compensation rates;
(D) Define
			 working conditions;
(E) Negotiate
			 for a caregiver or client for the provision of services; or
(F) Place a caregiver with a
			 client.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0015 - Review of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
In reviewing an application for an agency or subunit license,
				the Authority shall:
(1) Confirm
			 receipt of required fee and determine that the initial application is
			 complete;
(2) Conduct a survey in
			 accordance with OAR 333-536-0041; and
(3) Assess compliance with these rules and
			 ORS
			 443.305 through
			 443.355.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.315  & 443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0021 - Approval of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority shall notify an applicant
			 in writing if a license application is approved.
(2) A license shall be issued only for an
			 agency and person(s) named in the application and may not be transferred or
			 assigned. An agency that has a change of ownership at a time other than annual
			 renewal shall submit the information in writing on a form approved by the
			 Authority and include the fee specified in ORS
			 443.315.
(3) The license shall be conspicuously posted
			 in an office that is viewable by the public.
Statutory/Other Authority: ORS
				  443.315  & 443.340
Statutes/Other Implemented: ORS
				  443.315,
				  443.340 &
				  443.325
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0023 - Denial of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
If the Authority intends to deny a license application, it
				shall issue a Notice of Proposed Denial of License Application in accordance
				with ORS
				183.411 through
				183.470.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.325
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0025 - Expiration and Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
Each license to operate an agency shall expire 12 months from
				the date of issue. If renewal is desired, the licensee shall make application
				at least 30 days prior to the expiration date upon a form prescribed by the
				Authority.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.315  - 443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0033 - Denial, Suspension or Revocation of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may impose a civil penalty
			 or deny, suspend or revoke an agency license when an agency fails to comply
			 with ORS
			 443.011,
			 443.305 through
			 443.355 or these rules, including but not limited to an owner or administrator of the
			 agency permitting, aiding or abetting any illegal act affecting the welfare of
			 the client.
(2) The Authority may
			 deny, suspend or revoke the license of any agency for failure to comply with
			 ORS
			 443.004.
(3) A failure to comply with ORS
			 443.011,
			 443.305 through
			 443.355 includes but is not limited to:
(a) Failure
			 to provide a written disclosure statement to a client or a client's
			 representative prior to in-home care services being rendered;
(b) Failure to provide the contracted in-home
			 care services;
(c) Failure to
			 correct deficiencies identified during an Authority inspection or complaint
			 investigation; or
(d) A
			 demonstrated pattern, over the previous five years, of significant and
			 substantiated violations of:
(A) Employment
			 or wage laws in this state:
(i) By an agency
			 licensee as an employer of staff in an in-home care agency; or
(ii) By an applicant for an agency license in
			 any business owned or operated by the applicant; or
(B) Caregiver training requirements as
			 described in these rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0035 - Return of Agency License

Current through Register Vol. 63, No. 7, July 1, 2024
Each license certificate in the licensee's possession shall be
				returned to the Authority immediately upon the suspension or revocation of the
				license, failure to renew the license by the date of expiration, or if
				operation is discontinued by the voluntary action of the licensee.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0041 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 shall, in addition to any investigations conducted pursuant to OAR
			 333-536-0043, conduct at least one survey of each agency prior to services
			 being rendered and once every two years thereafter in accordance with ORS
			 443.315 as a requirement of licensing and at such other times as the Authority deems
			 necessary.
(2) The Authority shall
			 notify the agency owner and administrator no less than 72 hours prior to the
			 date of an initial or biennial licensing survey.
(3) In lieu of an on-site inspection required
			 by section (1) of this rule, the Authority may accept a certification or
			 accreditation from a federal agency or an accrediting body approved by the
			 Authority that state licensing standards have been met if an agency:
(a) Notifies the Authority to participate in
			 any exit interview conducted by the federal agency or accrediting body;
			 and
(b) Provides copies of all
			 documentation concerning the certification or accreditation requested by the
			 Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0042 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 make a complaint verbally or in writing to the Authority regarding an
			 allegation as to the care or services provided by an agency or violations of
			 in-home care agency laws or regulations.
(2) The identity of a person making a
			 complaint and any personally identifiable information, as that is defined in
			 ORS
			 432.005, is
			 confidential and not subject to disclosure under ORS
			 192.311 to
			 192.478.
(3) Upon conclusion of an investigation, the
			 Authority may publicly release a report of its findings but may not include
			 information in the report that could be used to identify the complainant or any
			 client of an agency. The Authority may use any information obtained during an
			 investigation in an administrative or judicial proceeding concerning the
			 licensing of an agency.
(4) An
			 employee with knowledge of a violation of law or rules of the Authority shall
			 use the reporting procedures established by an agency before notifying the
			 Authority or other state agency of the inappropriate care or violation, unless
			 the employee:
(a) Believes a client's health
			 or safety is in immediate jeopardy; or
(b) Files a complaint in accordance with
			 section (1) of this rule.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0043 - Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An unannounced
			 complaint investigation shall be carried out as soon as practicable and may
			 include, but is not limited to:
(a) Interviews
			 of the complainant, caregivers, clients, a client's representative, a client's
			 family members, witnesses, and agency management and staff;
(b) On-site observations of the client(s),
			 staff performance, client environment; and
(c) Review of documents and
			 records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0045 - Services Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The services
			 provided by an agency must include the safe provision of or assistance with,
			 personal care tasks related to one or more of the following:
(a) Bathing;
(b) Personal grooming and hygiene;
(c) Dressing;
(d) Toileting and elimination;
(e) Mobility and movement;
(f) Nutrition/hydration and
			 feeding;
(g) Tasks related to care
			 of the client's physical body, such as foot or nail care;
(h) Medication reminding.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0050 - Organization, Administration, and Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency shall clearly set forth in
			 writing the organization, services provided, administrative control, and lines
			 of authority and responsibility from the owner to the client-care level.
(a) An agency shall not assign administrative
			 and supervisory functions to another agency or organization.
(b) An agency shall control and be
			 responsible for all services provided.
(c) An agency shall be required to maintain
			 administrative and professional oversight to ensure the quality of services
			 provided.
(d) All agency records
			 must be kept separate and distinct from other business entities.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0051 - Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An agency shall develop, implement and enforce written policies
				and procedures that include, but are not limited to:
(1) Administrative operations;
(2) Personnel operations, including but not
			 limited to:
(a) Requirements for traveling
			 with a client;
(b) Reporting
			 requirements if a client's condition changes while traveling outside the
			 geographic service area;
(c) Client
			 care practices including personal care services provided;
(d) Investigation of any complaint,
			 grievance, adverse event, provision of personal care, medication or treatment
			 error, and allegation of abuse or neglect;
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0053 - Personnel Records

Current through Register Vol. 63, No. 7, July 1, 2024
The agency shall maintain a personnel record for each
				caregiver, nursing staff member, and employee which shall include at a minimum
				the following:
(1) Documentation of
			 pre-employment screening including but not limited to application, interview,
			 and reference checks;
(2)
			 Documentation that a criminal records check and fitness determination were
			 conducted in accordance with OAR 333-536-0093, if applicable.
(a) The agency must ensure that a criminal
			 records check has been conducted on all subject individuals as defined in OAR
			 333-536-0093.
(b) If the screening
			 indicates that a subject individual has been convicted for crimes against an
			 individual or property, the agency shall conduct and document a determination
			 of the individual's fitness to provide care to clients in accordance with OAR
			 333-536-0093.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0055 - Disclosure, Screening, and Acceptance of Clients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency shall only accept or retain
			 clients for services for whom it can ensure the following:
(a) The agency has the capability to meet the
			 in-home care needs of the client;
(b) The agency employs a sufficient number of
			 trained and competent staff and has adequate resources to provide the requested
			 or needed services; and
(c) The
			 agency is able to coordinate its services with the care and services provided
			 by other organizations and individuals to the client.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0060 - Clients' Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency
			 owner, administrator, administrator's designee, or administrator's delegate
			 shall ensure that the agency recognizes and protects the following rights of
			 each client:
(a) The right to be treated with
			 dignity and respect;
(b) The right
			 to be free from theft, damage, or misuse of one's personal property;
(c) The right to be given the informed choice
			 and opportunity to select or refuse service and to accept responsibility for
			 the consequences;
(d) The right to
			 be free from neglect of care, verbal, mental, emotional, physical, or sexual
			 abuse;
(e) The right to be free
			 from financial exploitation;
(f)
			 The right to be free from physical and chemical restraints;
(g) The right to voice grievances or
			 complaints regarding services or any other issue without discrimination or
			 reprisal for exercising such rights;
(h) The right to be free from discrimination
			 as to race, ethnicity, color, national origin, gender identification, sexual
			 orientation, disability or religion.
(i) The right to participate in planning of
			 the services and care to be furnished, any changes in the services and care,
			 the frequency of visits, and cessation of services;
(j) The right to have access to his or her
			 client record;
(k) The right to
			 have client information and records confidentially maintained by the agency;
(L) The right to be advised in
			 writing, before care is initiated, of the charges for the services to be
			 furnished, and the amount of payment that will be required from the
			 client;
(m) The right to a written
			 30-day notice of termination of services by the agency that specifies the
			 reason(s) for the termination with the following exceptions:
(A) The right to immediate oral or written
			 notice of termination of services by the agency at the time the agency
			 determines that the safety of its staff or the client cannot be ensured. If
			 oral notice is given, the agency must also subsequently provide the client a
			 written confirmation of the oral notice of termination of services.
(B) The right to a written 48-hour notice of
			 termination of services by the agency in the event of non-payment in accordance
			 with the agency's disclosed payment requirements.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0065 - Service Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For clients
			 receiving any service(s) described in OAR 333-536-0045, the service(s) provided
			 shall be in accordance with a written service plan developed in collaboration
			 with a client or the client's representative based on the client's or the
			 client's representative's request and an agency evaluation of the client. The
			 service plan must be consistent with the agency's capabilities.
(2) The agency administrator, administrator's
			 designee or administrator's delegate shall conduct and document an initial
			 evaluation of the client including but not limited to the client's physical,
			 mental and emotional needs. The evaluation must be dated, and signed by the
			 individual who conducted the evaluation, and maintained in the client's agency
			 record.
(3) The agency
			 administrator, administrator's designee, or administrator's delegate, in
			 collaboration with the client or the client's representative, shall complete a
			 written service plan within seven days after the initiation of services. The
			 service plan:
(a) May be developed and
			 maintained in electronic form;
(b)
			 Shall include a list of individuals participating in the development of the
			 plan; and
(c) Shall be signed and
			 dated when it is complete and acceptable to all individuals participating in
			 the development of the plan.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0066 - Initial Visit and Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The administrator, administrator's designee, or administrator's delegate must
			 conduct and document:
(a) An initial visit at
			 the client's residence within 30 days of the start of care to evaluate
			 compliance by the caregiver(s) with the service plan and to assess the client's
			 satisfaction. The initial visit must occur between the 7th and 30th day. An
			 initial visit is not required when:
(A) A
			 client cancels all service(s) on or before the 30th day;
(B) A client is residing in a nursing
			 facility or a hospital; or
(C) A
			 client refuses.
(D) The agency must
			 document in the client record why an initial visit was not conducted.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0070 - Caregiver Qualifications and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The services and care provided by an
			 agency shall be rendered by qualified and trained employees under the
			 supervision of the administrator or administrator's designee.
(2) All caregivers must receive all training
			 necessary to ensure the caregiver is able to competently provide the level of
			 care they will be assigned to provide, which may include training to the level
			 of classification type if the caregiver provides that level of care. The
			 services shall be provided as requested by the client or client's
			 representatives in accordance with these rules and the service plan.
(3) The agency owner or administrator shall
			 ensure that the agency has qualified and trained employees sufficient in number
			 to meet the needs of all clients receiving services.
(4) Caregivers must be at least 18 years of
			 age and shall have sufficient communication and language skills to enable them
			 to perform their duties and interact effectively with clients and other agency
			 staff.
(5) Caregivers shall
			 complete an agency-specific orientation, conducted by the agency administrator,
			 administrator's designee, or administrator's delegate before independently
			 providing services to clients. The orientation shall be a minimum of four
			 hours, obtained online or in person, and include, but not be limited to, the
			 following subject areas:
(a) Caregivers' job
			 description and requirements;
(b)
			 Clients' rights;
(c) Ethics,
			 including confidentiality of client information;
(d) An overview of the agency's policies and
			 procedures as specified in OAR 333-536-0051, with specific emphasis on the
			 following:
(A) Requirements for traveling with
			 a client, including reporting requirements if a client's condition changes
			 while traveling outside geographic service area;
(B) Client care practices including personal
			 care services provided;
(C) Client
			 notification requirements;
(D)
			 Infection control;
(E) Medical and
			 non-medical emergency response; and
(F) Medication reminding, medication
			 assistance and medication administration.
(e) A description of the services provided by
			 the agency;
(f) Assignment and
			 supervision of services;
(g)
			 Documentation of clients' needs and services provided;
(h) The roles of, and coordination with,
			 other community service providers;
(i) Information about what constitutes
			 medication reminding and its specific limitations; and
(j) Other appropriate subject matter based on
			 the needs of the special populations served by the agency.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0075 - Medication Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To provide
			 non-injectable medication services, an agency must:
(a) Be classified as basic, intermediate or
			 comprehensive;
(b) Provide
			 medication assistance or medication administration by persons who meet the
			 requirements of section (5) of this rule; and
(c) Provide medication services as requested
			 by the client or client's representative in accordance with these rules,
			 accepted standards of medication practice, and the service plan.
(d) Medication services does not include
			 medication reminding.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0080 - Nursing Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency
			 providing nursing services must:
(a) Be
			 classified as comprehensive;
(b)
			 Employ a registered nurse to provide nursing services;
(c) Only provide nursing services to a client
			 whose medical condition and health status is stable and predictable;
(d) Provide nursing services as requested by
			 a client or a client's representative in accordance with these rules, the
			 applicable administrative rules of the Oregon State Board of Nursing (OAR
			 chapter 851, division 047), and the client's service plan; and
(e) Ensure that nursing services are
			 documented in the client's service plan in accordance with OAR
			 333-536-0065.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0082 - Infection Control

Current through Register Vol. 63, No. 7, July 1, 2024
An agency shall develop an infection control program to prevent
				and control infections and communicable diseases. The program shall include at
				a minimum:
(1) Active surveillance,
			 identification, prevention, control and investigation of infectious and
			 communicable diseases;
(2)
			 Appropriate disposal of sharp instruments in accordance with OAR 333-056-0050;
(3) Development of policies and
			 procedures that include, at a minimum:
(a)
			 Standard precautions such as hand hygiene, respiratory hygiene and cough
			 etiquette, and personal protective equipment;
(b) Availability of personal protective
			 equipment and other equipment necessary to implement client service plans;
			 and
(c) Exposure to bloodborne
			 pathogens such as Hepatitis B and HIV and other potentially infectious agents;
			 and
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0085 - Client Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A client
			 record shall be maintained for every client served by an agency, unless the
			 client receives only housekeeping or support services, and shall be maintained
			 in the agency's office.
(2) A
			 legible, reproducible client record which is easily accessible and readily
			 available, shall include at least the following:
(a) Identification data;
(b) Referral;
(c) Start-of-service date;
(d) Disclosure documents and documentation
			 required by these rules;
(e)
			 Clients' rights documentation required by these rules;
(f) All client evaluation and assessment
			 documentation;
(g) Client service
			 plan and updates;
(h) Documentation
			 of all services provided, including daily caregiver notes recording a summary
			 of the tasks completed, observation of the client, and observed or reported
			 concerns;
(i) Service and financial
			 agreement signed by a client or a client's representative before the initiation
			 of services that specifies the services to be provided in accordance with the
			 service plan, and the costs for those services;
(j) End-of-services date; and
(k) End-of-service summary, including the
			 dates of service and the disposition of the client.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0090 - Quality Assessment and Performance Improvement

Current through Register Vol. 63, No. 7, July 1, 2024
An agency shall establish and maintain an effective, agency
				wide quality assessment and performance improvement program that evaluates and
				monitors the quality, safety and appropriateness of services provided by the
				agency, and shall include at a minimum:
(1) A method to identify, analyze and correct
			 adverse events, issues with infection control and other aspects of performance
			 relating to the care and services provided;
(2) A method to select and track quality
			 indicators by high risk, high volume, problem prone areas and by the effect on
			 client safety and quality of care;
(3) After an analysis of the causes for the
			 issues identified in section (1) of this rule, develop and implement an agency
			 wide preventive strategy to ensure staff are trained in and familiar with these
			 strategies;
(4) The quality
			 improvement activities shall be conducted by a committee comprised of, at a
			 minimum, agency administrative staff, an agency caregiver, and if the agency is
			 classified as an intermediate or comprehensive agency, an agency registered
			 nurse; and
(5) Quality improvement
			 activities shall be conducted and documented at least quarterly. Documentation
			 must include the meeting date, the meeting committee members and titles, and
			 meeting minutes that include requirements listed in sections (1), (2) and (3)
			 of this rule.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0093 - Criminal Records Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule, the following definitions apply:
(a) "Direct contact with" means to provide
			 in-home care services and includes meeting in person with a potential or
			 current client to discuss services offered by an agency or other matters
			 relating to the business relationship between an agency and client.
(b) "Disqualifying condition" means a
			 non-criminal personal history issue that makes an individual unsuitable for
			 employment, contracting or volunteering for an agency, including but not
			 limited to discipline by a licensing or certifying agency, or drug or alcohol
			 dependency.
(c) "Fitness
			 determination" means a decision made by an agency pursuant to the policy
			 established in accordance with section (5) of this rule, that a subject
			 individual is or is not fit to hold a position, paid or not paid, have direct
			 access, or otherwise provide services to a client.
(d) "Subject individual" (SI) means an
			 individual on whom an agency may conduct a criminal records check and from whom
			 an agency may require fingerprints for the purpose of conducting a national
			 criminal records check, including:
(A) An
			 employee or prospective employee;
(B) A temporary worker, volunteer or owner of
			 an agency who has direct contact with an agency client or potential client;
			 and
(C) A prospective temporary
			 worker, or volunteer or owner who may have direct contact with an agency
			 client.
(e) "Vendor"
			 means a researcher or company hired to provide a criminal records check on a
			 subject individual.
(f) "Weighing
			 test" means a process in which an agency considers available information to
			 make a fitness determination when an SI has potentially disqualifying
			 convictions or conditions.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0095 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While all
			 agencies are required to maintain continuous compliance with the Authority's
			 rules, these requirements do not prohibit the use of alternative concepts,
			 methods, procedures, techniques, equipment, facilities, personnel
			 qualifications or the conducting of pilot projects or research. Requests for
			 exceptions to the rules must:
(a) Be
			 submitted to the Authority in writing;
(b) Identify the specific rule for which an
			 exception is requested;
(c)
			 Indicate the special circumstances relied upon to justify the
			 exception;
(d) Identify what
			 alternatives were considered, if any, and why alternatives (including
			 compliance) were not selected;
(e)
			 Demonstrate that the proposed exception is desirable to maintain or improve the
			 health and safety of the clients, and will not jeopardize client health and
			 safety; and
(f) Identify the
			 proposed duration of the exception.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0105 - Operating Without a License

Current through Register Vol. 63, No. 7, July 1, 2024
If an agency is found to be operating without a valid license,
				the agency must, within 14 days of the receipt of an injunction obtained by the
				Authority pursuant to ORS
				443.327:
(1) Inform its clients that the agency can no
			 longer provide services;
(2) Refund
			 all fees collected from the clients for services not rendered; and
(3) Cease providing services to
			 clients.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.315,
				  443.325,
				  443.327  & 443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0110 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any law that governs an
				agency, it is a violation to:
(1)
			 Refuse to cooperate with an investigation or survey, including but not limited
			 to failure to permit Authority staff access to the agency, its documents or
			 records;
(2) Fail to implement an
			 approved plan of correction;
(3)
			 Refuse or fail to comply with an order issued by the Authority;
(4) Refuse or fail to pay a civil
			 penalty;
(5) Fail to comply with
			 rules governing the storage of records following the closure of an
			 agency;
(6) Fail to report
			 suspected abuse of elderly persons as defined in ORS
			 124.050;
(7) Fail to return a license as provided in
			 OAR 333-536-0035;
(8) Operate
			 without a license.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.315  & 443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0117 - Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 during an investigation or survey Authority staff document violations of
			 in-home care licensing rules or laws, the Authority may issue a statement of
			 deficiencies that cites the law or rule alleged to have been violated and the
			 facts supporting the allegation.
(2) Upon receipt of a statement of
			 deficiencies, an agency shall be provided an opportunity to dispute the
			 Authority's survey findings but must still comply with sections (3) and (4) of
			 this rule.
(a) If an agency desires an
			 informal conference to dispute the Authority's survey findings, the agency
			 shall advise the Authority in writing within 10 business days after receipt of
			 the statement of deficiencies. The written request must include a detailed
			 explanation of why the agency believes the statement of deficiencies is
			 incorrect.
(b) An agency may not
			 seek a delay of any enforcement action against it on the grounds the informal
			 dispute resolution has not been completed.
(c) If an agency is successful in
			 demonstrating the deficiencies should not have been cited, the Authority shall
			 reissue the statement of deficiencies, removing such deficiencies and
			 rescinding or modifying any remedies issued for such deficiencies. The reissued
			 statement of deficiencies shall state that it supersedes the previous statement
			 of deficiencies and shall clearly identify the date of the superseded statement
			 of deficiencies.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0120 - Formal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 during an investigation or survey Authority staff document a substantial
			 failure to comply with in-home care licensing laws or rules, or if an agency
			 fails to pay a civil penalty imposed under ORS
			 443.325 and these rules, the Authority may issue a Notice of Proposed Suspension or
			 Notice of Proposed Revocation in accordance with ORS
			 183.411 through
			 183.470.
(2) The Authority may issue a Notice of
			 Imposition of Civil Penalty for violations of in-home care licensing
			 laws.
(3) At any time the Authority
			 may issue a Notice of Emergency License Suspension under ORS
			 183.430(2).
(4) If the Authority revokes an agency
			 license, the order shall specify when, if ever, the agency may reapply for a
			 license.
(5) The Authority may
			 reissue an agency license that has been suspended or revoked after the
			 Authority determines that compliance with these rules has been
			 achieved.
Statutory/Other Authority: ORS
				  443.340
Statutes/Other Implemented: ORS
				  443.315,
				  443.325  & 443.340
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 536 - IN-HOME CARE AGENCIES › Section 333-536-0125 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency
			 that violates in-home care laws or rules, an administrative order, or
			 settlement agreement is subject to the imposition of a civil penalty not to
			 exceed $1,000 per violation and may not total more than $2,000.
(2) An individual who operates an agency
			 without a license is subject to the imposition of a civil penalty not to exceed
			 $500 a day per violation.
(3) In
			 determining the amount of a civil penalty, the Authority shall consider
			 whether:
(a) The Authority made repeated
			 attempts to obtain compliance;
(b)
			 The licensee has a history of non-compliance with in-home care licensing laws
			 and rules;
(c) The violation poses
			 a serious risk to the public's health; and
(d) There are mitigating factors, such as a
			 licensee's cooperation with an investigation or actions to come into
			 compliance.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0005 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish minimum standards for the operation and licensure of caregiver
			 registries.
(2) A caregiver
			 registry may provide services in addition to establishing and maintaining a
			 list of qualified private contractor caregivers, but these rules do not govern
			 those additional services.
(3) A
			 caregiver registry may be subject to additional licensure requirements if it
			 qualifies as an in-home care agency, home health agency, or referral agency as
			 defined in ORS 443.005 and 443.305.
(4) A caregiver registry may not employ or
			 compensate, directly or indirectly, caregivers placed on its list, schedule
			 caregivers although they may maintain calendars that track caregiver
			 availability and for referral fee purposes, assign a caregiver to a client,
			 define working conditions, or negotiate for a caregiver or client for the
			 provision of services.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS
				  443.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, the following definitions
				apply:
(1) "Abuse":
(a) As it applies to an adult, includes but
			 is not limited to:
(A) Any physical injury
			 caused by other than accidental means, or that appears to be at variance with
			 the explanation given of the injury.
(B) Neglect that leads to physical harm
			 through withholding of services necessary to maintain health and
			 well-being.
(C) Abandonment,
			 including desertion or willful forsaking of a person or the withdrawal or
			 neglect of duties and obligations owed a person.
(D) Willful infliction of physical pain or
			 injury.
(E) Use of derogatory or
			 inappropriate names, phrases or profanity, ridicule, harassment, coercion,
			 threats, cursing, intimidation or inappropriate sexual comments or conduct of
			 such a nature as to threaten significant physical or emotional harm to a
			 person.
(F) Wrongfully taking or
			 appropriating money or property, of knowingly subjecting a person to harm by
			 conveying a threat to wrongfully take or appropriate money or property, which
			 threat reasonably would be expected to cause the person to believe that the
			 threat will be carried out.
(G)
			 Sexual contact with a non-consenting person or with a person considered
			 incapable of consenting to a sexual act as described in ORS 163.315. As used in
			 this paragraph, "sexual contact" has the meaning given that term in ORS
			 163.305.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0015 - Application for Caregiver Registry License; Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not establish, conduct or
			 maintain a caregiver registry, or represent to the public that the person is a
			 caregiver registry, without first obtaining a caregiver registry license from
			 the Division.
(2) A person shall
			 apply for a license on a form prescribed by the Division and shall include:
(a) The applicable fee, including fees for
			 subunits, as applicable; and
(b)
			 Forms and fingerprints if requested by the Division, to enable the Division to
			 conduct a criminal background check on the owner and manager of the caregiver
			 registry and any subunits.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0020 - Licensure Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fee for a
			 new caregiver registry license is $1,500, plus an additional $750 for each
			 subunit.
(2) The fee for renewal of
			 a caregiver registry license is $750, plus $750 for each additional
			 subunit.
(3) If the ownership of a
			 caregiver registry changes at a time other than the annual renewal date, the
			 new owner's caregiver registry licensure fee shall be $350, plus $350 for each
			 additional subunit.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS
				  443.035
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0025 - Caregiver Registry Organization, Administration, and Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A caregiver
			 registry shall have written policies and procedures that include but are not
			 limited to:
(a) The organization of the
			 Registry;
(b) Services provided by
			 the Registry;
(c) The relationship
			 between the caregiver registry and caregivers placed on the registry;
(d) Fees charged to caregivers and
			 clients;
(e) Selection of
			 caregivers for placement on the registry and for removal from the
			 registry;
(f) A process for
			 ensuring that a caregiver has satisfied basic competency requirements and has
			 the necessary education, skills and training to provide the level of care the
			 caregiver proposes to offer to clients;
(g) Procedures for conducting criminal
			 background checks on caregivers, including a description of criminal
			 convictions that disqualifies a caregiver from being placed on the registry, in
			 accordance with OAR
			 333-540-0035;
(h) A process for dealing with a complaint
			 from a client, a member of a client's family, or a client's representative,
			 about a caregiver or the caregiver registry;
(i) A process for reporting suspected abuse
			 or neglect of a client to the Division and other appropriate agencies;
			 and
(j) Record keeping, including
			 physical security of documents and record confidentiality.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0030 - Requirements for Placement on Caregiver Registry; Continuing Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to be
			 placed on a caregiver registry a caregiver must be at least 18 years of age and
			 have sufficient communication and language skills to enable them to perform
			 their duties and interact effectively with clients and registry
			 staff.
(2) A caregiver registry
			 shall, prior to placing a caregiver on its registry:
(a) Conduct a criminal background check in
			 accordance with OAR
			 333-540-0035;
(b) Verify the caregiver's licensure status,
			 if applicable, with the appropriate licensing agency;
(c) Conduct a face-to-face interview with the
			 individual;
(d) Obtain at least two
			 satisfactory references for the individual that the individual has worked for
			 within the past five years; and
(e)
			 Ensure that the caregiver has satisfied basic competency requirements and has
			 the necessary education, skills and training to provide the level of care the
			 caregiver proposes to offer to clients.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0035 - Criminal Background Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 caregiver registry shall, prior to placing a caregiver on its registry, conduct
			 or arrange for a criminal background check through the Oregon state police or a
			 private vendor.
(2) If the criminal
			 background check or other information obtained by a caregiver registry
			 indicates a caregiver has been convicted of a crime against a person or
			 property that reasonably raises questions about the ability of that caregiver
			 to safely provide caregiver services, the caregiver registry shall notify the
			 individual in writing that they have been found unfit to be placed on the
			 registry.
(3) A caregiver registry
			 shall keep the information obtained from criminal background checks
			 confidential and use it solely to determine a caregiver's eligibility to be
			 placed on the registry.
(4) A
			 caregiver registry shall perform a criminal background check on a caregiver
			 placed on the registry every three years.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS
				  443.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0040 - Caregiver Registry Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 caregiver registry shall:
(a) Keep records
			 for each caregiver placed on the registry including, but not limited to:
(A) Documentation of the required criminal
			 background check;
(B) Documentation
			 of satisfactory references;
(C)
			 Documentation that the caregiver has satisfied basic competency requirements
			 and has the necessary education, skill and training to provide the services
			 proposed to be offered to clients;
(D) Documentation that the caregiver received
			 the caregiver registry's orientation;
(E) Documentation of continuing
			 education;
(F) Documentation of
			 licensure status, if applicable;
(G) A copy of picture identification;
			 and
(H) Upon acceptance to the
			 registry, and every three years afterwards, proof of current driver's license
			 and auto insurance for any caregiver who provides transportation services for
			 clients.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0045 - Caregiver Registry Disclosure Statements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A caregiver registry shall provide a
			 disclosure statement to:
(a) A caregiver,
			 prior to placing a caregiver on the registry; and
(b) To a client who intends to hire a
			 caregiver from the caregiver registry, as soon as a caregiver registry is
			 notified that a caregiver may be hired.