Or. Admin. Code § 411-360-0110

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

Section 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.

Or. Admin. Code § 411-360-0110

SPD 3-2005, f. 1-10-05, cert. ef 2-1-05; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10; SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 34-2013, f. & cert. ef. 9-27-13; APD 21-2016, f. & cert. ef. 6/29/2016; APD 34-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018; APD 30-2018, amend filed 08/09/2018, effective 8/10/2018

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