Or. Admin. R. 410-173-0030 - Qualifications for Home and Community Based Services Providers

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Providers of 1915(i) HCBS shall meet the following qualifications for each type of service they are providing.
(2) AFH providers shall:
(a) Be 21 years of age or older;
(b) Comply with the 1915(i) HCBS setting qualities identified in OAR 410-173-0035;
(c) Participate in the person-centered planning process as described in OAR 410-173-0025;
(d) Document the services as outlined in OAR 410-173-0045; and
(e) Comply with OAR 309-040, rules governing Adult Foster Homes.
(3) Residential Treatment Facility (RTF) providers shall:
(a) Be at least 18 years of age;
(b) Comply with the 1915(i) HCBS setting qualities identified in OAR 410-173-0035;
(c) Participate in the person-centered planning process as described in OAR 410-173-0025;
(d) Document the services as outlined in OAR 410-173-0045; and
(e) Comply with OAR 309-035 rules governing Residential Treatment Facilities.
(4) RTH providers shall:
(a) Be at least 18 years of age;
(b) Comply with the 1915(i) HCBS setting qualities identified in OAR 410-173-0035;
(c) Participate in the person-centered planning process as described in OAR 410-173-0025;
(d) Document the services as outlined in OAR 410-173-0045; and
(e) Comply with OAR 309-035 rules governing Residential Treatment Homes.
(5) Behavioral Health Providers of 1915(i) HCBS shall comply with the qualifications and competencies outlined in OAR 309-019-0125, 309-035-0135, 309-040-0360 and be employed by or contracted with a provider organization certified by the Authority as described in OAR 309-008.
(6) 1915(i) HCBS providers, as identified above, shall adhere to the following provider qualifications:
(a) Demonstrate by background, skills and abilities the capability to safely and adequately provide the services authorized, in the judgment of the Authority or its designee;
(b) Maintain a drug-free work place: and be approved through the criminal history check process described in OAR 407-007 and OAR 943-007;
(c) Not be the eligible Individual's spouse or another legally responsible relative;
(d) Be authorized to work or operated in the United States, in accordance with U.S. Department of Homeland Security, Bureau of Citizenship and Immigration rules.
(e) Complete criminal history background checks and re-checks in accordance with OAR 407-007. A provider's failure to complete a new criminal history check authorization shall result in the inactivation of the provider enrollment. Once inactivated, a provider must reapply and meet the standards described in this rule to have their provider enrollment reactivated; and
(f) Not be included on any US Office of Inspector General Exclusion lists.

Notes

Or. Admin. R. 410-173-0030
DMAP 46-2019, adopt filed 11/07/2019, effective 11/26/2019

Statutory/Other Authority: ORS 124.050-124.095, 409.040, 413.032, 413.042, 413.071, 413.085, 414.025, 426.500, 443.738, ORS 409.050, 427.104 & 430.662

Statutes/Other Implemented: ORS 124.050-124.095, 409.040, 413.032, 413.042, 413.071, 413.085, 414.025, 426.500, 443.738, 427.007, 430.610, 430.620 & 430.662 - 430.670

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