Or. Admin. Code § 333-540-0045

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-540-0045 - Caregiver Registry Disclosure Statements

(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.

(2) Both the caregiver and client disclosure statements must state: "The client or the client's representative is responsible for selecting, interviewing, hiring, scheduling, and supervising the work of the caregivers."

(3) In addition to section (2) of this rule, a caregiver registry disclosure statement provided to a caregiver shall include, but is not limited to:

(a) Information on the services offered by the caregiver registry;

(b) Fees charged to a caregiver, if applicable;

(c) Insurance and bonding requirements, if applicable;

(d) Criminal background checks and disqualifying convictions;

(e) Information on the orientation process; and

(f) Information on the process for verifying the competency, education, skills and training of a caregiver.

(4) In addition to section (2) of this rule, a disclosure statement provided to a client shall include but is not limited to:

(a) The extent to which the client may be responsible for payroll taxes, wage and hour claims, and any other employment related costs;

(b) Fees charged by a caregiver registry to a client, if any, and that 30 days notice is required before any fee increases or changes in billing or payment procedures;

(c) Whether a caregiver has liability insurance and/or is bonded;

(d) Services that may be offered by a caregiver;

(e) The extent to which the registry verifies that a caregiver has a current driver's license and auto insurance if those services are provided;

(f) The process the caregiver registry uses to ensure that a caregiver meets basic competency requirements and has the necessary training, education and skills to provide the caregiver services offered by a caregiver to a client;

(g) The process for placing a caregiver on a caregiver registry;

(h) A description of the criminal background checks required for a caregiver;

(i) How to file complaints about the caregiver registry or a caregiver to the caregiver registry and the Division, including reports of abuse or neglect; and

(j) A description of client rights including but not limited to:

(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 and from verbal, mental, emotional, physical and 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 in regard to race, color, national origin, gender, sexual orientation, or religion; and

(I) The right to participate in planning of the services to be provided by a caregiver and care to be furnished, any changes in the services and care, the frequency of visits, and cessation of services, except where the health and safety of the caregiver is at risk.

(5) A caregiver registry shall document that a copy of the disclosure statement was given to the caregiver, client or client's representative and shall place this documentation in a caregiver's file and in the caregiver registry's records.

Or. Admin. Code § 333-540-0045

PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

Stat. Auth.: ORS 443.105

Stats. Implemented: ORS 443.105