Or. Admin. Code § 333-536-0050 - Organization, Administration, and Personnel
(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.
(2) Geographic service area :
(a) An agency shall identify in writing the
geographic area in which it generally intends to provide services.
(b) The geographic service area shall be
within a 60-mile distance from a parent agency or subunit which ensures
appropriate and timely delivery and supervision of services with the following
exception:
(A) An agency caregiver may
accompany a client outside the geographic service area if all of the following
conditions are met:
(i) A client has requested
an agency caregiver to accompany the client; and
(ii) The travel plans are described and
documented in a client's service plan.
(B) An agency shall require a caregiver who
accompanies a client outside the geographic service area to:
(i) Document all services and care provided
to the client on a daily basis;
(ii) Report to the agency administrator or
administrator 's designee either by phone or electronic mail the status of the
client before leaving the geographic service area and immediately upon return;
and
(iii) Check-in with the agency
administrator or administrator 's designee no less than once per week if the
travel results in the client and caregiver being gone for more than one
week .
(C) If the
client's condition changes while traveling, the caregiver must contact the
agency administrator or administrator 's designee immediately.
(3) If an agency
operates a branch office :
(a) The site of the
branch office must not exceed 60 miles from the location of the parent agency
or subunit . The branch office is part of the agency or subunit and must be
located sufficiently close to share administration, supervision , and services
in a manner that renders it unnecessary for the branch to independently meet
the requirements of an agency.
(b)
The branch office shall be operated under the management and supervision of the
parent agency or subunit in its geographic service area . Administrative and
personnel functions, including but not limited to scheduling, training and
record maintenance, must be retained at the parent agency or subunit . The
branch office must not function as an independent agency.
(c) Services must not be provided from the
branch office until the branch office has been added to the license of the
parent agency or subunit in accordance with Authority procedures.
(4) If an agency provides services
from an office that exceeds 60 miles from the location of the parent agency ,
that office will constitute a subunit of the agency. If the agency has one or
more subunits, each subunit shall:
(a) Have
the same owner(s) as the parent agency ;
(b) Have its own staff, separate from parent
agency staff, and shall operate independently of the parent agency . For
purposes of this rule, "operate independently" means billing, scheduling, human
resources oversight, and staff training must be implemented and operated by the
subunit . A subunit may utilize a parent agency 's administrative systems to
support such functions as billing and scheduling. A parent agency may share
templates or other guidance for client and employee records, training, and
policies and procedures with the subunit ; and
(c) Independently meet all licensing
requirements, be separately licensed from the parent agency , and pay a separate
licensure fee.
(5) An
agency's owner shall assume full legal, financial, and overall responsibility
for the agency's operation. Any violations by agency owners, staff, or
representatives are attributable to the agency and against the agency's
license .
(6) An agency shall comply
with all applicable federal, state and local laws and the rules adopted
thereunder.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 443.315 & 443.340
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