Or. Admin. R. 411-360-0110 - Qualifications for AFH-DD Providers, Resident Managers, and Caregivers
(1) PROVIDER
QUALIFICATIONS. A provider must:
(a) Meet and
maintain the level requirements of the AFH-DD license in accordance with OAR
411-360-0070.
(b) Be at least 21 years of age.
(c) Reside in the AFH-DD.
(A) A provider resides in the home when the
provider sleeps in the home four nights per week.
(B) A resident manager resides in the AFH-DD
when the resident manager sleeps in the same home multiple nights per
week.
(d) Provide
evidence satisfactory to the Department regarding experience, training,
knowledge, interest, and concern in providing care and services to support
individuals with intellectual or developmental disabilities. Such evidence may
include, but is not limited to, the following:
(A) Certified nurse's aide
training;
(B) Nursing home,
hospital, or institutional work experience;
(C) Licensed practical nurse or registered
nurse training and experience;
(D)
Training approved by the Department; or
(E) Experience providing care and services
and home management skills to individuals with intellectual or developmental
disabilities.
(e)
Possess the physical health, mental health, good judgment, and good personal
character determined necessary by the Department to deliver 24-hour care and
services to support individuals with intellectual or developmental
disabilities.
(A) A provider must have a
statement from a health care provider, on the applicable Department form,
indicating the provider is physically and mentally capable of providing care
and services.
(B) A provider with a
documented history or substantiated complaint of substance abuse or mental
illness must provide evidence satisfactory to the Department of successful
treatment and rehabilitation and references regarding current
condition.
(f) Have and
maintain an approved background check in accordance with section (2) of this
rule.
(g) Have no founded report of
child abuse or a substantiated abuse allegation.
(h) Have the financial ability and maintain
sufficient liquid resources to pay the operating costs of the AFH-DD for at
least two months without solely relying on potential income from individuals
and room and board payments. If a provider operates more than one AFH-DD, the
provider must have the financial ability and maintain sufficient liquid
resources to pay the operating costs of all the AFH-DDs for at least two months
without solely relying on potential income from individuals and room and board
payments.
(A) Upon application, documentation
of the following must be provided to the Department, if applicable:
(i) Unsatisfied judgments, liens, and pending
lawsuits where a claim for money or property is made against the
applicant;
(ii) Bankruptcy filings
by the applicant; and
(iii) Unpaid
taxes due from the applicant including, but not limited to, property taxes,
employment taxes, and state and federal income taxes.
(B) The Department may require or permit an
applicant to provide a current credit report to satisfy the financial
requirements in this rule.
(C) The
Department may not issue an initial license to an applicant who has been
adjudged bankrupt more than once.
(D) If an applicant has an unpaid judgment
(other than a current judgment for support), pending lawsuit, lien, or unpaid
taxes, proof the applicant has the amount of resources necessary to pay the
claims must be provided to the Department.
(E) If an applicant is unable to demonstrate
the financial ability and resources required by these rules, the Department may
require the applicant to furnish a financial guarantee, such as a line of
credit or guaranteed loan, as a condition of initial licensure.
(i) Be literate in the English
language and demonstrate the ability to comprehend and communicate in English
orally and in writing with individuals, licensed health care providers,
services coordinators, and others involved in the care of the
individuals.
(j) Be able to respond
appropriately to emergency situations at all times.
(k) If transporting individuals, have a valid
driver's license and vehicle insurance in compliance with the laws of the
Department of Motor Vehicles.
(l)
Annually review their responsibility as a mandatory reporter. Annual mandatory
reporter notification must be documented on the applicable Department
forms.
(m) Have a clear
understanding of the job responsibilities, knowledge of the individuals' ISPs
or Service Agreements, and the ability to provide the care and services
specified for each individual.
(n)
Not be listed on the Exclusion Lists of the Office of Inspector General or
General Services Administration.
(2) BACKGROUND CHECKS.
(a) Each subject individual as defined in OAR
411-360-0020 must have an
approved background check in accordance with OAR
407-007-0200 through
407-007-0370 and ORS
181A.200, prior to operating,
working, training, or residing in an AFH-DD. A preliminary determination may be
made in accordance with subsection (b) of this section.
(A) As of September 1, 2017, a new background
check must be completed every two years once a subject individual has passed an
initial background check and their fitness determination has been entered into
the Long-Term Background Check Registry, in accordance with OAR
407-007-0600 through
407-007-0640.
(B) A new background check must be completed
prior to the following:
(i) A change in the
employment or volunteer position of a subject individual (i.e. changing from a
caregiver to resident manager).
(ii) A subject individual working in another
AFH-DD regardless of whether the employer is the same or not, unless subsection
(c) of this section applies.
(b) PRELIMINARY DETERMINATION.
(A) A subject individual may be hired
following completion of a preliminary fitness determination in accordance with
OAR 407-007-0200 through
407-007-0370, unless the subject
individual is a licensee, co-licensee, or has partial ownership of the
AFH-DD.
(B) A subject individual
who is hired on a preliminary basis must be under the direct, on-site,
supervision of another employee of the AFH-DD who has a current approved
background check.
(c)
PORTABILITY OF BACKGROUND CHECK APPROVAL. A subject individual, excluding
licensees, may be approved to work in multiple homes within a county only when
the subject individual is working in the same employment or volunteer position.
The indication of worksite location must be included for each subject
individual to show the intent of the subject individual to work at various
AFH-DDs within the licensing jurisdiction of the county.
(d) Public funds may not be used to support,
in whole or in part, a provider, a resident manager, employees of the provider,
substitute caregivers, volunteers, or any other subject individual under OAR
407-007-0200 through
407-007-0370 who is subject to
background checks, who has been convicted of any of the disqualifying crimes
listed in ORS 443.004. This rule does not
apply to a person hired prior to July 28, 2009.
(e) A person may not be authorized as a
provider or meet qualifications as described in this rule if the person has
been convicted of any of the disqualifying crimes listed in ORS
443.004. This rule does not
apply to a person hired prior to July 28, 2009.
(f) A weighing test is applied to background
checks for occupants who do not provide care in the AFH-DD.
(3) RESIDENT MANAGER REQUIREMENTS.
A resident manager must meet and maintain the provider qualifications listed in
section (1) of this rule and the level requirements of the AFH-DD license in
accordance with OAR 411-360-0070.
(4) SUBSTITUTE CAREGIVER REQUIREMENTS. A
substitute caregiver must:
(a) Not be an
individual service recipient of the AFH-DD.
(b) Meet and maintain the level requirements
of the AFH-DD license in accordance with OAR
411-360-0070 and the training
requirements in accordance with OAR
411-360-0120.
(c) Be at least 18 years of age.
(d) Possess the physical health, mental
health, good judgment, and good personal character determined necessary by the
Department to deliver care and services to support individuals with
intellectual or developmental disabilities. A substitute caregiver with a
documented history or substantiated complaint of substance abuse or mental
illness must provide evidence satisfactory to the Department of successful
treatment and rehabilitation and references regarding current
condition.
(e) Have and maintain an
approved background check in accordance with section (2) of this
rule.
(f) Disclose on the
application for employment if the substitute caregiver has been found to have
committed abuse.
(g) Be literate in
the English language and demonstrate the ability to comprehend and communicate
in English orally and in writing with individuals, licensed health care
providers, services coordinators, and others involved in the care of the
individuals.
(h) Be able to respond
appropriately to emergency situations at all times.
(i) Know fire safety and emergency
procedures.
(j) If transporting
individuals, have a valid driver's license and vehicle insurance in compliance
with the laws of the Department of Motor Vehicles.
(k) Annually review their responsibility as a
mandatory reporter. Annual mandatory reporter notification must be documented
on the applicable Department forms.
(l) Have a clear understanding of the job
responsibilities, knowledge of the individuals' ISPs or Service Agreements, and
the ability to provide the care and services specified for each
individual.
(m) Be able to meet the
qualifications described in section (1) of this rule when left in charge of an
AFH-DD for 30 calendar days or longer.
(5) A licensee may not hire or continue to
employ a resident manager or substitute caregiver that does not meet the
requirements stated in this rule.
(6) A licensee is responsible for the
operation of the AFH-DD and the quality of care and services delivered in the
AFH-DD.
(7) A licensee is
responsible for the supervision and training of resident managers and
substitute caregivers and their general conduct when acting within the scope of
their employment or duties.
(8) A
licensee, resident manager, caregiver, volunteer, or other subject individual
must self-report any potentially disqualifying condition as described in OAR
407-007-0280 and OAR
407-007-0290. The person must
notify the Department within 24 hours.
Notes
Statutory/Other Authority: ORS 409.050, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 443.001-443.004, 443.705-443.825, 443.875 & 443.991
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