Or. Admin. R. 411-340-0070 - Personnel Policies and Practices
(1) A brokerage must maintain up-to-date
written position descriptions for all staff as well as a personnel file for
each employee, available to the Department , the Oregon Health Authority, or
other appropriate authority for inspection, that includes written documentation
of all of the following:
(a) Reference checks
and confirmation of qualifications prior to hire.
(b) An approved background check completed by
the Department in accordance with OAR 407-007-0200 through 407-007-0370 and ORS
181A.200.
(c) Satisfactory completion of basic
orientation , including instructions for mandatory abuse reporting and training
specific to intellectual or developmental disabilities and skills required to
carry out assigned work if the employee is to provide direct assistance to
individuals.
(d) Employee
notification of mandatory reporter status.
(e) Any founded report of child abuse or
substantiated adult abuse.
(f) Any
complaints filed against the employee and the results of the complaint process,
including any disciplinary action.
(g) Legal eligibility to work in the United
States.
(2) An employee
providing direct assistance to individuals must be at least 18 years of age and
capable of performing the duties described in a current position description
signed and dated by the employee.
(3) An application for employment at a
brokerage must inquire whether an applicant has had any founded report of child
abuse or substantiated adult abuse.
(4) An employee of a brokerage , or any
subject individual as defined in OAR 407-007-0210, who has or will have contact
with an eligible individual of support services, must have an approved
background check in accordance with OAR 407-007-0200 through 407-007-0370 and
ORS 181A.200.
(5) A person may not be employed by a
brokerage if the person has been convicted of a disqualifying crime in ORS
443.004.
(6) Section (5) of this rule does not apply
to employees of a brokerage who were hired prior to July 28, 2009 and remain in
the current position for which the employee was hired.
(7) A brokerage regulated by these rules must
be a drug-free workplace.
(8)
BROKERAGE DIRECTOR.
(a) A brokerage must
employ a full-time brokerage director who is responsible for the daily
operations of the brokerage in compliance with these rules and who has
authority to make budget, staffing, policy, and procedural decisions for the
brokerage .
(b) In addition to the
general staff qualifications in sections (1) and (2) of this rule, a brokerage
director must have one of the following:
(A) A
minimum of a bachelor's degree and two years of experience, including
supervision, in the field of intellectual or developmental disabilities, social
services, mental health, or a related field.
(B) Six years of experience, including
supervision, in the field of intellectual or developmental disabilities, social
services, or mental health.
(c) A brokerage director must complete core
competencies for case management within the first year of entering into the
position.
(9) PERSONAL
AGENTS.
(a) A personal agent must meet the
qualifications for a case manager as described in OAR 411-415-0040.
(b) A brokerage must submit a written
variance request to the Department prior to employing a person not meeting the
minimum qualifications for a personal agent set forth in subsection (a) of this
section. The variance request must include all of the following:
(A) An acceptable rationale for the need to
employ a person who does not meet the qualifications.
(B) A proposed alternative plan for education
and training to correct the deficiencies.
(i)
The proposal must specify activities, timelines, and responsibility for costs
incurred in completing the alternative plan.
(ii) A person who fails to complete the
alternative plan for education and training to correct the deficiencies may not
fulfill the requirements for the qualifications.
(c) The duties of a personal agent
must be specified in a position description and include, at a minimum, all of
the following:
(A) The delivery of case
management services to individuals as described in OAR chapter 411, division
415.
(B) Assisting the brokerage
director in the identification of existing and insufficient service delivery
resources or options.
(10) ASSESSORS. A brokerage must employ a
qualified assessor. The duties of an assessor must be specified in the
employee's position description and at a minimum include conducting Oregon
Needs Assessments as described in OAR chapter 411, division 425. An assessor
must:
(a) Meet the qualifications described in
OAR 411-425-0035; and
(b)
Participate in and complete the training described in OAR
411-425-0035.
(11)
DESIGNATED REFERRAL CONTACT. A brokerage must employ a designated referral
contact.
(a) A designated referral contact
must have knowledge of the public service system for developmental disabilities
services in Oregon and at least one of the following:
(A) A bachelor's degree in behavioral
science, social science, or a closely related field.
(B) A bachelor's degree in any field and one
year of human services related experience.
(C) An associate's degree in behavioral
science, social science, or a closely related field and two years of human
services related experience.
(D)
Three years of human services related experience.
(b) The duties of a designated referral
contact must be specified in the employee's position description and at a
minimum include all of the following:
(A)
Assisting with coordination of the activities related to the entry of an
individual into a residential setting.
(B) Making information about residential
setting options available to an individual who is looking for a residential
setting, or as applicable the individual 's legal or designated
representative.
(C) Supporting case
managers to identify local and statewide residential setting options. The
designated referral contact is the liaison to the Department for issues related
to residential setting entries.
(D)
Assisting providers to assess referrals the provider receives for goodness of
fit.
(c) The training
for a designated referral contact must include, at a minimum, all of the
following:
(A) An overview of developmental
disabilities services and related human services within the county.
(B) An overview of the forms and processes
for referrals to residential programs.
(C) An overview of the Department 's rules
governing the brokerage.
(D) An
overview of the Department 's licensing and certification rules for
providers.
(E) A review and
orientation of Medicaid , SSI, Social Security Administration, home and
community-based waiver and state plan services, and the medical assistance
programs delivered by the Oregon Health Authority.
(F) A review (prior to having contact with
individuals) of the designated referral contact's responsibility as a mandatory
reporter of abuse, including abuse of individuals with intellectual or
developmental disabilities, individuals with mental illness, older adults,
individuals with physical disabilities, and children.
(d) A designated referral contact must
complete 20 hours of additional training each year to continue to enhance their
knowledge, as well as maintain a basic understanding of the skills, knowledge,
and responsibilities necessary to perform the position.
(12) Qualified staff of a brokerage must
maintain and enhance their knowledge and skills through participation in
education and training. The Department shall provide training materials and
training may be conducted by the Department or brokerage staff, depending on
available resources.
(13) Staff
must appear as a witness on behalf of the Department during an informal
conference and hearing when required by the Department . Staff may not act as a
representative for a claimant during an informal conference and
hearing.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 427.115, 427.154 & 430.662
Statutes/Other Implemented: ORS 409.010, 427.005-427.163, 430.610, 430.620, 430.662 & 430.664
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