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The Oregon Administrative Rules contain OARs filed through November 15, 2016
 
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OREGON HEALTH AUTHORITY,
HEALTH SYSTEMS DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 40

ADULT FOSTER HOMES

309-040-0300

Purpose and Scope

(1) Purpose. These rules prescribe standards by which the Health Systems Division (HSD) of the Oregon Health Authority (OHA) licenses community based Adult Foster Homes (AFHs) for adults with mental or emotional disorders. The care and services standards are designed to promote the individual's right to independence, choice, and decision making while providing a safe, secure, homelike environment. The provider must address the individual's needs in a manner that enables the individual to function at the highest level of independence possible.

(a) These rules incorporate and implement the requirements of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services for home and community based services authorized under section 1915(i) of the Social Security Act.

(b) These rules establish requirements to ensure individuals receive services in settings that are integrated in and support the same degree of access to the greater community as people not receiving such services consistent with the standards set out in OAR chapter 411, Division 4.

(2) Scope. These rules apply to adult foster homes providing services to five or fewer adults with mental or emotional disorders, regardless of whether the provider receives public funds.

Stat. Auth.: ORS 413.042, 413.032, 413.085
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0000, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 11-2011(Temp), f. & cert. ef. 12-5-11 thru 5-31-12; MHS 4-2012, f. 5-3-12, cert. ef. 5-4-12; MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0301

Required Home-like Qualities

This rule becomes effective July 1, 2016 and is enforceable as described in OAR 309-040-0315(7).

(1) Each AFH must have all of the following qualities:

(a) The home is integrated in and supports the same degree of access to the greater community as people not receiving HCBS, including opportunities for an individual to:

(A) Seek employment and work in competitive integrated employment settings;

(B) Engage in greater community life;

(C) Control personal resources; and

(D) Receive services in the greater community.

(b) The AFH is selected by the individual or, as applicable, the individual’s representative, from among available setting options, including non-disability specific settings and an option for a private unit in a residential setting. The setting options must be:

(A) Identified and documented in the individual’s person-centered service plan;

(B) Based on the needs and preferences of the individual; and

(C) Based on the individual’s available resources for room and board.

(c) The AFH ensures individual rights of privacy, dignity, respect, and freedom from coercion and restraint.

(d) The AFH optimizes, but does not regiment, individual initiative, autonomy, self-direction, and independence in making life choices including, but not limited to, daily activities, physical environment, and with whom to interact.

(e) The AFH facilitates individual choice regarding services and supports, and who provides the services and supports.

(2) Additional Home-like Requirements. The provider must maintain the following qualities at the AFH:

(a) The home must be physically accessible to each individual;

(b) The provider must provide the individual with a unit of specific physical place that the individual may own, rent, or occupy under a legally enforceable residency agreement.

(c) The provider must provide and include in the residency agreement that the individual has, at a minimum, the same responsibilities and protections from an eviction that a tenant has under the landlord-tenant law of the state of Oregon and other applicable laws or rules of the county, city, or other designated entity. For a setting in which landlord-tenant laws do not apply, the residency agreement must provide substantially equivalent protections for the individual and address eviction and appeal processes. The eviction and appeal processes must be substantially equivalent to the processes provided under landlord-tenant laws.

(d) The provider must ensure that each individual has privacy in his or her own unit.

(e) The provider must maintain units with entrance doors lockable by the individual. The provider must ensure that only the individual, the individual’s roommate (where applicable), and only appropriate staff, as described in the individual’s person-centered service plan, have keys to access the unit.

(f) The provider must ensure that individuals sharing units have a choice of roommates.

(g) The provider must provide and include in the residency agreement that individuals have the freedom to decorate and furnish his or her own unit as agreed to within the Residency Agreement.

(h) The provider must permit each individual to have visitors of his or her choosing at any time.

(i) The provider must ensure each individual has the freedom and support to control his or her own schedule and activities.

(j) The provider must ensure each individual has the freedom and support to have access to food at any time.

(3) The provider must take reasonable steps to ensure that the program maintains the qualities identified in this rule. Failure to take reasonable steps may include, but is not limited to:

(a) Failure to maintain a copy of the person-centered service plan at the home;

(b) Failure to cooperate or provide necessary information to the person centered planning coordinator; or

(c) Failure to attend or schedule a person centered planning meeting where necessary.

(4) When a provider is unable to ensure a quality described under sections (2)(d) to (2)(j) of this rule due to threats to the health and safety of the individual or others, the provider may seek an individually-based limitation with the consent of the individual or, as applicable, the individual’s legal representative, through the process described in OAR 411-004-0040 and incorporated by OAR 309-040-0391. The provider may not apply an individually based limitation until the limitation is approved and documented as required by OAR 309-040-0391.

Stat. Auth.: ORS 413.042, 413.032, 413.085
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0305

Definitions

As used in these rules the following definitions apply:

(1) "Abuse" includes but is not limited to:

(a) Any death caused by other than accidental or natural means or occurring in unusual circumstances;

(b) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury;

(c) Willful infliction of physical pain or injury;

(d) Sexual harassment or exploitation including, but not limited to, any sexual contact between an employee of an AFHor community program, or provider, or other caregiver and the individual. For situations other than those involving an employee, provider, or other caregiver and an individual, sexual harassment or exploitation means unwelcome verbal or physical sexual contact including requests for sexual favors and other verbal or physical conduct directed toward the indiviaual;

(e) Neglect that leads to physical harm through withholding of services necessary to maintain health and well being;

(f) Abuse does not include spiritual treatments by a duly accredited practitioner of a recognized church or religious denomination when voluntarily consented to by the individual.

(2) "Abuse Investigation and Protective Services" means an investigation and any subsequent services or supports necessary to prevent further abuse as required by ORS 430.745 to 430.765 and OAR 943-045-0000, or any other rules established by the Division applicable to allegations of abuse of individuals residing at an AFH licensed by the Division.

(3) "Activities of Daily Living (ADL)" are those individual skills necessary for an individual's continued well-being including eating and nutrition, dressing, individual hygiene, mobility, and toileting.

(4) "Administration of Medication" means administration of medicine or a medical treatment to an individual as prescribed by a Licensed Medical Practitioner.

(5) "Adult Foster Home (AFH)" means any home licensed by the Health Systems Division of the OHA in which residential care is provided to five or fewer individuals who are not related to the provider by blood or marriage as described in ORS 443.705 through 443.825. For the purpose of these rules, if an adult family member of the provider receives care, he or she must be included as one of the individuals within the total license capacity of the AFH. An AFH or person that advertises, including word-of-mouth advertising, to provide room, board, and care and services for adults, is deemed to be an AFH. For the purpose of these rules, an AFH does not include facilities referenced in ORS 443.715(1)(2)(3)(4).

(6) "Aid to Physical Functioning" means any special equipment ordered for an individual by a Licensed Medical Professional (LMP) or other qualified health care professional which maintains or enhances the individual's physical functioning.

(7) "Applicant" means any person or entity that makes an application for a license that is also the owner of the business.

(8) "Assessment" means an evaluation of an individual and the individual's level of functioning completed by a qualified provider and provides the basis for the development of the individual's Personal Care Plan and Person Centered Service Plan.

(9) “Authority” means the Oregon Health Authority or its designee.

(10) "Division Staff" means an employee of the Division, the Division’s designee, or the designee of the local Community Mental Health Program.

(11) "Behavioral Interventions" means those interventions that will modify the individual's behavior or the individual's environment.

(12) "Bill of Rights" means civil, legal or human rights afforded to those individuals residing in an AFH, which are in accord with those rights afforded to all other U.S. citizens, including but not limited to those rights delineated in the AFH Bill of Rights as described in OAR 309-040-0410.

(13) "Board of Nursing Rules" means the standards for Registered Nurse Teaching and Delegation and assignments to Unlicensed Persons according to the statutes and rule of the Oregon State Board of Nursing, chapter 851, division 47, ORS 678.010 to 678.445.

(14) "Care" means the provision of but is not limited to services of room, board, services and assistance with ADLs, such as assistance with bathing, dressing, grooming, eating, money management, recreational activities, and medication management. Care also means services that promote maximum individual independence and enhance quality of life.

(15) “Caregiver” includes the provider, resident managers, or substitute caregivers who provide services to an individual.

(16) "Case Manager" means a person employed by a local, regional, or state allied agency approved by the Division to provide case management services

(17) "CMS" means the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services.

(18) "Community Mental Health Program (CMHP)" means the organization of all services for persons with mental or emotional disturbances, drug abuse problems, and alcoholism and alcohol abuse problems, operated by, or contractually affiliated with, a local mental health authority, operated in a specific geographic area of the state under an intergovernmental agreement or direct contract with the Division.

(19) "Compensation" means payments made by or on behalf of an individual to a provider in exchange for room and board, care and services, including services described in the individual's Personal Care Plan and Person Centered Service Plan (20) "Complaint Investigation" means an investigation of any allegation that a provider has taken action, or inaction, which is perceived as contrary to law, rule, or policy but does not meet the criteria for an abuse investigation.

(21) "Condition" means a provision attached to a new or existing license, which limits or restricts the scope of the license or imposes additional requirements on the licensee.

(22) "Contested Case Hearing" means a hearing resulting in a directed or recommended action. The hearing is held at the request of the provider or the Division in response to an action, sanction, or notice of finding issued by the Division that would result in the loss of license of the provider or other sanctions that would adversely affect the license of the provider. The hearing group is composed of:

(a) The provider and if the provider chooses, the provider's attorney;

(b) The Division as represented by the Attorney General's Office; and

(c) The Office of Administration Hearings Administrative Law Judge.

(23) "Contract" means a written agreement between a provider and the Division to provide room and board, care and services for compensation for individuals of a licensed AFH.

(24) "Controlled Substance" means any drug classified as schedules one through five under the Federal Controlled Substance Act.

(25) "Criminal History Check (CHC)" means the Oregon Criminal History Check and when required, a National Criminal History check and or a State-Specific Criminal History check, and the processes and procedures required by the rules OAR 943-007-0000 through 943-007-0500 Criminal History Check.

(26) "Day Care" means care and services in an AFH for a person who is not an individual of the AFH. Children under the age of five living in the AFH are included in the licensed capacity of the home.

(27) "Declaration for Mental Health Treatment" means a document that states the individual’s preferences or instructions regarding mental health treatment as defined by ORS 127.700 through 127.737.

(28) “Designated Representative” means:

(a) Any adult who is not the individual’s paid provider, who:

(A) The individual has authorized to serve as his or her representative; or

(B) The individual’s legal representative has authorized to serve as the individual’s representative.

(b) The power to act as a designated representative is valid until the individual or the individual’s legal representative modifies the authorization and notifies the Division of the modification, the individual or the individual’s representative notifies the provider that the designated representative is no longer authorized to act the individual’s behalf, or there is a change in the legal authority upon which the designation was based. Notice must include the individual’s or the representative’s signature as appropriate.

(c) An individual, or the individual’s legal representative, is not required to appoint a designated representative.

(29) "Director" means the Director of the Oregon Health Authority or that person's designee.

(30) "Discharge Summary" means a document that describes the conclusion of the planned course of services described in the individual's individualized personal care plan and person centered service plan, regardless of outcome or attainment of goals described in the individual's individualized personal care plan. In addition, the discharge summary addresses individual's monies, financial assets and monies, medication and personal belongings at time of discharge.

(31) “Division” means the Health Systems Division of the Oregon Health Authority or its designee.

(32) “Employee” means a person who is employed by a licensed AFH (AFH), who receives wages, a salary, or is otherwise paid by the AFH for providing the service. The term also includes employees of other providers delivering direct services to an individual.

(33) "Exempt Area" means a county agency that provides similar programs for licensing and inspection of AFHs which the Director finds equal to or superior to the requirements of ORS 443.705 to 443.825 and which has entered into an agreement with the Division to license, inspect, and collect fees according to the provisions of 443.705 to 443.825.

(34) "Family Member" for the purposes of these rules, means a husband or wife, natural parent, child, sibling, adopted child, domestic partner, adopted parent, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, or first cousin.

(35) “HCB” Means: Home and Community Based.

(36) "Home" means the Adult Foster Home (AFH) and as indicated by the context of its use, may refer to the one or more buildings and adjacent grounds on contiguous properties used in the operation of the AFH.

(37) “Home and Community-Based Services” or “HCBS” means Home and Community-Based Services as defined in OAR chapter 411, division 4. HCBS are services provided in the home or community of an individual.

(38) "Home-like" means an environment that promotes the dignity, security, and comfort of individuals through the provision of personalized care and services, and encourages independence, choice, and decision-making by the individuals

(39) "House Rules" means those written standards governing house activities developed by the provider and approved by the Division. These standards must not conflict with the AFH Bill of Rights or other individual rights set out by these rules.

(40) "Incident Report" means a written description and account of any occurrence including but not limited to, any injury, accident, acts of physical aggression, use of physical restraints, medication error, any unusual incident involving an individual or the home and/or providers.

(41) “Individual” means any person being considered for placement or currently residing in a licensed home receiving residential, HCBS and other services regulated by these rules on a 24-hour basis except as excluded under ORS 443.400.

(42) "Individually-Based Limitation" means a limitation to a quality listed in OAR 411-004-0020(2)(c) to (2)(g) and as incorporated by OAR 309-040-0410(3) applied in accordance with the required process described in OAR 309-040-0391 An individually-based limitation is based on specific assessed need and only implemented with the informed consent of the individual or the individual’s legal representative, as described in OAR 411-004-0040 and these rules. These qualities include the individual’s right to:

(a) Live under a legally enforceable agreement with protections substantially equivalent to landlord-tenant laws;

(b) The freedom and support to access food at any time;

(c) Have visitors of the individual’s choosing at any time;

(d) Have a lockable door in the individual’s unit, which may be locked by the individual;

(e) Choose a roommate when sharing a unit;

(f) Furnish and decorate the individual’s unit according to the Residency Agreement;

(g) The freedom and support to control the individual’s schedule and activities; and

(h) Privacy in the individual’s unit.

(43) "Informed Consent" means:

(a) Options, risks, and benefits of the services outlined in these rules have been explained to an individual and, as applicable, the individual’s legal representative in a manner that the individual and, as applicable, the legal representative comprehends; and

(b) The individual and, as applicable, the individual’s legal representative consents to a person-centered service plan of action, including any individually-based limitations to the rules, prior to implementation of the initial or updated person-centered service plan or any individually-based limitation.

(44) "Initial Personal Care Plan (IPCP)" means a written document developed for an individual within 24 hours of admission to the home. The document must address the care and services to be provided for the individual during the first 30 days or less until the Personal Care Plan can be developed. At a minimum the IPCP must contain goals that address the following: Immediate health care support needs, medication management issues, safety and supervision needs, activities of daily living that the individual needs assistance with completing as well as any pertinent information as required by the case manager or their designee at the time of the admission. The provider must develop an Initial Personal Care Plan (IPCP) within 24 hours of admission to the AFH.

(45) "Legal Representative" means a person who has the legal authority to act for an individual and only within the scope and limits to his or her authority as designated by the court or other agreement. A legal representative may include:

(a) For an individual under the age of 18, the parent, unless a court appoints another person or agency to act as the guardian; or

(b) For an individual 18 years of age or older, a guardian appointed by a court order or an agent legally designated as the health care representative.

(46) "Level One AFH" means an AFH licensed by the Division to provide care and services to individuals with severe and persistent mental illness, who may also have limited medical conditions.

(47) "License" means a document issued by the Division to applicants who are determined by the Division to be in substantial compliance with these rules.

(48) "Licensed Medical Practitioner (LMP)" means any person who meets the following minimum qualifications as documented by the CMHP or designee and holds at least one of the following educational degrees and a valid license:

(a) Physician licensed to practice in the State of Oregon; or

(b) Nurse practitioner licensed to practice in the State of Oregon.

(49) "Licensee" means the person or entity to whom a license is issued and whose name(s) is on the license.

(50) "Local Mental Health Authority (LMHA)" means the county court or board of county commissioners of one or more counties who choose to operate a community mental health program, or in the case of a Native American reservation, the tribal council, or if the county declines to operate or contract for all or part of a community mental health program, the board of directors of a public or private corporation which directly contracts with the Division to operate a CMHP for that county.

(51) "Mandatory Reporter" means any public or private official who, while acting in an official capacity, comes in contact with and has reasonable cause to believe that the adult has suffered abuse, or that any person with whom the official contact while acting in an official capacity, has abused the adult. Pursuant to ORS 430.765(2) psychiatrists, psychologists, clergy, and attorneys are not mandatory reporters with regard to information received through communications that are privileged under 40.225 to 40.295.

(52) "Medication" means any drug, chemical, compound, suspension or preparation in suitable form for use as a curative or remedial substance taken either internally or externally by any individual.

(53) "Mental or Emotional Disturbances (MED)" means a disorder of emotional reactions, thought processes, or behavior that results in substantial subjective distress or impaired perceptions of reality or impaired ability to control or appreciate the consequences of the person's behavior and constitutes a substantial impairment of the person's social, educational, or economic functioning. Medical diagnosis and classification must be consistent with the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM-V). As used in these rules, this term is functionally equivalent to "serious and persistent mental illness."

(54) “Mistreatment” means the following behaviors, displayed by an employee, program staff, caregiver, provider or volunteer of an AFH when directed toward an individual:

(a) “Abandonment” means desertion or willful forsaking when the desertion or forsaking results in harm or places the individual at a risk of serious harm.

(b) “Financial Exploitation” means:

(A) Wrongfully taking the assets, funds, or property belonging to or intended for the use of an individual.

(B) Alarming an individual by conveying a threat to wrongfully take or appropriate money or property of the individual if the individual would reasonably believe that the threat conveyed would be carried out.

(C) Misappropriating, misusing, or transferring without authorization any money from any account held jointly or singly by an individual.

(D) Failing to use the income or assets of an individual effectively for the support and maintenance of the individual. “Effectively” means use of income or assets for the benefit of the individual.

(c) “Involuntary Restriction” means the involuntary restriction of an individual for the convenience of a caregiver or to discipline the individual. Involuntary restriction may include but is not limited to placing restrictions on an individual’s freedom of movement by restriction to his or her room or a specific area, or restriction from access to ordinarily accessible areas of the facility, residence or program, unless agreed to by the treatment plan. Restriction may be permitted on an emergency or short term basis when an individual’s presence would pose a risk to health or safety to the individual or others.

(d) “Neglect” means active or passive failure to provide the care, supervision, or services necessary to maintain the physical and mental health of an individual that creates a significant risk of harm to an individual or results in significant mental injury to an individual. Services include but are not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of the individual.

(e) “Verbal Mistreatment” means threatening significant physical harm or emotional harm to an individual through the use of:

(A) Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule.

(B) Harassment, coercion, punishment, deprivation, threats, implied threats, intimidation, humiliation, mental cruelty, or inappropriate sexual comments.

(C) A threat to withhold services or supports, including an implied or direct threat of termination of services. “Services” include but are not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene, or any other services essential to the well-being of an individual.

(D) For purposes of this definition, verbal conduct includes but is not limited to the use of oral, written, or gestured communication that is directed to an individual or within their hearing distance or sight, regardless of their ability to comprehend. In this circumstance the assessment of the conduct is based on a reasonable person standard.

(E) The emotional harm that can result from verbal abuse may include but is not limited to anguish, distress, or fear.

(f) “Wrongful Restraint” means any use of a physical or chemical restraint except for:

(A) An act of restraint prescribed by a licensed physician pursuant to OAR 309-033-0730; or

(B) A physical emergency restraint to prevent immediate injury to an individual who is in danger of physically harming himself or herself or others, provided that only the degree of force reasonably necessary for protection is used for the least amount of time necessary.

(55) "National Criminal History Check" means obtaining and reviewing criminal history outside Oregon's borders. This information may be obtained from the Federal Bureau of Investigation through the use of fingerprint cards and from other criminal information resources in accordance with OAR 943-007-0000 through 943-007-0500 Criminal History Check Rules.

(56) "Neglect" means an action or inaction that leads to physical harm through withholding of services necessary to maintain health and well-being. For purposes of this paragraph, "neglect" does not included a failure of the state or a community program to provide services due to a lack of funding available to provide the services.

(57) "Nurse Practitioner" means a registered nurse who has been certified by the board as qualified to practice in an expanded specialty role within the practice of nursing.

(58) "Nursing Care" means the practice of nursing by a licensed nurse, including tasks and functions relating to the provision of nursing care that are delegated under specified conditions by a registered nurse to persons other than licensed nursing personnel, which is governed by ORS chapter 678 and rules adopted by the Oregon State Board of Nursing in OAR Chapter 851.

(59) "Nursing Delegation" means that a registered nurse authorizes an unlicensed person to perform special tasks of individual/nursing care in selected situations and indicates that authorization in writing. The delegation process includes nursing assessment of a individual in a specific situation, evaluation of the ability of the unlicensed person, teaching the task and ensuring supervision.

(60) Person-Centered Service Plan" means written documentation that includes the details of the supports, desired outcomes, activities, and resources required for an individual to achieve and maintain personal goals, health, and safety as described in OAR 411-004-0030.

(61) "Person-Centered Service Plan Coordinator" means the person, which may be a case manager, service coordinator, personal agent, and other person designated by the Division to provide case management services or person-centered service planning for and with individuals.

(62) "Personal Care Plan (PCP)" means a written plan outlining the care and services to be provided to an individual. The PCP is based upon the review of current assessment, referral, observations, individual preference, and input from members of the Personal Care Plan Team. The plan identifies the care, services, activities, and opportunities to be provided by the caregiver to promote the individual's recovery and independence.

(63) "Personal Care Plan Team (PCP Team)" means a group composed of the individual, the case manager or other designated representative CMHP representative, the provider, resident manager, and others needed including the individual's legal guardian, representatives of all current service providers, advocates or others determined appropriate by the individual receiving services. If the individual is unable or does not express a preference, other appropriate team membership must be determined by the PCP team members.

(64) "Personal Care Services" means services prescribed by a physician or other designated person in accordance with the individual's plan of treatment. The services are provided by a caregiver that is qualified to provide the service and is not a member of the individual's immediate family. For those AFH individuals who are Medicaid eligible, Personal Care services are funded under Medicaid.

(65) "Practice of Registered Nursing" means the application of knowledge drawn from broad in-depth education in the social and physical sciences in assessing, planning, ordering, giving, delegating, teaching and supervising care which promotes the person's optimum health and independence.

(66) “Program Staff” includes an employee or person who, by contract with an AFH provides a service to an individual.

(67) "Provider" means a qualified person or an organizational entity operated by or contractually affiliated with a community mental health program, or contracted directly with the Division for the direct delivery of mental health services and supports to adults receiving residential and supportive services in an AFH.

(68) "Psychiatric Security Review Board (PSRB)" means the Board consisting of five members appointed by the Governor and subject to confirmation by the Senate under Section Four, Article 111 of the Oregon Constitution and described in ORS 161.295 through 161.400 and OAR 309-032-1540.

(69) "Registered Nurse" means a person licensed and registered to practice nursing by the State of Oregon Board of Nursing in accordance with ORS Chapter 678 and OAR Chapter 851.

(70) "Related" includes the following relationships: spouse, domestic partner, natural parent, child sibling, adopted child, adopted parent, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(71) "Relative" means any person identified as a family member.

(72) “Representative” refers to both “Designated Representative” and “Legal Representative” as defined in these rules unless otherwise stated.

(73) "Residency Agreement" means the written, legally enforceable agreement between a provider and an individual or the individual’s representative when the individual receives services from the provider. The Residency Agreement identifies the rights and responsibilities of the individual and the provider. The Residency Agreement must provide the individual protection from eviction substantially equivalent to landlord-tenant laws.

(74) "Resident Manager" means an employee of the provider who is approved by the Division to live in the AFH and is responsible for the care and services of individuals on a day-to-day basis.

(75) "Residential Care" means the provision of room, board, and services that assist the individual in activities of daily living, such as assistance with bathing, dressing, grooming, eating, medication management, money management or recreation. Residential care includes 24 hour supervision; being aware of the individual's general whereabouts; monitoring the activities of the individual while on the premises of the AFH to ensure the individual’s health, safety, and welfare; providing social and recreational activities; and assistance with money management as requested.

(76) "Residents' Bill of Rights" means residents of the AFH have the following rights as defined in ORS 443.739. Each individual has a right to:

(a) Be treated as an adult, with respect and dignity;

(b) Be informed of all individual rights and all house rules;

(c) Be encouraged and assisted to exercise legal rights, including the right to vote;

(d) Be informed of the individual's medical condition and the right to consent to or refuse treatment;

(e) Receive appropriate care and services, and prompt medical care as needed;

(f) A safe and secure environment;

(g) Be free from mental and physical abuse;

(h) Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner;

(i) Complete privacy when receiving treatment or personal care;

(j) Associate and communicate privately with any person the individual chooses;

(k) Send and receive personal mail unopened;

(l) Participate in activities of social, religious and community groups;

(m) Have medical and personal information kept confidential;

(n) Keep and use a reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space;

(o) Manage the individual's own money and financial affairs unless legally restricted;

(p) Be free from financial exploitation. The provider must not charge or ask for application fees or nonrefundable deposits and must not solicit, accept or receive money or property from an individual other than the amount agreed to for services;

(q) A written agreement regarding the services to be provided and the rate schedule to be charged. The provider must give 30 days' written notice before any change in the rates or the ownership of the home;

(r) Not to be transferred or moved out of the AFH without 30 days' advance written notice and an opportunity for a hearing. A provider may transfer or discharge an individual only for medical reasons including a medical emergency described in ORS 443.738(11)(a), or for the welfare of the individual or other individuals, or for nonpayment;

(s) Be free of discrimination in regard to race, color, national origin, sexual orientation, disability, sex or religion;

(t) Make suggestions and complaints without fear of retaliation.

(77) "Respite Care" means the provision of room, board, care, and services in an AFH for a period of up to 14 days. Respite care individuals will be counted in the total licensed capacity of the home. Respite care is not crisis respite care.

(78) "Restraints" means any physical hold, device, or chemical substance, which restricts, or is meant to restrict, the movement or normal functioning of an individual.

(79) "Room and Board" means the provision of meals, a place to sleep, laundry and housekeeping.

(80) "Seclusion" means the involuntary confinement of an individual to a room or area where the individual is physically prevented from leaving.

(81) "Self-Administration of Medication" means the act of an individual placing a medication in or on the individual’s own body. The individual identifies the medication and the times and manners of administration, and placed the medication internally or externally on the individual’s own body without assistance.

(82) "Self Preservation" in relation to fire and life safety means the ability of individuals to respond to an alarm without additional cues and be able to reach a point of safety without assistance.

(83) "Services" means those activities which are intended to help the individuals develop appropriate skills to increase or maintain their level of functioning and independence. Services include coordination and consultation with other service providers or entities to assure residents access to necessary medical care, treatment, and/or services identified in the individual's personal care plan.

(84) "Substitute Caregiver" means any person meeting the qualifications of a caregiver who provides care and services in an AFH under the jurisdiction of the Division in the absence of the provider or resident manager. An individual may not be a substitute caregiver.

(85) "Unit" means the personal space and bedroom of an individual, as agreed to in the Residency Agreement.

(86) "Unusual Incident" means those incidents involving acts of physical aggression, serious illnesses or accidents, any injury or illness of an individual requiring a non-routine visit to a health care practitioner, suicide attempts, death of an individual, a fire requiring the services of a fire Department, or any incident requiring an abuse investigation.

(87) "Variance" means an exception from a regulation or provision of these rules, granted in writing by the Division, upon written application from the provider.

(88) “Volunteer” means a person who provides a service or who takes part in a service provided to individuals receiving services in an AFH or other provider, and who is not a paid employee of the AFH or other provider. The services must be non-clinical unless the person has the required credentials to provide a clinical service.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 413.042; 413.032
Stats. Implemented: ORS 426.072 & 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0005, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 6-2007(Temp), f. & cert. ef. 5-25-07 thru 11-21-07; MHS 13-2007, f. & cert. ef. 8-31-07; MHS 11-2011(Temp), f. & cert. ef. 12-5-11 thru 5-31-12; MHS 4-2012, f. 5-3-12, cert. ef. 5-4-12: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0310

License Required

(1) License Required. In accordance with ORS 443.725, every provider of Adult Foster Care must be licensed by the Division before opening or operating an AFH.

(a) The provider must live in the home that is to be licensed or hire a resident manager to live in the home.

(b) There must be a provider, resident manager or substitute caregiver on duty 24 hours per day in an AFH under the jurisdiction of the Department.

(2) Placement. An AFH must not accept placement of an individual without first being licensed by the Division.

(3) Unlicensed AFH. No individual may be placed in an AFH that is not licensed.

(4) Criminal History Check Requirements. Providers, resident managers, substitute caregivers, volunteers and occupants over the age of 16, excluding individuals, must have documentation of an approved criminal history/background check in accordance with ORS 181.537, 443.735 and OAR 943-007.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0010, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0315

License Application and Fees

(1) Application. A completed, written application will be submitted by the applicant on forms supplied by the Division. The application is not complete until all information requested by the Department and on the forms supplied by the Division is submitted to the Department. Incomplete applications are void 60 days after initial receipt of by the Division.

(2) Additional Homes. An applicant must submit a separate application for each location operated as an AFH.

(3) Contents of Application. The application must include:

(a) The maximum capacity requested and a written statement describing family members needing care, individuals who receive respite care, individuals who receive day care and/or individuals who receive room and board;

(b) A written statement from a Licensed Medical Practitioner regarding the mental and physical ability of the applicant to provide care to individuals and to operate the AFH. If the applicant will employ a resident manager, the applicant must provide a written statement from a physician or a LMP regarding the mental and physical ability of the resident manager to operate the AFH and to provide care to individuals;

(c) A completed financial information form provided by the Division. The applicant must demonstrate to the Division the applicant’s financial ability and the resources necessary to operate the AFH. Financial ability will include but is not limited to, providing the Division with a list of unsatisfied judgments, pending litigation and unpaid taxes and notifying the Division regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required, the Division may require the applicant to furnish a financial guarantee as a condition of initial licensure in accordance with ORS 443.735(e) and 443.745;

(d) A completed Facility Provider Enrollment Application;

(e) A signed letter of support from the Local Mental Health Authority or designee for the applicant to be licensed to operate the AFH;

(f) A copy of the documentation of Criminal History Check approval in accordance with OAR943-007 for the provider(s), the resident manager, caregiver(s), volunteers and other occupants over the age of 16, excluding individuals, and other persons as defined in ORS 443.735(5)(a)(b), (6)(a)(b)(c);

(g) A floor plan of the AFH showing the location and size of rooms, exits, secondary emergency egress, smoke detectors and fire extinguishers and evidence of compliance with facility safety requirements as described in OAR 309-040-0370(1) through (13);

(h) A completed AFH Self-Inspection Guide; and

(i) Each application must be accompanied by a fee of $20 per bed requested for license.

(4) Review of Application. The Division will determine compliance with these rules based on receipt of the completed application material and fees, a review of information submitted, an investigation of information submitted, an inspection of the AFH, and interviews with the provider determined by the Division and other persons as identified by the Division.

(5) Withdrawal of Application. The applicant may withdraw the application at any time during the application process by notifying the Division in writing.

(6) Revocation, Surrender, Non-Renewal, or Denial of Application. An applicant whose license has been revoked or voluntarily surrendered, following a receipt of Notice of Intent to Revoke or Notice of Intent of Non-Renewal from the Division, or whose application has been denied by the Division for reasons relating to but not limited to, criminal convictions, civil proceedings against the applicant, or substantiated allegations of abuse by the applicant will not be permitted to submit an application for one year from the date that the revocation, surrender or denial is made final. A longer period may be specified in the order revoking or denying the license.

(7) Enforcement of Home and Community Based Required Qualities.

(a) An AFH licensed on or after July 1, 2016 must be in full compliance with all regulatory requirements under these rules at the time of initial licensure;

(b) An AFH licensed prior to July 1, 2016 must come into compliance with applicable rules as follows:

(A) All AFHs must be in full compliance with all applicable rules no later than January 1, 2017.

(B) For those rules designated by the Division to become effective July 1, 2016, the provider must make measurable progress towards compliance with those rules. The Division will not issue sanctions or penalties for failure to meet those rules effective July 1, 2016 or those obligations imposed by OAR Chapter 411, Division 4, until January 1, 2017 if the provider demonstrates measurable progress towards compliance.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0015, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0320

Classification of AFHs

The Division licenses Level 1 AFHs. Level 1 AFHs provide care and services to individuals with severe and persistent mental illness, who may also have limited medical conditions.

(1) Level One. A Level 1 AFH license may be issued by the Division based upon a determination that an AFH is in substantial compliance with these rules and a review of the qualifications of the provider and the resident manager, if there is one, and compliance with the following requirements.

(2) Requirement for Issuance of License. A Level 1 AFH license will be issued by the Division if the applicant or resident manager completes the training requirements outlined in OAR 309-040-0335, and the home and provider are in compliance with 309-040-0300 through 309-040-0455.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0011, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0325

Capacity

(1) Number of Individuals. The Division will determine the number of individuals permitted to reside in an AFH based on the ability of the caregiver to meet the care needs of the individuals, the fire safety standards, and compliance with the physical structure standards of these rules. Determination of maximum licensed capacity will include consideration of total household composition including children.

(a) Sleeping arrangements for children in care must be safe and appropriate, based on the child's age, gender, special needs, behavior, and history of abuse and neglect.

(b) Each child in care must have a safe and adequate bed in which to sleep.

(2) Limiting Capacity. The following limits apply:

(a) The number of individuals is limited to five;

(b) Respite care individuals are included in the licensed capacity of five;

(c) Day care individuals are included in the licensed capacity of five;

(d) Adult family members of the provider or resident manager who need care are included in the licensed capacity of five; and,

(e) Child family members of the provider or resident manager who need care may be included in the licensed capacity of five.

(3) Ability to Provide Care. If the number of individuals who receive care exceeds the ability of the provider to meet the care, health, life, and safety needs of the individuals, the Division may reduce the licensed capacity of the AFH.

(4) Conditions on Capacity. The Division may place conditions, restrictions, or limitations on the AFH license as necessary to maintain the health, life, and safety of the individual.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0012, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0330

Zoning for Adult Foster Homes

An AFH is a residential use of property for zoning purposes. Under ORS 197.665, an AFH is a permitted use in any residential zone, including a residential zone, which allows a single family dwelling, and in any commercial zone which allows a single family dwelling. No city or county may impose any zoning requirement on the establishment and maintenance of an AFH in these zones that is more restrictive than that imposed on a single-family dwelling in the same zone.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0100, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0335

Training Requirements for Providers, Resident Managers, and Substitute Caregivers

(1) Training Requirements and Compliance. All providers, resident managers, and substitute caregivers must satisfactorily meet all educational requirements established by the Division. No person may provide care to any individual prior to acquiring education or supervised training designed to impart the basic knowledge and skills necessary to maintain the health, safety and welfare of the individual. Required course work and necessary skills may include, but are not limited to: physical caregiving; screening for care and service needs; appropriate behavior towards individuals with physical, cognitive and emotional disabilities; emergency procedures; medication management; personal care products; food preparation; home environment and safety procedures; residents' rights; issues related to architectural accessibility; and, mandatory abuse reporting.

(2) Ability to Communicate. The provider, resident manager, and substitutive caregivers must be able to understand and communicate in oral and written English in accordance with ORS 443.730.

(3) Testing Requirements. Training for all providers, resident managers and substitute caregivers must be in compliance with ORS 443.738. The provider must satisfactorily pass any testing requirements established by the Division before being licensed or becoming a resident manager or substitute caregiver. The test must be completed by the caregiver without the help of any other person. The provider, resident manager and substitute caregiver must have the ability to, but not limited to, understanding and responding appropriately to emergency situations, changes in medical conditions, physicians' orders and professional instructions, nutritional needs, individuals' preferences and conflicts.

(4) Exceptions to Training Requirements. The Division may make exceptions to the training requirements for persons who are appropriately licensed medical care professional in Oregon or who possess sufficient education, training, or experience to warrant an exception. The Division will not make any exceptions to the testing requirements.

(5) Unexpected and Urgent Staffing Need. In accordance with ORS 443.738, the Division may permit a person who has not completed the training or passed the required test to act as a resident manager until the training and testing are completed, or for 60 days, whichever is shorter, if the Division determines that an unexpected and urgent staffing need exists. The provider must notify the Division of the situation and demonstrate that the provider is unable to find a qualified resident manager, that the person has met the requirements for a substitute caregiver for the AFH, and that the provider will provide adequate supervision.

(6) Documentation of Current Training and Testing. The provider or resident manager must maintain current documentation of the training and testing of substitute caregivers including but not limited to:

(a) Documentation of criminal history check in compliance with OAR 410-007-0200 through 410-007-0380.

(b) Documentation that substitute caregiver has successfully completed the training required by the Division.

(c) Documentation that provider has trained the caregiver to meet the routine and emergency needs of the individuals.

(d) Documentation that provider has oriented the caregiver to the individuals in the AFH, their care needs and skills training, personal care plan, and the physical characteristics of the AFH.

(7) Annual Training Hours. The Division will require a minimum of twelve hours of training annually directly related to the care and services for individuals with mental illness. The provider, resident manager, and substitute caregiver of an AFH must complete required training and document in the provider, resident manager, and substitute caregiver’s training records. Such training is in addition to any orientation, which is attended by applicants prior to licensing and must include, but is not limited to:

(a) Understanding and Recognizing Severe and Persistent Mental Illness

(b) Mandatory Abuse Reporting

(c) Medication Management, Dispensing, and Documentation

(d) Incident Report Writing

(e) Individual Rights

(f) AFH Emergency Planning

(g) Fire Safety

(h) Complaints and Grievances

(i) Cardiopulmonary Resuscitation (CPR) and First Aid

(8) Additional Training Requirements. The Division may require the provider, resident manager or substitute caregiver to obtain additional training, whether or not the twelve hour annual training requirement has already been met as specified by the Division.

(9) Training for Delegated and/or Assigned Nursing Care Services. Providers, resident managers or substitute caregivers who perform delegated and/or assigned nursing care services as part of the Personal Care Plan must receive training and appropriate monitoring from a registered nurse on performance and delivery of those services.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0030, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0340

Issuance of a License

(1) Issuance of a License. Applicants must be in substantial compliance with these Administrative Rules and Oregon Revised Statutes (ORS) 443.705 through 443.825 before a license is issued. If cited deficiencies are not corrected within time frames specified by the Division, the application will be denied. The Division will issue a license to an applicant that is found to be in substantial compliance with these rules. The license must include, but is not limited to, the name of the applicant, name of the AFH, address of the home to which the license applies, the maximum number of individuals, resident manager (if applicable), conditions (if applicable), license number, payment received, effective date and expiration date, and the signature of the Assistant Administrator of the Division. The license must be visibly posted in the AFH and available for inspection at all times.

(2) Conditions on a License. The Division may attach conditions to the license, which limit, restrict, or specify other criteria for operation of the AFH. Conditions to a license may include, but are not limited to, care of a specifically identified individual. The conditions must be posted with the license in the AFH and be available for inspection at all times.

(3) Reporting Changes. Each provider must report promptly to the Division any significant changes to information supplied in the application or subsequent correspondence. Such changes include, but are not limited to, changes in the AFH name, owner entity, resident manager, telephone number, and/or mailing address. Such changes include, but are not limited to, changes in staffing when such changes are significant or impact the health, safety, or well-being of individuals.

(4) Change of Ownership of an AFH. When an AFH is sold, the prospective new owner must apply for a license in accordance with OAR 309-040-0315 if the new owner intends to operate an AFH.

(5) Transfer of License. An AFH license is not transferable or applicable to any location or persons other than those specified on the license.

(6) Effective Date of a License. A license is valid for one year from the effective date on the license unless sooner revoked or suspended.

(7) Substantial Compliance Requirements. Applicants must be in substantial compliance with these Administrative Rules before a license is issued. If cited deficiencies are not corrected within the time frames specified by the Division, the license will be denied.

(8) Issuing a License in Compliance. The Division may not issue an initial license unless:

(a) The applicant and the AFH are in compliance with ORS 443.705 to 443.825 and the rules of the Division;

(b) The Division has completed an inspection of the AFH. If cited deficiencies are not corrected within the time frames specified by the Division, the application will be denied;

(c) The Division has received an approved criminal history records check on the applicant, resident manager, substitute caregiver, and any occupant (other than an individual), 16 years of age or older or is identified in ORS 443.735(5)(a)(b), (6)(a)(b)(c) and who will be residing in or employed by the AFH, as identified in OAR 943-007, and any other rules established by the Division.

(9) Financial Ability and Resources. The applicant must demonstrate to the Division the financial ability and resources necessary to operate the AFH. The demonstration of financial ability must include, but need not be limited to, providing the Division with a list of any unsatisfied judgments, pending litigation and unpaid taxes and notifying the Division regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required by this paragraph, the Division may require the applicant to furnish a financial guarantee as a condition of initial licensure.

(10) Resident Manager Changes. If a resident manager changes during the period of the license, the provider must notify the Division immediately and identify a plan for providing care to the individuals. The provider must submit a completed resident manager application on forms supplied by the Division that include, a copy of the documentation of criminal history background check and approval in accordance with OAR 943-007, a physician statement and payment of a $10.00 fee. If the resident manager is to change during the license renewal process the $10.00 is not applicable.

(11) Revised License. Upon receipt of the completed resident manager application and approval by the Division a revised license will be issued by the Division in accordance with ORS 443.738(1) through (4).

(12) 60-Day Provisional License. Notwithstanding any other provision of ORS 443.735 or 443.725 or 443.738, the Division may issue a 60-day provisional license to a qualified person if the Division determines that an emergency situation exists after being notified that the licensed provider of an AFH is no longer overseeing operation of the AFH.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99); Renumbered from 309-040-0020, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0345

Renewal

(1) Renewal Application and Fee. The provider must submit a completed the Division renewal application and the required fee at least 165 days prior to the expiration date of the license. If the renewal application is not received from the Division within the time period described, the provider must request the application from the Division or the County Mental Health partner. If the completed renewal application and fee are not submitted prior to the expiration date, the AFH will be treated as an unlicensed home, subject to civil penalties.

(2) Exceptions for Renewal Application. The renewal application must include the same information and fee as required for a new application, except that a physician's statement and financial information form are not required if the Division can reasonably assume this information has not changed.

(3) Additional Requirements for Renewal Application. The Division may require the applicant to submit a current (within six months) physician’s statement and a current (within six months) criminal history check if investigation by the Division for license renewal indicates that it is necessary.

(4) Information Investigation and Site Inspection. The Division will investigate any information in the renewal application and must conduct an inspection of the AFH.

(5) Inspection Report. The provider will be given a formal written report from the inspection citing any deficiencies and a time frame for correction that does not exceed 30 days from the date of the inspection report unless otherwise noted in the inspection report.

(6) Correction of Deficiencies. The AFH provider must correct cited deficiencies prior to issuing a renewed license. If cited deficiencies are not corrected within the time frame specified by the Division, the renewal application will be denied and administrative sanctions may be imposed.

(7) Requirements for License Renewal. The Division may not renew a license unless:

(a) The applicant and the AFH are in compliance with ORS 443.705 to 443.825 and the rules of the Division;

(b) The Division has completed an inspection of the AFH;

(c) The Division has completed a criminal records check as required by ORS 181.536 through 181.537, 443.735 and OAR 943-007 on the applicant and any occupant, other than an individual, 16 years of age or older or is identified in ORS 443.735(5)(a)(b), (6)(a)(b)(c) and who will be residing in or employed by or otherwise acting as a provider, resident manager, substitute caregiver or volunteer for the AFH provider.

(8) National Criminal Record Check. The provider, resident manager, substitute caregiver or volunteer or person residing in the AFH may continue to work or reside in the home pending the national criminal records check provided that the Oregon criminal record check was clear and no convictions were self-disclosed in accordance with OAR 943-007.

(9) Criminal Record Check. A criminal records check must be completed for the applicant and any occupant, other than an individual, 16 years of age or older who will be residing in or employed by or otherwise acting as a provider, resident manager, substitute caregiver or volunteer for the AFH provider if the Division believes there is reason to justify a new criminal history check in accordance with OAR 943-007 Criminal History Check Required.

(10) Burden of Proof — Less than 24 Months. An AFH provider seeking initial licensing or in operation for less than 24 months, carries the burden of proof to establish compliance with ORS 443.705 to 443.825 and the Division rules.

(11) Burden of Proof — More than 24 Months. The burden of proof will be upon the Division to establish compliance with ORS 443.705 to 443.825 and the Division rules if an AFH provider is seeking renewal of a license and has been in continuous operation for more than 24 months.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0025, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0350

Variance

(1) A provider or applicant may apply to the Division for a variance from a provision of these rules. The provider must justify to the Division that such a variance does not jeopardize the health, life, or safety of the individuals, and the variance would not violate or compromise applicable ORS.

(2) The Division may not grant a variance from a regulation or provision of these rules pertaining to the license capacity of the AFH, inspections of the AFH, civil, legal and human rights, and inspection of the public files. No variance related to fire and life safety will be granted by the Division without prior consultation with the local fire authority or its designee.

(3) A provider or applicant may apply to the Division for a variance specific to each individual under ORS 443.725, subject to the following requirements:

(a) The variance is effective only for the specific individual who has been assessed and meets the safety requirements prescribed by the Division. This assessment shall become part of the individual’s PCP;

(b) A variance allowing a specific individual to be in the AFH alone shall not exceed 4 hours in a 24 hour period;

(c) No variance allows a provider to leave an individual alone in the AFH between the hours of 11:00 pm to 6:00 am; and

(d) 24 hour per day care shall continue for any individual that does not qualify to be in the AFH alone.

(4) Variances must be granted or denied in writing. All variances granted must be reviewed with each license renewal under OAR 309-040-0345. A variance granted to one AFH provider, or a variance granted regarding a specific individual, does not constitute a precedent for any other AFH, provider, applicant, or individual.

(5) The AFH provider or applicant may appeal the denial of a variance request by submitting a request for reconsideration in writing to the Division. The Division will make a decision on the appeal within 30 days of receipt of the appeal. The decision of the Division will be final.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0035, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 2-2007(Temp), f. & cert. ef. 5-4-07 thru 10-31-07; MHS 12-2007, f. & cert. ef. 8-31-07: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0355

Contracts

(1) Public Assistance Individuals. Providers who care for public assistance individuals must enter into a contract with the Division and comply with Division rules governing reimbursement for services and refunds.

(2) Private Pay Individuals. Providers who care for private paying individuals must enter into a signed contract with the individual or person paying for care. This contract must include, but is not limited to, a PCP, a schedule of rates, conditions under which the rates can be changed, and the AFH's policy on refunds at the time of hospitalization, death, discharge, or voluntary move.

(3) Notification of Increases, Additions, and Other Modifications of Rates. The provider must provide 30 days’ prior written notification to private individuals or persons paying for care of increases, additions, and other modifications of the rates to be charged unless the change is due to a medical emergency resulting in a greater level of care, in which case the provider must give notice within ten days of the change.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0040, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0360

Qualifications for Adult Foster Home Providers, Resident Managers and Other Caregivers

(1) Qualifications for a Provider. An AFH provider must meet the following qualifications:

(a) Be at least 21 years of age;

(b) Live in the AFH to be licensed, unless an approved resident manager lives in the AFH;

(c) Provide evidence satisfactory to the Division regarding experience, training, knowledge, interest, and concern in providing care to persons with severe and persistent mental illness. Such evidence may include, but is not limited to:

(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 Division;

(E) Experience in caring for individuals with severe and persistent mental illness at home; and

(F) Home management skills.

(d) Possess the physical health and mental health determined necessary by the Division to provide 24-hour care for adults who are mentally ill. Applicants must have a statement from a physician, on a form provided by the Division, that they are physically and mentally capable of providing care;

(e) Undergo a criminal history check in accordance with OAR 943-007 and be deemed eligible for licensure by the Division. The Division will evaluate and verify information regarding criminal history;

(f) Provide evidence of sufficient financial resources to operate an AFH for at least two months, unless the application is for renewal of an AFH that is already in operation. A credit reference check may be required;

(g) Be literate and capable of understanding written and oral orders and communicating with individuals, physician, case manager, and appropriate others; and be able to respond appropriately to emergency situations at all times;

(h) If transporting individuals by motorized conveyance, must have a current driver's license in compliance with the Department of Motor Vehicles laws and vehicle insurance as required by the State of Oregon.

(2) Qualifications for a Resident Manager. The resident manager must meet the provider qualifications listed in subsection (1)(a) through (h) of this rule. A resident manager applicant may work in the home pending outcome of the national criminal history check, if the Oregon criminal history check was clear and no convictions were self-disclosed on the criminal record authorization.

(3) Qualifications for a Substitute Caregiver. Substitute caregivers left in charge of an individual for any period of time must have access to individual records and meet the following qualifications:

(a) Be at least 18 years of age;

(b) Be subject to a criminal history check. A substitute caregiver may work in the home pending outcome of the national criminal history check providing the Oregon criminal history check was clear and no convictions were self-disclosed on the criminal record authorization;

(c) Be able to communicate orally and in writing with individuals, physicians, case managers, and appropriate others;

(d) Know fire safety and emergency procedures;

(e) Have a clear understanding of job responsibilities, have knowledge of PCPs and be able to provide the care specified for each individual's needs;

(f) Be able to meet the requirements of a resident manager when left in charge of an AFH for 30 days or longer;

(g) Not be an individual; and

(h) If transporting individual(s) by motorized conveyance, must have a current driver's license in compliance with Department of Motor Vehicles laws and vehicle insurance as required by the State of Oregon.

(4) Providers Responsibility for Standards. The provider must not hire or continue to employ a resident manager or substitute caregiver who does not meet the standards stated in this rule.

(5) Providers Responsibility for Supervision and Training. A provider 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 and/or duties.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0045, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0365

Facility Standards

In order to qualify for or maintain a license, an AFH must meet the following provisions.

(1) Compliance with Building and Fire Code. Demonstrate compliance with Oregon Structural Specialty Code (OSSC) and Oregon Fire Code: and

(a) Each AFH must maintain up-to-date documentation verifying they meet applicable local business license, zoning, and building and housing codes, and state and local fire and safety regulations. It is the duty of the provider to check with local government to be sure all applicable local codes have been met;

(b) Each AFH established on or after October 1, 2004 must meet all applicable State building, mechanical, and housing codes for fire and life safety. The AFH must be inspected for fire safety by an inspector designated by the Division using the recommended standards established by the State Fire Marshal for facilities housing one to five persons. Refer to Appendix I of the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Structural Specialty Code. When deemed necessary by the Division, a request for fire inspection must be made to the State Fire Marshal.

(c) The building and furnishings must be clean and in good repair and grounds must be maintained. Walls, ceilings, and floors must be of such character to permit frequent washing, cleaning, or painting. There must be no accumulation of garbage, debris, rubbish or offensive odors;

(d) Stairways must be provided with handrails. A functioning light must be provided in each room, stairway, and exit way; incandescent light bulbs must be protected with appropriate covers. Yard and exterior steps must be accessible to individuals;

(e) The heating system must be in working order. Areas of the AFH used by individuals must be maintained at no less than 68 degrees Fahrenheit during the day and 60 degrees Fahrenheit during sleeping hours. During times of extreme summer heat, the provider must make a reasonable effort to make the individuals comfortable using available ventilation or fans;

(f) There must be at least 150 square feet of common space, and sufficient comfortable furniture in the AFH to accommodate the recreational and socialization needs of the occupants at one time. Common space must not be located in the basement or garages unless such space was constructed for that purpose or has otherwise been legalized under permit. Additional space is required if wheelchairs are to be accommodated;

(g) Pools and hot tubs must be equipped with sufficient safety barriers or devices to prevent accidental injury in accordance with Section R116 of the Oregon Residential Specialty Code.

(2) Accessibility for Persons with Disabilities. Any accessibility improvements made to accommodate an identified individual must be in accordance with the specific needs of the individual and comply with Chapter 11 of the building code.

(3) Outdoor Areas. An accessible outdoor area is required and must be made available to individuals. A portion of the outdoor area must be covered and have an all-weather surface, such as a patio or deck.

(4) Storage Areas. Storage for a reasonable amount of individual individual belongings beyond that of the individual’s unit must be made available.

(a) All yard maintenance equipment must be maintained in a locked storage if such equipment poses a safety threat.

(b) A locked storage area for individual medications separate from food, laundry and toxic or hazardous materials must be made accessible to all caregivers. For individuals who are self-medicating, the provider must make a secured locked box available to assure the safety of all occupants of the home.

(c) A locked storage area separate from food and medications must be designated when there are toxic or hazardous materials on the premises.

(5) Bathrooms. All equipment must be clean and in good repair and provide individual privacy and have: a finished interior; a mirror; an operable window or other means of ventilation; and a window covering.

(a) Must have tubs or showers, toilets and sinks, and hot and cold water. A sink must be located near each toilet. A toilet and sink must be provided on each floor where rooms of non-ambulatory individuals or individuals with limited mobility are located. There must be at least one toilet, one sink, and one tub or shower for each six household occupants, including the provider and family;

(b) Must have hot and cold water in sufficient supply to meet the needs of individuals for personal hygiene. Hot water temperature sources for bathing areas must not exceed 120 degrees Fahrenheit;

(c) Must have shower enclosures with nonporous surfaces; glass shower doors will be tempered safety glass. Shower curtains must be clean and in good condition. Non-slip floor surfaces will be provided in tubs and showers;

(d) Must have grab bars for toilets, tubs, and/or showers for individual's safety as required by individual's disabilities;

(e) The home must not be designed such that an individual or employee must walk through another individual's bedroom to get to a bathroom. Individuals must have barrier-free access to toilet and bathing facilities with appropriate fixtures.

(f) If there are non-ambulatory individual; alternative arrangements for non-ambulatory individuasl must be appropriate to individual needs for maintaining good personal hygiene.

(g) Individuals must have appropriate racks or hooks for drying bath linens.

(6) Units. All furniture and furnishings must be clean and in good repair. Units for all household occupants must have been constructed as a bedroom when the home was built or remodeled under permit; be finished, with walls or partitions of standard construction which go from floor to ceiling, and a door which opens directly to a hallway or common use room without passage through another unit or common bathroom; be adequately ventilated, heated and lighted with at least one operable window which meets fire egress regulations. (See Section R310 Emergency Escape and Rescue Openings in the Oregon Residential Specialty Code.) All units must include a minimum of 70 square feet of usable floor space for each individual or 120 square feet for two individuals and have no more than two persons per room and allow for a minimum of three feet between beds. In addition, the provider must ensure the following:

(a) Each unit has a lockable entrance door for the individual’s privacy, as follows:

(A) The locking device must release with a single-action lever on the inside of the unit, open to a hall or common-use room;

(B) The provider must provide each individual with a personalized key that operates only the door to his or her unit door from the corridor side.

(D) The provider must maintain a master key to access all of the units that is quickly available to the provider or resident manager as appropriate and documented in the individual’s person-centered service plan;

(E) The provider must not disable or remove a lock to a unit without first obtaining consent from the individual or the individual’s legal representative through the individually based limitations process described in OAR 411-004-0040(2) and as incorporated by OAR 309-040-0391; and

(F) Section (6)(a) of these rules and its subsections are effective July 1, 2016 and enforceable as described in OAR 309-040-315(7).

(b) Providers, resident managers or their family members must not sleep in areas designated as living areas, nor share units with individuals;

(c) In determining maximum capacity, consideration must be given to whether children over the age of five have a bedroom separate from their parents.

(d) Units must be on ground level for individuals who are non-ambulatory or have impaired mobility;

(e) Individual units must be in close enough proximity to alert the provider or resident manager to night time needs or emergencies, or be equipped with a call bell or intercom.

(7) Housing Codes. Each AFH established on or after October 1, 2004 must meet all applicable State building, residential, fire, mechanical, and housing codes for fire and life safety. The AFH must be inspected for fire safety by an inspector designated by the Division using the recommended standards established by the State Fire Marshal for facilities housing one to five individuals. Refer to Appendix I of the Oregon Fire Code, the Oregon Residential Specialty Code, and the Oregon Structural Specialty Code. When deemed necessary by the Department, a request for fire inspection must be made to the State Fire Marshal.

(8) Special hazards.

(a) Flammable and combustible liquids and hazardous materials must be safely and properly stored in original, properly labeled containers, or safety containers, and secured to prevent tampering by individuals or others. Firearms on the premises of an AFH must be stored in a locked cabinet. The firearms cabinet must be located in an area of the home that is not readily accessible to individuals and all ammunition must be stored in a separate, locked location;

(b) Smoking regulations will be adopted to allow smoking only in designated areas. Smoking will be prohibited in sleeping rooms and upon upholstered crevasse furniture. Ashtrays of noncombustible material and safe design will be provided in areas where smoking is permitted;

(c) Cleaning supplies, poisons and insecticides must be properly stored in original, properly labeled containers in a safe area away from food, preparation and storage, dining areas, and medications.

(9) Common Use Rooms. All furniture and furnishings must be clean and in good repair. There must be at least 150 square feet of common space, and sufficient comfortable furniture in the AFH to accommodate the recreational and socialization needs of the occupants at one time. Common space must not be located in the basement or garages unless such space was constructed for that purpose or has otherwise been legalized under permit. Additional space will be required if wheelchairs are to be accommodated;

(10) Laundry and Related Space. All equipment must be clean and in good repair. Laundry facilities must be separate from food preparation and other individual use areas. The provider must maintain the following:

(a) Locked storage area for chemicals that pose a safety threat to individuals or family members;

(b) Sufficient, separate storage and handling space to ensure that clean laundry is not contaminated by soiled laundry;

(c) Outlets, venting and water hookups according to State Building Code requirements; and

(d) Washers must have a minimum rinse temperature of 140 degrees Fahrenheit.

(11) Kitchen. All equipment must be clean and in good repair. The provider must maintain an area for dry storage, not subject to freezing, in cabinets or a separate pantry with a minimum of one week’s supply of staple foods. The provider must maintain the following:

(a) Sufficient refrigeration space maintained at 45 degrees Fahrenheit or less and freezer space for a minimum of two days’ supply of perishable foods;

(b) A dishwasher with a minimum final rinse of 140 degrees Fahrenheit;

(c) Smooth, nonabsorbent and cleanable counters for food preparation and serving;

(d) Appropriate storage for dishes and cooking utensils designed to be free from potential contamination;

(e) Stove and oven equipment for cooking and baking needs;

(f) Storage for a mop and other cleaning tools and supplies used for food preparation, dining and adjacent areas. Such cleaning tools must be maintained separately from those used to clean other parts of the home; and

(g) Dining Space where meals are served must be provided to seat all individuals at the same seating.

(12) Details and Finishes:

(a) The building and furnishings must be clean and in good repair and grounds will be maintained. Walls, ceilings, and floors will be of such character to permit frequent washing, cleaning, or painting

(b) Doors. Locks used on doors to individuals’ units must be in good repair with an interactive lock to release with operation of the inside door handle and be master keyed from the corridor side and comply with the requirements established by OAR 309-040-0365(6)(a) and its subsections. Exit doors must not have locks that prevent evacuation except as permitted by Section 1008.1.8 of the building code. An exterior door alarm or other acceptable system may be provided for security purposes and alert the provider when individual(s) or others enter or exit the home.

(c) Handrails. Handrails must be secured on all stairways.

(13) Heating and Ventilation. The heating system must be in working order:

(a) Temperature Control. Areas of the AFH used by individuals must be maintained at no less than 68 degrees Fahrenheit during daytime hours and no less than 60 degrees Fahrenheit during sleeping hours. During times of extreme summer heat, the provider must make reasonable effort to make the residents comfortable using available ventilation or fans;

(b) Exhaust Systems. All toilets and shower rooms must be ventilated by a mechanical exhaust system or operable window.

(c) Fireplaces, Furnaces, Wood Stoves. Design and installation must meet standards of the Oregon Mechanical and Residential Specialty Code and have annual inspections to assure no safety hazard exists.

(d) Water Temperature in individual areas, hot water temperatures must be maintained within a range of 110? to 120 degrees Fahrenheit. Hot water temperatures for washing machines and dishwashers must be at least 140 degrees Fahrenheit.

(14) Electrical. All electrical systems must meet the standards of the Oregon Electrical Specialty Code in effect on the date of installation, and all electrical devices must be properly wired and in good repair:

(a) When not fully grounded, GFI-type receptacles or circuit breakers as an acceptable alternative may protect circuits in individual areas.

(b) Circuit breakers or non-interchangeable circuit-breaker-type fuses in fuse boxes must be used to protect all electrical circuits.

(c) A sufficient supply of electrical outlets must be provided to meet individual and staff needs without the use of extension cords or outlet expander devices.

(d) A functioning light must be provided in each room, stairway, and exit way. Lighting Fixtures will be provided in each individual bedroom and bathroom, with a light switch near the entry door, and in other areas as required to meet task illumination needs.

(e) Incandescent light bulbs must be protected with appropriate covers.

(15) Plumbing. All plumbing must meet the Oregon Plumbing Specialty Code in effect on the date of installation, and all plumbing fixtures must be properly installed and in good repair.

(16) Pool, Hot Tubs and Ponds. Pools, hot tubs, and ponds must be equipped with sufficient safety barriers or devices to prevent accidental injury in accordance with Section R116 of the Oregon Residential Specialty Code.

(17) Telephones:

(a) A telephone must be available and accessible 24 hours a day for individuals' use for incoming and outgoing calls in the AFH;

(b) Emergency telephone numbers for the local CMHP, Police, Fire, Medical, Poison Control, provider and other emergencies must be posted by the individuals’ telephone. The posting must include the name, address and telephone number of the AFH, telephone numbers for making complaints or a report of alleged abuse to the local CMHP, the Division, the Office of Investigations and Training, and the Oregon Advocacy Center.

(d) AFH telephone numbers must be listed in the local telephone directory.

(e) The provider may establish reasonable rules governing telephone use to ensure equal access by all individuals. Each individual or guardian (as applicable) will be responsible for payment of long distance phone bills where calls were initiated by the individual, unless otherwise mutually agreed arrangements have been made.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92), Sections (8)-(10) renumbered to 309-040-0052; MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0050, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0370

Safety

(1) Training on Safety Procedures. The provider must train all program staff in staff safety procedures prior to beginning their first regular shift. All individuals must be trained in individual safety procedures as soon as possible during their first 72 hours of residency.

(2) Emergency Procedure.

(a) An emergency evacuation procedure must be developed, posted, and rehearsed with occupants. A record must be maintained of evacuation drills. Drills must be scheduled at different times of the day and on different days of the week with different locations designated as the origin of the fire for drill purposes.

(A) Drills must be held at least once every 30 days.

(B) One drill practice must be held at least once every 90 days during individual’s nighttime sleeping hours. Fire drill records must be maintained for three years and will include date, time for full evacuation, safety equipment checked (to include fire extinguishers, smoke detectors, secondary egress points, flashlights, and furnace filters), comments on the drill results, and names of individuals requiring assistance for evacuation;

(b) The Personal Care Plan must document that, within 24 hours of arrival, each new individual has received an orientation to basic safety and has been shown how to respond to a fire alarm, and how to exit from the AFH in an emergency;

(c) The provider must demonstrate the ability to evacuate all individuals from the facility within three minutes. If there are problems in demonstrating this evacuation time, the Division may apply conditions to the license which include, but may not be limited to, reduction of individuals under care, additional staffing, increased fire protection, or revocation of the license;

(d) The provider must provide to the Division, maintain as current, and post a floor plan on each floor containing room sizes, location of each individual's bed, fire exits, resident manager or provider's sleeping room, smoke detectors, fire extinguishers and escape routes. A copy of this drawing must be submitted with the application and updated to reflect any change;

(e) There will be at least one plug-in rechargeable flashlight available for emergency lighting in a readily accessible area on each floor including basement.

(3) Disaster Plan. A written disaster plan must be developed to cover such emergencies and disasters as fires, explosions, missing persons, accidents, earthquakes and floods. The plan will be posted by the phone and immediately available to the employees. The plan will specify temporary and long-range habitable shelter where staff and individuals will reside if the facility becomes uninhabitable.

(4) Poisonous and Other Toxic Materials. Non-toxic cleaning supplies must be used whenever available. Poisonous and other toxic materials must be properly labeled and stored in locked areas distinct and apart from all food and medications.

(5) Evacuation Capability. Evacuation capability categories are based upon the ability of the individuals and staff as a group to evacuate the facility or relocate from a point of occupancy to a point of safety.

(a) Documentation of an individual’s ability to safely evacuate from the facility must be maintained in the individual’s personal care plan.

(b) Individuals experiencing difficulty with evacuating in a timely manner must be provided assistance from staff and offered environmental and other accommodations, as practical. Under such circumstances, the provider must consider increasing staff levels, changing staff assignments, offering to change the individual's room assignment, arranging for special equipment, and taking other actions that may assist the individual.

(c) Individuals who still cannot evacuate the home safely in the allowable period of time (3 minutes) must be assisted with transferring to another program with an evacuation capability designation consistent with the individual's documented evacuation capability.

(d) Written evacuation records must be retained for at least three years. Records must include documentation, made at the time of the drill, specifying the date and time of the drill, the location designated as the origin of the fire for drill purposes, the names of all individuals and staff present, the amount of time required to evacuate, notes of any difficulties experienced, and the signature of the staff person conducting the drill.

(6) Unobstructed Egress. All stairways, halls, doorways, passageways, and exits from rooms and from the home must be unobstructed.

(7) Portable Firefighting Equipment. At least one 2A-10BC rated fire extinguisher must be in a visible and readily accessible location on each floor, including basements, and must be inspected at least once a year by a qualified worker that is well versed in fire extinguisher maintenance. All recharging and hydrostatic testing must be completed by a qualified agency properly trained and equipped for this purpose;

(8) Smoke Alarms. Approved smoke detector systems or smoke alarms must be installed according to Oregon Residential Specialty Code and Oregon Fire Code requirements. These alarms will be tested during each evacuation drill. The provider must provide approved signal devices for persons with disabilities who do not respond to the standard auditory alarms. All of these devices must be inspected and maintained in accordance with the requirements of the State Fire Marshal or local agency having jurisdiction. Ceiling placement of smoke alarms or detectors is recommended. Alarms must be equipped with a device that warns of low battery when battery operated. All smoke detectors and alarms must be maintained in functional condition;

(9) Special hazards:

(a) Flammable and combustible liquids and hazardous materials must be safely and properly stored in original, properly labeled containers or safety containers, and secured to prevent tampering by individuals and vandals. Firearms on the premises of an AFH must be stored in a locked cabinet. The firearms cabinet must be located in an area of the home that is not readily accessible to clients and all ammunition must be stored in a separate, locked location;

(b) Smoking regulations must be adopted to allow smoking only in designated areas. Smoking must be prohibited in sleeping rooms and upon upholstered crevasse furniture. Ashtrays of noncombustible material and safe design must be provided in areas where smoking is permitted;

(c) Cleaning supplies, poisons and insecticides must be properly stored in original, properly labeled containers in a safe area away from food, preparation and storage, dining areas, and medications.

(10) Sprinkler Systems. Sprinkler systems, if used, must be installed in compliance with the Oregon Structural Specialty Code and Oregon Fire Code and maintained in accordance with rules adopted by the State Fire Marshal.

(11) First Aid Supplies. First aid supplies must be readily accessible to staff. All supplies will be properly labeled.

(12) Portable Heaters. Portable heaters are a recognized safety hazard and will not be used, except as approved by the State Fire Marshal, or authorized representative.

(13) Safety Program. A safety plan must be developed and implemented to identify and prevent the occurrence of hazards. Hazards may include, but are not limited to, dangerous substances, sharp objects, unprotected electrical outlets, use of extension cords or other special plug-in adapters, slippery floors or stairs, exposed heating devices, broken glass, inadequate water temperatures, overstuffed furniture in smoking areas, unsafe ashtrays and ash disposal, and other potential fire hazards.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0375

Sanitation

(1) Water Supply. The water supply in the home must meet the requirements of the current rules of the Authority governing domestic water supplies.

(a) A municipal water supply must be utilized if available.

(b) When the home is not served by an approved municipal water system, and the home qualifies as a public water system according to OAR 333-061-0020(94), Authority rules for public water systems, then the provider must comply with the OAR chapter 333 rules of the Authority pertaining to public water systems. These include requirements that the drinking water be tested for total coliform bacteria at least quarterly, and nitrate at least annually, and reported to the Division. For adverse test results, these rules require that repeat samples and corrective action be taken to assure compliance with water quality standards, that public notice be given whenever a violation of the water quality standards occurs, and that records of water testing be retained according to the Division requirements.

(2) Surfaces. All floors, walls, ceilings, windows, furniture, and equipment must be kept in good repair, clean, neat, and orderly.

(3) Plumbing Fixtures. Each bathtub, shower, lavatory, and toilet must be kept clean, in good repair and regularly sanitized.

(4) Disposal of Cleaning Waste Water. No kitchen sink will be used for the disposal of cleaning wastewater.

(5) Soiled Laundry. Soiled linens and clothing must be stored in an area or container separate from kitchens, dining areas, clean linens, clothing, and food.

(6) Pest Control. All necessary measures must be taken to prevent rodents and insects from entering the home. Should pests be found in the home, appropriate action must be taken to eliminate them.

(7) Grounds Maintenance. The grounds of the facility must be kept orderly and reasonably free of litter, unused articles, and refuse.

(8) Garbage Storage and Removal. Garbage and refuse receptacles must be clean, durable, watertight, insect and rodent proof, and will be kept covered with tight-fitting lids. All garbage and solid waste must be disposed of at least weekly and in compliance with the current rules of the Department of Environmental Quality.

(9) Sewage Disposal. All sewage and liquid wastes must be disposed of in accordance with the Plumbing Code to a municipal sewage system where such facilities are available. If a municipal sewage system is not available, sewage and liquid wastes must be collected, treated, and disposed of in compliance with the current rules of the Department of Environmental Quality. Sewage lines, and septic tanks or other non-municipal sewage disposal systems where applicable, must be maintained in good working order.

(10) Biohazard Waste. Biohazard waste must be disposed of in compliance with the rules of the Department of Environmental Quality.

(11) Infection Control. Precautions must be taken to prevent the spread of infectious and/or communicable diseases as defined by the Centers for Disease Control and to minimize or eliminate exposure to known health hazards.

(a) In accordance with OAR 437, division 2, subdivision Z, section 1910.1030 of the Oregon Occupational Safety and Health Code, program staff must employ universal precautions whereby all human blood and certain body fluids are treated as if known to be infectious for HIV, HBV and other blood borne pathogens.

(b) Bathroom facilities must be equipped with an adequate supply of toilet paper, soap, and towels.

(12) Infection Control for Pets and Other Household Animals. If pets or other household animals exist at the home, sanitation practices must be implemented to prevent health hazards.

(a) Such animals must be vaccinated in accordance with the recommendations of a licensed veterinarian. Proof of such vaccinations must be maintained on the premises.

(b) Animals not confined in enclosures must be under control and maintained in a manner that does not adversely impact individuals or others.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0380

Resident Furnishings

(1) Bedrooms/Units:

(a) Bedrooms for all household occupants and units for individuals must have been constructed as a bedroom when the home was built or remodeled under permit; be finished, with walls or partitions of standard construction which go from floor to ceiling, and a door which opens directly to a hallway or common use room without passage through another bedroom/unit or common bathroom; be adequately ventilated, heated and lighted with at least one operable window which meets the requirements of Section R310 of the Oregon Residential Specialty Code; have at least 70 square feet of usable floor space for each individual or 120 square feet for two individuals and have no more than two individuals per room;

(b) Providers, resident managers, or their family members must not sleep in areas designated as living areas, nor share bedrooms/units with individuals;

(c) There must be an individual bed for each individual consisting of a mattress in good condition and springs at least 36 inches wide. Cots, rollaway, bunks, trundles, couches, and folding beds may not be used for individuals. Each bed must have clean bedding in good condition consisting of a bedspread, mattress pad, two sheets, a pillow, a pillowcase, and blankets adequate for the weather. Sheets and pillowcases must be laundered at least weekly, and more often if necessary. Waterproof mattress covers must be used for incontinent individuals. Day care individuals may not use individual beds;

(d) Each unit must have sufficient separate, private dresser and closet space for each individual's clothing and personal effects, including hygiene and grooming supplies. Individuals must be allowed to keep and use reasonable amounts of personal belongings, and to have private, secure storage space. Drapes or shades for windows must be in good condition and provider privacy for individuals;

(e) Units must be on ground level for individuals who are non-ambulatory or have impaired mobility;

(f) Units must be in close enough proximity to provider to alert provider to night time needs or emergencies, or be equipped with a call bell or intercom.

(2) Personal Hygiene Items. Each individual must be assisted in obtaining personal hygiene items in accordance with individual needs. Items must be stored in a clean and sanitary manner, and may be purchased with the individual's personal allowance. Personal hygiene items include, but are not limited to, a comb and/or hairbrush, a toothbrush, toothpaste, menstrual supplies (if needed), towels and washcloths.

(3) Supplies Provided by AFH. Sufficient supplies of soap, shampoo and toilet paper for all individuals must be provided.

(4) Common Area Furniture. An adequate supply of furniture for individual use in living room, dining room, and other common areas must be maintained in good condition.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0385

Food Services

(1) Well-balanced Diet. Three nutritious meals must be served daily at times consistent with those in the community. Meals must be planned and served in accordance with the recommended dietary allowances found in the United States Department of Agriculture Food Guide Pyramid or as directed by a prescriber. Consideration must be given to cultural and ethnic backgrounds of individuals in food preparation.

(2) Modified or Special Diets. An order from a Licensed Medical Professional must be obtained for each individual who, for health reasons, is on a modified or special diet. Such diets must be planned in consultation with the individual.

(3) Menus. Menus must be prepared at least one week in advance and provide a sufficient variety of foods served in adequate amounts for each individual at each meal and adjusted for seasonal changes. Records of menus, as served, must be filed and maintained in the AFH for three years. Individual preferences and requests must be considered in menu planning. Religious and vegetarian preferences must be reasonably accommodated.

(4) Meal Preparation. Meals must be prepared and served in the facility where the individuals live. Payment for meals eaten away from the facility for the convenience of the provider (e.g. restaurants, senior meal sites) is the responsibility of the provider. Meals and snacks as part of an individual recreational outing are the responsibility of the individual. Food preparation areas must be clean, free of obnoxious odors and in good repair.

(5) Supply of Food. Adequate supplies of staple foods, for a minimum of one week, and perishable foods, for a minimum of two days, must be maintained on the premises.

(6) Adequate Storage. Food must be stored, prepared, and served in accordance with the Authority Food Sanitation Rules.

(a) All working refrigerators and freezers must have a thermometer in working order.

(b) Food storage areas and equipment must be such that food is protected from dirt and contamination and maintained at proper temperatures to prevent spoilage.

(7) Food Service Equipment. Equipment must be maintained in a safe and sanitary manner. Utensils, dishes and glassware must be maintained in a sufficient number to accommodate the licensed capacity of the AFHs. Utensils, dishes, and glassware must be washed in hot soapy water, rinsed, and stored to prevent contamination. A dishwasher with sanicycle is recommended.

(8) The provider must support the individual’s right to access food at any time. The provider may only apply an individually based limitation where the circumstances meet, and the provider complies with, the standards and requirements of OAR 411-050-0655 as incorporated by OAR 309-040-0391. This subsection is effective July 1, 2016 and enforceable as described in OAR 309-040-0315(7).

(9) If an individual misses a meal at a scheduled time, an alternative meal must be made available.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0390

Standards and Practices for Care and Services

(1) Caregiver Requirements. There must be a provider, resident manager or substitute caregiver on duty 24 hours per day in an AFH in accordance with ORS 443.725(3).

(2) Medications and Prescriber's Orders:

(a) There must be a copy of a medication, treatment, or therapy order signed by a physician, nurse practitioner or other licensed prescriber in the individual's file for the use of any medications, including over the counter medications, treatments, and other therapies.

(b) A provider, resident manager or substitute caregiver must dispense medications, treatments, and therapies as prescribed by a physician, nurse practitioner or other licensed prescriber. Changes to orders for the dispensing and administration of medication or treatment must not be made without a written order from a physician, nurse practitioner or other licensed prescriber. A copy of the medication, treatment, or therapy order must be maintained in the individual's record. The provider, resident manager or substitute caregiver must promptly notify the individual's case manager of any request for a change in individual's orders for medications, treatments, or therapies.

(c) Each individual's medication must be clearly labeled with the pharmacist's label or the manufacturer's originally labeled container and kept in a locked location. The provider and/or provider's family medication must be stored in a separate locked location. All medication for pets or other animals must be stored in a separate locked location. Unused, outdated, or recalled medications must not be kept in the AFH and must be disposed in a manner to prevent diversion into the possession of people other than for whom it was prescribed. The provider must document disposal of all unused, outdated and or recalled medication on individuals' individual drug disposal forms.

(d) Medications must not be mixed together in another container prior to administration except as packaged by the pharmacy or by physician order;

(e) A written medication administration record (MAR) for each individual must be kept of all medications administered by the program staff to that individual, including over the counter medications. The MAR must indicate name of medication, dosage and frequency of administration, route or method, dates and times given, and will be immediately initialed by the caregiver dispensing using only blue or black indelible ink. Treatments, therapies and special diets must be immediately documented on the medication administration record including times given, type of treatment or therapy, and initials of the caregiver giving it using only blue or black indelible ink. The medication administration record must have a legible signature for each set of initials using only blue or black indelible ink;

(f) The MAR must include documentation of any known allergy or adverse reactions to a medication, and documentation and an explanation of why a PRN medication was administered and the results of such administration;

(g) Self-administration of medication. For any individual who is self-administering medication the individual's individual record must include the following:

(A) Documentation that the individual has been trained for self-administering of prescribed medication or treatment or that the prescriber has provided documentation that training for the individual is unnecessary;

(B) Documentation that the individual is able to manage his or her own medication regimen and the provider must keep medications stored in an area that is inaccessible to others and locked;

(C) Documentation of retraining when there is a change in dosage, medication and time of delivery;

(D) Documentation of review of self-administration of medication as part of the Personal Care Plan process; and

(E) Documentation of a current prescriber order for self-administration of medication.

(h) Injections may be self-administered by the individual, or administered by a relative of the individual, a currently licensed registered nurse, a licensed practical nurse under registered nurse supervision, or providers who have been trained and are monitored by a physician or delegated by a registered nurse in accordance with administrative rules of the Board of Nursing chapter 851, division 047. Documentation regarding the training or delegation must be maintained in the individual's record;

(5) Delegation of Nursing Care Tasks. Nursing tasks may be delegated by a registered nurse to providers and other caregivers only in accordance with administrative rules of the Board of Nursing chapter 851, division 47. This includes but is not limited to the following conditions:

(a) The registered nurse has assessed the individual's condition to determine there is not a significant risk to the individual if the provider or other caregiver performs the task;

(b) The registered nurse has determined the provider or other caregiver is capable of performing the task;

(c) The registered nurse has taught the provider or caregiver how to do the task;

(d) The provider or caregiver has satisfactorily demonstrated to the registered nurse the ability to perform the task safely and accurately;

(e) The registered nurse provides written instructions for the provider or caregiver to use as a reference;

(f) The provider or caregiver has been instructed that the task is delegated for this specific person only and is not transferable to other individuals or taught to other care providers;

(g) The registered nurse has determined the frequency for monitoring the provider or caregiver's delivery of the delegated task; and

(h) The registered nurse has documented a Personal Care Plan for the individual including delegated procedures, frequency of registered nurse follow-up visits, and signature and license number of the registered nurse doing the delegating.

(6) Initial Personal Care Plan. The Initial Personal Care Plan must be developed within 24 hours of admission to the AFH.

(7) Personal Care Plan.

This section and its parts remain in effect until July 1, 2016. On that date, new rules governing PCPs and rules concerning person centered planning per OAR 309-040-0315(7) become effective and enforceable.

(a) In accordance with Standards for Adult Mental Health Services, OAR 309-032-0535 Definitions (3) Case management (22) Personal Care Plan and 309-032-0545 Adult Mental Health Services (1)(2) the provider will develop the PCP in collaboration with the individual and others as appropriate, including the individual’s case manager, and guardian as applicable. The Personal Care Plan for an individual will be reviewed and updated by the personal care plan team every 180 days or more frequently as necessary in accordance with 309-032-0545 Adult Mental Health Services (2)(g);

(b) The individual's case manager or other designated person will review and update the individual's personal care services prescription and status as needed;

(c) If the team agrees that interim changes in the Personal Care Plan are required, the case manager will make the changes.

(8) Personal Care Plan.

This subsection and its subparts are effective July 1, 2016 and enforceable as described in OAR 309-040-0315(7).

(a) Timing Requirements. During the initial 30 calendar days following the individual's admission to the AFH, the provider must continue to assess and document the individual's preferences and care needs. The provider must complete and document the assessment and care plan in a PCP within 30 days after admission unless the individual is admitted to the AFH for crisis-respite services.

(b) Personal Care Plan Contents. A PCP is an individualized plan intended to implement and document the provider’s delivery of services as well as any individualized limitations contained within the person centered service plan and identify the goals to be accomplished through those services. The PCP must describe the individual's needs, preferences, and capabilities, and what assistance the individual requires for various tasks.

(c) Development of Personal Care Plan. The provider must develop the PCP based upon the findings of the individual assessment, with participation of the individual and the individual’s representative (as applicable), and through collaboration with the individual's primary mental health treatment provider and the person centered service plan coordinator. With consent of the individual or the individual’s representative, family members, representatives from involved agencies, and others with an interest in the individual's circumstances may be invited to participate in the development of the PCP. The provider must have proper, prior authorization from the individual, or the individual’s representative, prior to such contact.

(d) Addressing the Person-Centered Service Plan. The PCP must adequately consider and facilitate the implementation of the individual’s Person-centered Service Plan by addressing the following:

(A) Address the implementation and provision of services by the provider consistent with the obligations imposed by the person-centered service plan;

(B) Identify the individual’s service needs, desired outcomes and service strategies to advance all areas identified in the person centered service plan, the individual’s physical and medical needs, medication regimen, self-care, social-emotional adjustment, behavioral concerns, independent living capability and community navigation, as well as any other area of concern or the other goals set by the individual;

(c) The PCP must be signed by the individual, the provider or the provider’s designee, and others, as appropriate, to indicate mutual agreement with the course of services outlined in the plan;

(d) The provider must review and update each individual’s PCP every six months and when an individual’s condition changes. The review must be documented in the individual’s record at the time of the review and include the date of the review and the provider’s signature. If a PCP contains many changes and becomes less legible, the provider must write a new care plan;

(e) The PCP must be attached to the person-centered service plan as an addendum.

(9) Person-Centered Service Plan. A person-centered service plan is required as follows:

(a) A person centered service plan coordinator, under contract with the Division will complete a Person-Centered Service Plan with each individual, pursuant to OAR 411-004-0030. The provider must make a good faith effort to implement and complete all elements the provider is responsible for implementing as identified in the Person-Centered Service Plan.

(b) The person-centered service plan coordinator documents the person-centered service plan on behalf of the individual and provides the necessary information and supports to ensure the individual directs the person-centered service planning process to the maximum extent possible.

(c) The person-centered service plan must be developed by the individual and, as applicable, the legal or designated representative of the individual, and the person-centered service plan coordinator. Others may be included only at the invitation of the individual and, as applicable, the individual’s representative.

(d) To avoid conflict of interest, the person-centered service plan may not be developed by the provider for individuals receiving Medicaid. The Division may grant exceptions where it determines that the provider is the only willing and qualified entity to provide case management and develop the person-centered service plan in a specific geographic area.

(e) For private pay individuals, a person-centered service plan may be developed by the individual, or, as applicable, the legal or designated representative of the individual, and others chosen by the individual. Providers will assist private pay individuals in developing person-centered service plans when no alternative resources are available. Private pay individuals are not required to have a written person-centered service plan.

(10) Person-Centered Service Planning Process. A person-centered service plan must be developed through a person-centered service planning process. The person-centered service planning process:

(a) Is driven by the individual;

(b) Includes people chosen by the individual;

(c) Provides necessary information and supports to ensure the individual directs the process to the maximum extent possible and is enabled to make informed choices and decisions;

(d) Is timely, responsive to changing needs, occurs at times and locations convenient to the individual, and is reviewed at least annually;

(e) Reflects the cultural considerations of the individual;

(f) Uses language, format, and presentation methods appropriate for effective communication according to the needs and abilities of the individual and, as applicable, the individual’s representative;

(g) Includes strategies for resolving disagreement within the process, including clear conflict of interest guidelines for all planning participants, such as:

(A) Discussing the concerns of the individual and determining acceptable solutions;

(B) Supporting the individual in arranging and conducting a person-centered service planning meeting;

(C) Utilizing any available greater community conflict resolution resources;

(D) Referring concerns to the Office of the Long-Term Care Ombudsman; or

(E) For Medicaid recipients, following existing, program-specific grievance processes.

(h) Offers choices to the individual regarding the services and supports the individual receives, and from whom, and records the alternative HCB settings that were considered by the individual;

(i) Provides a method for the individual or, as applicable, the individual’s representative, to request updates to the person-centered service plan for the individual, as needed;

(j) Is conducted to reflect what is important to the individual to ensure delivery of services in a manner reflecting personal preferences and ensuring health and welfare;

(k) Identifies the strengths and preferences, service and support needs, goals, and desired outcomes of the individual;

(l) Includes any services that are self-directed, if applicable;

(m) Includes, but is not limited to, individually identified goals and preferences related to relationships, greater community participation, employment, income and savings, healthcare and wellness, and education;

(n) Includes risk factors and plans to minimize any identified risk factors; and

(o) Results in a person-centered service plan documented by the person-centered services plan coordinator, signed by the individual or, as applicable, the individual’s representative, participants in the person-centered service planning process, and all persons responsible for the implementation of the person-centered service plan, including the provider, as described below in section (11)(a)(O) of this rule. The person-centered service plan is distributed to the individual, and, as applicable, the individual’s representative, and other people involved in the person-centered service plan as described below in section (11)(d) of this rule.

(11) Required Contents of Person-Centered Service Plan:

(a) Where the provider is responsible for developing the person-centered service plan, the provider must ensure that the plan includes the following:

(A) HCBS and setting options based on the needs and preferences of the individual, and for residential settings, the available resources of the individual for room and board;

(B) The HCBS and settings are chosen by the individual and are integrated in, and support full access to, the greater community;

(C) Opportunities to seek employment and work in competitive integrated employment settings for those individuals who desire to work. If the individual wishes to pursue employment, a non-disability specific setting option must be presented and documented in the person-centered service plan;

(D) Opportunities to engage in greater community life, control personal resources, and receive services in the greater community to the same degree of access as people not receiving HCBS;

(E) The strengths and preferences of the individual;

(F) The service and support needs of the individual;

(G) The goals and desired outcomes of the individual;

(H) The providers of services and supports, including unpaid supports provided voluntarily;

(I) Risk factors and measures in place to minimize risk;

(J) Individualized backup plans and strategies, when needed;

(K) People who are important in supporting the individual;

(L) The person responsible for monitoring the person-centered service plan;

(M) Language, format, and presentation methods appropriate for effective communication according to the needs and abilities of the individual receiving services and, as applicable, the individual’s representative;

(N) The written informed consent of the individual or, as applicable, the individual’s representative;

(O) Signatures of the individual or, as applicable, the legal or designated representative of the individual, participants in the person-centered service planning process, and all people and providers responsible for the implementation of the person-centered service plan as described below in subsection (c) of this section;

(P) Self-directed supports; and

(Q) Provisions to prevent unnecessary or inappropriate services and supports.

(b) Where the provider is not responsible for the developing the person-centered service plan but provides or will provide services to the individual, the provider must provide relevant information and provide necessary support for the person-centered service plan coordinator or other person developing the plan to fulfill the characteristics described in part (a) of this subsection.

(c)The individual or, as applicable, the individual’s representative, decides on the level of information in the person-centered service plan that is shared with providers. To effectively provide services, providers must have access to the portion of the person-centered service plan that the provider is responsible for implementing.

(d) The person-centered service plan is distributed to the individual and, as applicable, the individual’s representative, and other people involved in the person-centered service plan as described above in subsection 9(c) of this section.

(e) The person-centered service plan must justify and document any individually-based limitation to be applied as described in OAR 309-040-0391when conditions under OAR 309-040-0410(2) may not be met due to threats to the health and safety of the individual or others.

(f) The person-centered service plan must be reviewed and revised:

(A) At the request of the individual or, as applicable, the individual’s representative;

(B) When the circumstances or needs of the individual change; or

(C) Upon reassessment of functional needs as required every 12 months.

(12) Crisis Respite Individuals. Because it may not be possible to assemble complete records and develop a person-centered service plan during the crisis-respite individual's short stay, the provider is not required to develop a person-centered service plan under these rules, but must, at a minimum, develop an initial care plan as required by subsection (7) of these rules to identify service needs, desired outcomes, and service strategies to resolve the crisis or address the individual’s other needs that caused the need for crisis-respite services. In addition, the provider must provide relevant information and provide necessary support for the person-centered service plan coordinator as described in section (11)(b) of this rule.

(13) Individual Records. The provider must develop an individual record for each individual. The provider must keep the individual record current and available on the premises for each individual admitted to the AFH. The provider must maintain an individual record consistent with the following requirements:

(a) General Information: The record must include:

(A) The individual's name, previous address, date of entry into AFH, date of birth, sex, marital status, religious preference, preferred hospital, Medicaid and/or Medicare numbers where applicable, guardianship status, and;

(B) The name, address, and telephone number of:

(i) The individual's legal representative, designated representative, family, advocate or other significant person;

(ii) The individual's preferred primary health provider designated back up health care provider and/or clinic;

(iii) The individual's preferred dentist;

(iv) The individual's day program or employer, if any;

(v) The individual’s case manager; and

(vi) Other agency representatives providing services to the individual.

(C) Individual records must be available to the Authority conducting inpections or investigations, as well as to the individual, or the individual’s representative;

(D) Record Retention. Original individual records must be kept for a period of three years after discharge when an individual no longer resides in the AFH.

(E) In all other matters pertaining to confidential records and release of information, providers must comply with ORS 179.505.

(b) Medical Information:

(A) History of physical, emotional and medical problems, accidents, illnesses or mental status that may be pertinent to current care;

(B) Current orders for medications, treatments, therapies, use of restraints, special diets and any known food or medication allergies;

(C) Completed medication administration records from the license review period;

(D) Name and claim number of medical insurance, and any pertinent medical information such as hospitalizations, accidents, immunization records including Hepatitis B status and previous TB tests, incidents or injuries affecting the health, safety or emotional well-being of any individual.

(c) Individual Account Record:

(A) Individual’s Income Sources.

(B) Refer to individual’s personal care plan with supporting documentation from the income sources to be maintained in the individual's individual record.

(C) Individual's room and board and service costs. Individual or the individual’s representative will agree to specific costs for room and board and services within the pre-set limits of the state contract. A copy must be given to the individual, the individual's representative, and the original in the individual's individual record.

(D) Individual's record of discretionary funds.

(d) If an individual maintains custody and control of his or her discretionary funds then no accounting record is required.

(e) If a designee of the AFH maintains custody and control of an individual's discretionary fund, a signed and dated account and balance sheet must be maintained with supporting documentation for expenditures $10 and greater. The AFH designee must have specific written permission to manage an individual’s discretionary fund.

(f) House Rules: The provider must maintain a copy of the written house rules with documentation that the provider discussed the house rules with the individual.

(g) Unusual Incidents: A written incident report of any unusual incidents relating to the AFH including but not limited to individual care. The incident report must include how and when the incident occurred, who was involved, what action was taken by staff, and the outcome to the individual. In compliance with HIPAA rules, only the individual’s name may be used in the incident report. Separate reports must be written for each individual involved in an incident. A copy of the incident report must be submitted to the CMHP within five working days of the incident. The original will be placed in the individual’s individual record.

(h) General Information: Any other information or correspondence pertaining to the individual;

(i) Progress Notes. Progress notes must be maintained within each individual's record and document significant information relating to all aspects of the individual's functioning and progress toward desired outcomes as identified in the individual’s personal care plan. A progress note must be entered in the individual's record at least once each month.

(14) Residents’ Bill of Rights.

(a) The provider must guarantee the Residents' Bill of Rights as described in ORS 443.739. The provider must post a copy of the Individual’s Bill of Rights in a location that is accessible to individuals, individuals’ representatives, parents, guardians, and advocates. The provider must give a copy of the Residents’ Bill of Rights to each individual, individual’s representative, parent, guardian, and advocate along with a description of how to exercise these rights.

(b) The provider must explain and document in the individual's file that a copy of the Residents’ Bill of Rights was given to each individual at admission, and is posted in a conspicuous place including the name and phone number of the office to call to report complaints.

(15) Physical Restraints. Physical Restraints are not allowed. Providers, resident managers, or substitute caregivers must not use physical restraints for individuals receiving personal care services authorized or funded through the Division.

(16) General Practices. The provider must:

(a) Conspicuously post the State license and Abuse and Complaint poster where it can be seen by individuals;

(b) Cooperate with Division personnel or designee in complaint investigation procedures, abuse investigations and protective services, planning for individual care, application procedures and other necessary activities, and allow access of Division personnel to the AFH, its individuals, and all records;

(c) Give care and services, as appropriate to the age and condition of the individual(s), and as identified on the PCP. The provider must ensure that physicians' orders and those of other medical professionals are followed, and that the individual's physicians and other medical professionals are informed of changes in health status and/or if the individual refuses care;

(d) House Rules.

(A) The provider must develop reasonable written house rules regarding hours, visitors, use of tobacco and alcohol, meal times, use of telephones and kitchen, monthly charges and services to be provided and policies on refunds in case of departure, hospitalization or death.

(B) The provider must discuss house rules with the individual and the individual’s representative and families at the time of arrival and be posted in a conspicuous place in the facility. The provider must maintain written documentation in the individual record that the provider discussed the house rules with the individual along with a copy of the house rules.

(C) House rules are subject to review and approval by the Division and may not violate individual’s rights as stated in ORS 430.210.

(D) House rules must not restrict or limit the home-like qualities identified in OAR 309-040-0410(2). This subsection is effective July 1, 2016 and enforceable according to 309-040-0315(7).

(e) In the provider's absence, the provider must have a resident manager or substitute caregiver on the premises to provide care and services to individuals. For absences greater than 72 consecutive hours, the CMHP must be notified of the name(s) of the substitute caregiver(s) for the provider or resident manager.

(f) A provider, resident manager, or substitute caregiver must be present in the home at all times.

(g) Allow and encourage individuals to exercise all civil and human rights accorded to other citizens;

(h) Not allow or tolerate physical, sexual, or emotional abuse or punishment, or exploitation, or neglect of individuals;

(i) Provide care and services as agreed to in the PCP;

(j) Keep information related to individual(s) confidential as required under ORS 179.050;

(k) Ensure that the number of individuals requiring nursing care does not exceed the provider's capability as determined by the CMHP and/or the Division;

(l) Not admit individuals who are clients of Aging and People with Disabilities without the express permission of the Division;

(m) Notify the Division prior to a closure and give individuals, the individuals’ representative, families, and CMHP staff 30 days written notice of the planned change except in circumstances where undue delay might jeopardize the health, safety or well-being of individuals, providers or caregivers. If a provider has more than one AFH, individual cannot be shifted from one AFH to another without the same period of notice unless prior approval is given and agreement obtained from individuals, family members and CMHP;

(n) Exercise reasonable precautions against any conditions which could threaten the health, safety or welfare of individuals;

(o) Immediately notify the appropriate PCP Team members (in particular the CMHP representative and family/guardian) if: the individual has a significant change in medical status; the individual has an unexplained or unanticipated absence from the AFH; the provider becomes aware of alleged or actual abuse of the individual; the individual has a major behavioral incident, accident, illness, hospitalization; the individual contacts, or is contacted by, the police; or the individual dies and follow-up with an incident report.

(17) Incident Reports. The provider must write an incident report for any unusual incident and forward a copy of the incident report to the CMHP within five working days of the incident. Any incident that is the result of or suspect of abuse must be reported to the Office of Investigations and Training within 24 hours of occurrence.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92), Renumbered from 309-040-0050(8)-(10); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; MHD 7-2001(Temp) f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02; MHD 4-2002, f. 2-26-02, cert. ef. 2-27-02; Renumbered from 309-040-0052, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0391

Individually-Based Limitations

This rule becomes effective on July 1, 2016 and enforceable according to OAR 309-040-0315(7).

(1) When the home-like qualities described below create a threat to the health and safety of an individual or others, a provider may seek to apply individually-based limitation through the process described in this rule. A provider may not otherwise limit the following home-like qualities without a valid individually-based limitation:

(a) The freedom and support to access food at any time;

(b) Have visitors of the individual’s choosing at any time;

(c) Have a unit entrance door that is lockable by the individual with only appropriate program staff having access;

(d) Choose a roommate when sharing a unit;

(e) Furnish and decorate the individual’s unit as agreed to in the Residency Agreement;

(f) The freedom and support to control the individual’s schedule and activities; and

(g) Privacy in the individual’s unit.

(2) Minimum Requirements for Applying Individually-Based Limitation: A provider may only apply an individually-based limitation if:

(a) The quality threatens the health or safety of the individual or others;

(b) The individually-based limitation is supported by a specific assessed need;

(d) The individual or the individual’s legal representative consents;

(e) The limitation is directly proportionate to the specific assessed need; and

(f) The individually-based limitation will not cause harm to the individual.

(3) The provider must demonstrate and document that the individually-based limitation meets the requirements of subsection (2) of this rule and that the conditions described below exist in the person-centered service plan. The provider must submit and sign a provider-created form that includes the following:

(a) The specific and individualized assessed need justifying the individually-based limitation;

(b) The positive interventions and supports used prior to consideration of any individually-based limitation;

(c) Documentation that the provider or other entities have tried other less intrusive methods but did not work;

(d) A clear description of the limitation that is directly proportionate to the specific assessed need;

(e) Regular collection and review of data to measure the ongoing effectiveness of the individually-based limitation;

(f) Established time limits for periodic reviews of the individually-based limitation to determine if the limitation should be terminated or remains necessary;

(g) The informed consent of the individual or, as applicable, the individual’s legal representative, including any discrepancy between the wishes of the individual and the consent of the legal representative; and

(h) An assurance that the interventions and support do not cause harm to the individual.

(4) The provider must:

(a) Maintain a copy of the completed and signed form documenting the consent to the individually-based limitation described in subsection (3) of this rule. The form must be signed by the individual, or, if applicable, the individual’s legal representative;

(b) Regularly collect and review the ongoing effectiveness of and the continued need for the individually-based limitation; and

(c) Request review of the individually-based limitation by the Person-Centered Service Plan Coordinator when a new individually-based limitation is indicated, or change or removal of an individually-based limitation is needed, but no less than annually.

(5) The qualities and obligations described in sections (1)(b)-(g) do not apply to an individual receiving crisis-respite services and a provider is not required to seek an individually based limitation for such an individual to comply with these rules.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0392

Residency Agreement

This rule become effective July 1, 2016 and is enforceable as described in OAR 309-040-0315(7).

(1) The provider must enter into a written residency agreement with each individual or the individual’s representative residing at the AFH consistent with the following:

(a) The written residency agreement must be signed by the provider and the individual, or the individual’s representative, prior to or at the time of admission;

(b) The provider must provide a copy of the signed agreement to the individual or the individual's representative and must retain the original signed agreement within the individual’s individual record;

(c) The provider must give written notice to an individual and the individual’s representative at least 30 calendar days prior to any general rate increases, additions, or other modifications of the rates; and

(d) Updates to Residency Agreements: The provider must update residency agreements at least annually and also when social security rates change or an individual’s finances change such that the amount paid for room and board changes.

(2) The residency agreement must include, but is not limited to, the following terms:

(a) Room and Board. The residency agreement must include the room and board agreement including the room and board rate describing the estimated public and private pay portions of the rate.

(A) Where an individual’s social security or other funding is not active at the time of admission to the program, the program must prepare the room and board agreement based upon the estimated benefit to be received by the individual; and

(B) If, when funding is later activated, actual income of the individual varies from the estimated income noted on the residency agreement, the agreement must be updated and re-signed by all the applicable parties.

(b) Services and supports to be provided in exchange for payment of the room and board rate;

(c) Conditions under which the provider may change the rates;

(d) The provider’s refund policy in instances of an individual's hospitalization, death, transfer to a nursing facility or other care facility, and voluntary or involuntary move from the home;

(e) A statement indicating that the individual is not liable for damages considered normal wear and tear;

(f) The provider’s policies on voluntary moves and whether or not the provider requires written notification of a non-Medicaid individual’s intent to not return;

(g) The potential reasons for involuntary termination of residency in compliance with this rule and individual’s rights regarding the eviction and appeal process as described in OAR 309-040-0410;

(h) Any policies the provider may have on the use of alcohol, cannabis, and illegal drugs of abuse;

(i) Smoking policies in compliance with the Tobacco Freedom Policy established by the Division;

(j) Policy addressing pet and service animals. The provider must not restrict animals that provide assistance or perform tasks for the benefit of a individual with a disability. Such animals are often referred to as services animals, assistance animals, support animals, therapy animals, companion animals, or emotional support animals.

(k) Policy regarding the presence and use of legal medical and recreational marijuana at the home;

(l) Schedule of meal times. The provider must not schedule meals with more than a fourteen (14)-hour span between the evening meal and the following morning’s meal consistent OAR 411-050-0645);

(m) Policy regarding refunds for individuals eligible for Medicaid services, including pro-rating partial months and if the room and board is refundable;

(n) Any house rules or social covenants required by the provider which may be included in the agreement or as an addendum;

(o) The provider must also include the following in the residency agreement:

(A) Statement informing the individual of the freedoms authorized by 42 CFR 441.301(c)(2)(xiii) & 42 CFR 441.530(a)(1)(vi)(F), which must not be limited without the informed, written consent of the individual or the individual’s representative and include the right to:

(i) Live under a legally enforceable agreement with protections substantially equivalent to landlord/tenant laws;

(ii) The freedom and support to access food at any time;

(iii) To have visitors of the individual’s choosing at any time;

(iv) Have a lockable door in the individual’s unit, which may be locked by the individual;

(v) Choose a roommate when sharing a unit;

(vi) Furnish and decorate the individual’s unit according to the Residency Agreement;

(vii) The freedom and support to control the individual’s schedule and activities; and

(viii) Privacy in the individual’s unit.

(3) The provider may not propose or enter into a residency agreement that:

(a) Charges or asks for application fees, refundable deposits, or non-refundable deposits;

(b) Includes any illegal or unenforceable provision or ask or require the individual to waive any of the individual's rights or licensee’s liability for negligence; or

(c) Conflict with individual rights or these rules.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0395

Standards for Admission, Transfers, Respite, Discharges, and Closures

(1) Each individual referred for placement in an AFH has the right to pick and choose from available service settings.

(2) Admission. A provider may only admit an individual with a referral from, or the prior written approval of the CMHP or the Division. At the time of the referral, a provider will be given complete information about the case history of the individual as it relates to behavior, skill level, medical status, or other relevant information. The provider retains the right to deny admission of any individual if the provider believes the individual cannot be managed effectively in the AFH, or for any other reason not specifically prohibited by this rule. AFHs may not be used as a site for foster care for children, adults from other agencies, or any type of shelter or day care without the written approval of the CMHP or the Division.

(3) Transfers:

(a) An individual must not be transferred by a provider to another AFH or moved out of the AFH without 30 days advance written notice to the individual, the individual's representative, guardian or conservator, and the CMHP stating reasons for the transfer as provided in ORS 443.739(18) and OAR 411-088-0070, and the individual's right to a hearing as provided in ORS 443.738(11)(b), except where undue delay might jeopardize the health, safety or well-being of the individual or others, for a medical emergency, or to protect the welfare of the individual or other individuals. A provider may only transfer an individual for the following reasons:

(A) Behavior that poses a significant danger to the individual or others;

(B) Failure to make payment for care;

(C) The AFH has had its license revoked, not renewed, or voluntarily surrendered; or

(D) The individual's care needs exceed the ability of the provider.

(b) Individuals who object to the transfer will be given the opportunity for hearing as provided in ORS 443.738(11)(b) and OAR 411-088-0080. Participants may include the individual, and at the individual's request, the provider, a family member and CMHP staff member.

(4) Respite. Providers must not exceed the licensed capacity of the AFH. However, respite care of no longer than two weeks duration may be provided a individual if the addition of the respite individual does not cause the total number of residents to exceed five. Thus, a provider may exceed the licensed number of residents by one respite individual, for two weeks or less, if approved by the CMHP or the Division, and if the total number of residents does not exceed five.

(5) Discharge:

(a) A provider may only discharge an individual for the reasons stated in paragraphs (3)(a)(A) through (D) of this rule. The provider must give at least 30 days written notice to an individual and the Division before termination of residency, except where undue delay might jeopardize the health, safety or well-being of the individual or others;

(b) The provider must promptly notify the CMHP or Division if an individual gives notice or plans to leave the AFH or if an individual abruptly leaves.

(6) Closing. Providers must notify the Division prior to a voluntary closure of an AFH, and give individuals, families, and the CMHP, 30 days’ written notice, except in circumstances where undue delay might jeopardize the health, safety or well-being of an individual, provider or caregiver. If a provider has more than one AFH, an individual cannot be shifted from one house to another house without the same period of notice unless prior approval is given and agreement obtained from individuals, family members, and the CMHP.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92), Former sections (3)(a)-(c) renumbered to 309-040-0057; MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; MHD 7-2001(Temp) f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02; MHD 4-2002, f. 2-26-02, cert. ef. 2-27-02; Renumbered from 309-040-0055, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0400

Inspections

(1) Division or Designee Inspections. The Division will conduct an inspection of an AFH:

(a) Prior to issuance of a license;

(b) Upon receipt of an oral or written complaint of violations that threaten the health, safety, or welfare of individuals; or

(c) Anytime the Division has probable cause to believe that an AFH has violated a regulation or provision of these rules or is operating without a license.

(2) Division Inspections. The Division may conduct inspections of an AFH:

(a) Anytime such inspections are authorized by these rules and any other time the CMHP or Division considers it necessary to determine if an AFH is in compliance with these rules or with conditions placed upon the license;

(b) To determine if cited deficiencies have been corrected; and

(c) For the purpose of monitoring of the individuals' care.

(3) State or Local Fire Inspectors. State or local fire inspectors must be permitted access to enter and inspect the AFH regarding fire safety upon request of the CMHP or Division.

(4) Full Access by Division and/or CMHP. The Division and/or CMHP staff must have full access and division to examine, among other things, AFH and individual records and accounts, and the physical premises, including the buildings, grounds, equipment, and any vehicles.

(5) Interviews. The Division or CMHP staff must be permitted to interview the provider, resident manager, caregiver, and individuals. Interviews are confidential and conducted in private, and are confidential except as considered public record under ORS 430.763.

(6) Authorized Entrance to AFH. Providers must authorize resident managers and substitute caregivers to permit entrance by the Division or CMHP staff for the purpose of inspection and investigation.

(7) Division to Conduct Inspections With or Without Advance Notice. The Division and/or CMHP staff has authority to conduct inspections with or without advance notice to the provider, staff, or individual of the AFH. The Division and/or CMHP will not give advance notice of any inspection if notice might obstruct or seriously diminish the effectiveness of the inspection or enforcement of these rules.

(8) Search Warrant. If the Division and/or CMHP staff is not permitted access or inspection, a search warrant may be obtained.

(9) Respect Private Possessions. The inspector will respect the private possessions and living area of individuals, providers, and caregiver while conducting an inspection.

(10) Confidential Information. Completed reports on inspections, except for confidential information, will be available to the public, upon written request to the Division and/or CMHP, during business hours.

(11) Investigate Allegations of Abuse. For individuals receiving services authorized and/or funded by HSD, the Division will investigate allegations of abuse as defined in ORS 430.735 to 430.765.

(12) Alleged Abuse. When abuse is alleged or death of an individual has occurred and a law enforcement agency, or the Division and/or its designee, has determined to initiate an investigation, the provider must not conduct an internal investigation without prior authorization from the Division. For the purposes of this section, an internal investigation is defined as conducting interviews of the alleged victim, witness, the alleged perpetrator or any other persons who may have knowledge of the facts of the abuse allegation or related circumstances; reviewing evidence relevant to the abuse allegation, other than the initial report; or any other actions beyond the initial actions of determining:

(a) If there is reasonable cause to believe that abuse has occurred; or

(b) If the alleged victim is in danger or in need of immediate protective services; or

(c) If there is reason to believe that a crime has been committed; or

(d) What, if any, immediate personnel actions will be taken.

(13) Completion of Abuse Investigation. The Division or its designee will complete an Abuse Investigation and Protective Services Report according to OAR 404-045-0300. The report will include the findings based upon the abuse investigation as defined in OAR 943-045-0260(12) Inconclusive, (16) Not Substantiated, (22) Substantiated.

(14) Provider Notified of Completion of Investigation. When the provider has been notified of the completion of the abuse investigation, a provider may conduct an investigation without Division approval to determine if any other personnel actions are necessary.

(15) Abuse Investigation and Protective Services Report. Upon completion of the investigation report according to OAR 943-045-0320, the sections of the report which are public records and not exempt from disclosure under the public records law will be provided to the appropriate provider. The provider must implement the actions necessary within the deadlines listed to prevent further abuse as stated in the report.

(16) Prohibition of Retaliation. A provider must not retaliate against any person who reports in good faith suspected abuse, or against the individual with respect to the report.

(17) Retaliatory Liability. In accordance with ORS 430.755 any provider who retaliates against any person because of a report of suspected abuse or neglect may be liable according to 430.755, in a private action to that person for actual damages and, in addition, a penalty in accordance with 443.775(10) not withstanding any other remedy provided by law. The authority of the Director to impose civil penalties and the factors to be considered will be in accordance with 443.790.

(18) Adverse Action Creates a Presumption of Retaliation. In accordance with OAR 943-045-0340 Adverse Action, any adverse action creates a presumption of retaliation if taken within 90 days of a report of abuse. For purposes of this subsection, "adverse action" means any action taken by a community facility, community program or person involved in a report against the person making the report or against the adult because of the report and includes but is not limited to:

(a) Discharge or transfer from the AFH, except for clinical reasons;

(b) Discharge from or termination of employment;

(c) Demotion or reduction in remuneration for services; or

(d) Restriction or prohibition of access to the community facility or its residents.

(19) Adverse Action Limits. Adverse action may also be evidence of retaliation after 90 days even though the presumption no longer applies.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0060, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0405

Procedures for Correction of Violations

(1) Conference Request. At any time after receipt of a notice of violations or an inspection report, the licensee or the Division may request a conference, in writing. The conference will be scheduled within ten days of a request by either party. The purpose of the conference is to discuss the violations stated in the notice of violation and to provide information to the licensee to assist the licensee in complying with the requirements of the rules. The written request by a licensee or the Division for a conference will not extend any previously established time limit for correction.

(2) Notification of Correction. The licensee will notify the Division of correction of violations, in writing, no later than the date specified in the notice of violation.

(3) No Report of Compliance. If, after inspection of the AFH, the violations have not been corrected by the date specified in the notice of violation or if the Division has not received a report of compliance, the Division may institute one or more of the following actions:

(a) Imposition of an administrative sanction that may include revocation, suspension, placement of conditions on the license or non-renewal of a license as deemed appropriate by the Division.

(b) Filing of a criminal complaint.

(4) Serious and Immediate Danger. If an individual is in serious and immediate danger, the license may be immediately suspended or revoked and arrangements made to move the individuals.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0070, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0410

Residents’ Rights, Complaints, and Grievances

(1) Residents' Bill of Rights.

(a) The Provider must guarantee the Individuals' Bill of Rights as described in ORS 443.739. The provider must post them in a location that is accessible to individuals, individual’s representatives, parents/guardian/advocates. A copy of the Residents' Bill of Rights must be given to each individual and representative/parent/guardian/advocate along with a description of how to exercise these rights.

(b) The provider must explain and document in the individual's file that a copy of the Individual's Bill of Rights is given to each individual at admission, and is posted in a conspicuous place including the name and phone number of the office to call in order to report complaints. The Bill of Rights states each individual has the right to:

(A) Be treated as an adult, with respect and dignity;

(B) Be encouraged and assisted to exercise constitutional and legal rights as a citizen including the right to vote and be informed of all house rules;

(C) Receive appropriate care and services and prompt medical care as needed. Be informed of the individual's medical condition and the right to consent to or refuse treatment;

(D) Adequate personal privacy and privacy to associate and communicate privately with any person of choice, such as family members, friends, advocates, and legal, social service and medical professionals, send and receive personal mail unopened, and engage in telephone conversations as explained in 309-040-0410; have medical and personal information kept confidential:

(E) Have access to and participate in activities of social, religious, and community groups;

(F) Be able to keep and use a reasonable amount of personal clothing and belongings and to have a reasonable amount of private, secure storage space.

(G) Be free of discrimination in regard to race, color, national origin, sex, religion, sexual orientation, or disability;

(H) Manage his/her financial affairs unless legally restricted. Be free from financial exploitation. The provider will not charge or ask for application fees or nonrefundable deposits and will not solicit, accept or receive money or property from an individual other than the amount agreed to for services;

(I) A safe and secure environment;

(J) Written notices prior to rate increases and evictions;

(K) A written agreement regarding services to be provided and agreed upon rates;

(L) Voice suggestions, complaints, or grievances without fear of retaliation;

(M) Freedom from training, treatment, chemical or physical restraints except as agreed to, in writing, in an individual's PCP. Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner;

(N) Be allowed and encouraged to learn new skills, to act on their own behalf to their maximum ability, and to relate to residents in an age appropriate manner;

(O) An opportunity to exercise choices including such areas as food selection, personal spending, friends, personal schedule, leisure activities, and place of residence;

(P) Freedom from punishment. Behavior intervention programs must be approved in writing on the individual's PCP;

(Q) Freedom from abuse and neglect;

(R) The opportunity to contribute to the maintenance and normal activities of the household;

(S) Access and opportunity to interact with persons with/without disabilities;

(T) The right not to be transferred or moved out of the AFH without 30 days' advance written notice and an opportunity for a hearing as described in ORS 443.738(11)(b) and OAR 411-088-0080. A provider may transfer or discharge a individual only for medical reasons including a medical emergency described in ORS 443.738(11)(a), or for the welfare of the individual or other residents, or for nonpayment; and

(U) Utilize advance directives. Advance directives will be explained to each individual upon admission. If the individual does not already have any advance directive or directives, he or she will be given an opportunity to complete them. If any advance directives are completed by the individual the provider shall document these directives in the individual's record; if the individual declines to file any advance directives, this declination will be documented in the individual's record.

(i) As used in this section, the term "advance directive" has the meaning given under ORS 127.505, and includes the "Declaration for Mental Health Treatment" under ORS 127.700 through 127.737.

(2) Additional Rights for Individuals:

(a) Live under a legally enforceable residency agreement in compliance with protections substantially equivalent to landlord/tenant laws as described in this rule;

(b) Have visitors of the individual’s choosing at any time and the freedom to visit with guests within the common areas of the program and the individual’s sleeping room;

(c) The freedom and support to control one’s own schedule and activities including but not limited to: Accessing the community without restriction;

(d) Access to community resources including recreation, religious services, agency services, employment and day programs, unless such access is legally restricted;

(e) Have a lockable door in the individual’s bedroom, which may be locked by the individual;

(f) Choose a roommate when sharing a bedroom;

(g) Furnish and decorate the individual’s bedroom according to the residency agreement;

(h) The freedom and support to control the individual’s schedule and activities;

(i) Privacy in the individual’s bedroom;

(j) Section (2) of these rules and its subsections are effective July 1, 2016 and enforceable as described in OAR 309-040-0315(7).

(3) The qualities and obligations described in section 2 (b), (c), (d), (e) and (h) of this rule do not apply to an individual receiving crisis-respite services and a provider need not seek an individually based limitation for such an individual to comply with these rules.

(4) The provider must actively work to support and ensure each individual’s rights described in this rule are not limited or infringed upon by the provider or an AFH caregiver, except where expressly allowed under these rules.

(5) Complaints and Grievances. Any person who believes these rules have been violated may file a complaint with the Division and/or CMHP. The Division and/or CMHP will investigate any complaint or grievance regarding the AFH.

(6) Complaint and Grievance Notice. The Division and/or CMHP will furnish each AFH with a Complaint and Grievance Notice, which the provider must post in a conspicuous place stating the telephone number of the Division and the CMHP and the procedure for making complaints or grievances.

(7) Complaint and Grievance Actions. A copy of all AFH complaints or grievances will be maintained by the Division. All complaints or grievances and actions taken on the complaint or grievance, indexed by the name of the provider, will:

(a) Be placed into the public file at the Division. Information regarding the investigation of the complaint or grievance will not be filed in the public file until the investigation has been completed;

(b) Protect the privacy of the complainant or grievant and the individual; and

(c) Treat the names of the witnesses as confidential information.

(8) Substantiated Complaints or Grievances. Providers who acquire substantiated complaints or grievances pertaining to the health, safety or welfare of individuals may have their licenses suspended, revoked or not renewed, or may have conditions placed on the license.

(9) Retaliation Against an Individual. The AFH provider, resident manager, or caregiver must not retaliate in any way against any individual after a complaint or grievance has been filed with the Division. Retaliation may include, but is not limited to:

(a) Increasing charges or threatening to increase charges;

(b) Decreasing or threatening to decrease services, rights or privileges;

(c) Threatening to increase charges or decrease services, rights or privileges;

(d) Taking or threatening to take any action to coerce or compel the individual to leave the AFH; or

(e) Abusing, harassing, or threatening to abuse or harass an individual in any manner.

(10) Retaliation Against Others. A complainant, grievant, witness or caregiver of an AFH must not be subject to retaliation by a provider, or resident manager, or substitute caregiver for making a report or being interviewed about a complaint or being a witness. Retaliation may include, but is not limited to, caregiver dismissal or harassment, or restriction of access to either the AFH or an individual.

(11) Immunity. The complainant has immunity from any civil or criminal liability with respect to the making or content of a complaint or grievance made in good faith.

(12) Public Complaint Files. Any person has the right to inspect and receive a photocopy of the public complaint files, including protective services files, maintained by the Division upon written request subject to the Division's procedures, ORS 192.410 through 192.505, and photocopy charges for public record requests.

Stat. Auth.: ORS 443.735
Stats. Implemented: ORS 127.700 - 127.737 & 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0065, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 4-2009(Temp), f. & cert. ef. 8-6-09 thru 2-2-10; MHS 1-2010, f. & cert. ef. 1-29-10: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0415

Administrative Sanctions and Conditions

(1) Administrative Sanctions. An administrative sanction may be imposed for non-compliance with these rules. An administrative sanction includes one or more of the following actions:

(a) Attachment of conditions to a license;

(b) Civil penalties;

(c) Denial, suspension, revocation, or non-renewal of license.

(2) Notice of Intent. If the Division imposes an administrative sanction, it will serve a Notice of Intent of the administrative sanction upon the licensee personally or by certified mail.

(3) Notice of Administrative Sanction. The notice of administrative sanction will state:

(a) Each sanction imposed;

(b) A short and plain statement of each condition or act that constitutes a violation;

(c) Each statute or rule allegedly violated;

(d) A statement of the licensee’s right to a contested case hearing;

(e) A statement of the authority and jurisdiction under which the hearing is to be held;

(f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and

(g) A statement that the notice becomes a final order upon default if the licensee fails to request a hearing within the specified time.

(4) Hearing. If an administrative sanction is imposed for reason other than abuse, neglect, or exploitation, a hearing will precede it if the licensee requests the hearing in writing within 60 days after receipt of the notice per ORS Chapter 183.

(5) Failure to Request a Hearing. If a licensee fails to request in writing a hearing within 60 days, the Notice of Administrative Sanction will become a Final Order of the Division by default.

(6) Immediate Action. The Division may immediately suspend, revoke, or not renew a license for a substantiated finding of abuse, neglect, or exploitation of an individual. The licensee may submit a request, in writing, for a contested case hearing within 60 days of the notice of intent of suspension, revocation or non-renewal.

(7) Individual Removal. When a license is denied, suspended, revoked, or not renewed, the Division will work with the CMHP to arrange for individuals to move for their protection.

(8) Conditions on License. Conditions may be attached to a license upon a finding that:

(a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals, pending further action by the Division;

(b) There exists a threat to the health, safety, and welfare of a individual, pending further action by the Division or Division designee;

(c) There is reliable evidence of abuse of an adult, pending further action by the Division;

(d) The AFH is not being operated in compliance with these rules, pending further action by the Division; or

(e) The provider is licensed to care for a specific individual only and further placements may not be made to the AFH.

(9) Conditions on Licensee. Conditions which may be imposed on a licensee include but are not limited to:

(a) Restricting the maximum capacity of the AFH;

(b) Restricting the number and impairment level of individuals allowed based upon the capacity of the caregivers to meet the health and safety needs of all residents;

(c) Requiring an additional caregiver or caregiver qualifications;

(d) Requiring additional training of caregivers;

(e) Requiring additional documentation as deemed necessary by the Division;

(f) Restricting a provider from opening an addition AFH; and/or

(g) Suspending admissions to the AFH.

(10) Notification of Conditions. The provider must be notified, in writing, of any conditions imposed, the reason for the conditions, and be given an opportunity to request a hearing under ORS Chapter 183.

(11) Review by the Division. In addition to, or in lieu of, a contested case hearing, a provider may request, in writing, a review by the Division administrator or designee of conditions imposed by the CMHP or Division. The review does not diminish the provider's right to a hearing or extend the time period to request a hearing.

(12) Length of Conditions. Conditions may be imposed for the extent of the license period (one year), extended to the next license period, or limited to some other shorter period of time as deemed necessary by the Division. If the conditions correspond to the licensing period, the reasons for the conditions will be considered at the time of renewal to determine if the conditions are still appropriate. The effective date and expiration date of the conditions will be indicated on the attachment to the license.

(13) Hearing Rights. Hearing rights are in accordance with ORS 183.310 to 183.550.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0075, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0420

Denial, Suspension, Revocation or Non-renewal of License

(1) Causative Action. The Division will deny, suspend, revoke, or refuse to renew a license where it finds:

(a) There has been substantial failure to comply with these rules or where there is substantial non-compliance with local codes and ordinances, or any other state or federal law or rule applicable to the health and safety of individuals in an AFH; or

(b) The applicant or provider has been convicted of one or more crimes described in the Criminal Record Check:

(A) The applicant or provider has had a certificate or license to operate a foster home or residential care facility denied, suspended, revoked or refused to be renewed in this or any other state/county within three years preceding the present action if the denial, suspension, revocation or refusal to renew was due in any part to abuse of an adult, creating a threat to the residents or failure to possess physical health, mental health or good personal character;

(B) If the denial, suspension, revocation or refusal to renew occurred more than three years from the present action, the applicant or provider is required to establish to the Division by clear and convincing evidence his/her ability and fitness to operate an AFH. If the applicant or provider does not meet this burden, then the Division will deny, suspend, revoke or refuse to renew the license;

(C) The applicant or provider is associated with a person whose license for a foster home or residential care facility was denied, suspended, revoked or refused to be renewed due to abuse of an adult, or failure to possess physical health, mental health or good personal character within three years preceding the present action, unless the applicant or provider can demonstrate to the Division by clear and convincing evidence that the person does not pose a threat to the individuals;

(D) For purposes of this subsection, an applicant or provider is "associated with" a person as described above, if the applicant or provider:

(i) Resides with the person;

(ii) Employs the person in the AFH;

(iii) Receives financial backing from the person for the benefit of the AFH;

(iv) Receives managerial assistance from the person for the benefit of the AFH; or

(v) Allows the person to have access to the AFH.

(E) For purposes of this section only, "present action" means the date of the notice of denial, suspension, revocation or refusal to renew.

(2) Causative Action by Provider. The Division may deny, suspend, revoke, or refuse to renew an AFH license if the applicant or provider:

(a) Submits fraudulent or untrue information to the Division;

(b) Has a history of, or demonstrates financial insolvency, such as filing for bankruptcy, foreclosure, eviction due to failure to pay rent, or termination of utility services due to failure to pay bill(s);

(c) Has a prior denial, suspension, revocation or refusal to renew a certificate or license to operate a foster home or residential care facility in this or any other state/county;

(d) Has threatened the health, safety, or welfare of any individual;

(e) Has a substantiated finding of abuse of an adult;

(f) Has a medical or psychiatric problem, which interferes with the ability to provide care;

(g) Refuses to allow access and inspection;

(h) Fails to comply with a final order of the Division to correct a violation of the rules for which an administrative sanction has been imposed; or

(i) Fails to comply with a final order of the Division imposing an administrative sanction.

(j) Fails to report knowledge of the illegal actions of or disclose the known criminal history of a provider, resident manager, substitute caregiver, or volunteer of the AFH.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0090, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0425

Removal of Residents

(1) Order to Move. The Division may order the removal of individuals from an AFH to an alternative placement on the following grounds:

(a) When a violation of these rules is not corrected after time limit specified in notice;

(b) There is a violation of an individual's rights;

(c) The number of individuals currently in the AFH exceeds the maximum licensed capacity of the AFH;

(d) The AFH is operating without a license; or

(e) There is evidence of abuse of an adult that presents a serious and immediate danger to individuals.

(2) Individual Assistance. The CMHP must provide the individual assistance in locating and visiting alternative placements, if needed, and has the right to contest the move as provided in ORS 443.738(11)(b) and OAR 411-088-0080.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92), Renumbered from 309-040-0085; MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; MHD 7-2001(Temp) f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02; MHD 4-2002, f. 2-26-02, cert. ef. 2-27-02; Renumbered from 309-040-0092, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0430

Conditions

(1) Attachment to License. Conditions may be attached to a license upon a finding that:

(a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals;

(b) There exists a threat to the health, safety, and welfare of a individual;

(c) There is reliable evidence of abuse of an adult;

(d) The AFH is not being operated in compliance with these rules; or

(e) The provider is licensed to care for a specific individual(s) only and further placements may not be made to the AFH.

(2) Notification of Conditions. The provider must be notified, in writing, of any conditions imposed, the reason for the conditions, and be given an opportunity to request a hearing under ORS Chapter 183.

(3) Hearing Rights. In addition to, or in lieu of, a contested case hearing, a provider may request in writing a review by the Division administrator or designee of conditions imposed by the CMHP or the Division. The review does not diminish the provider's right to a hearing or extend the time period to request a hearing.

(4) Length of Conditions. Conditions will be imposed for the extent of the license period (one year), extended to the next license period or limited to some other shorter period of time as deemed necessary by the Division. If the conditions correspond to the licensing period, the reasons for the conditions will be considered at the time of renewal to determine if the conditions are still appropriate. The effective date and expiration date of the conditions will be indicated on the attachment to the license.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0093, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0435

Criminal Penalties

(1) Unlicensed. Operating an AFH without a license is punishable as a Class C misdemeanor.

(2) Refusal to Comply. Refusing to allow any of the following is punishable as a Class B misdemeanor:

(a) Division access to the AFH for inspection or investigation;

(b) Division access to individuals in order to interview individuals privately or to review records; or

(c) State and local fire inspector access to the AFH regarding fire safety.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0095, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0440

Civil Penalties

(1) Penalties for Other than Abuse. Civil penalties, for other than substantiated allegations of abuse, will not exceed $100 per violation with a maximum of $250 may be assessed for violation of these rules, with the exception of substantiated abuse findings.

(2) Penalties for Abuse. Civil penalties of a maximum of $1000 per occurrence may be assessed for each substantiated abuse finding.

(3) Other Penalties. In addition to any other liability or penalty, the Division may impose a penalty for any of the following:

(a) Operating an AFH without a license;

(b) Exceeding the number of residents identified on the license;

(c) The Provider fails to achieve satisfactory compliance with the requirements of these rules within the time specified, or fails to maintain such compliance;

(d) The AFH is unable to provide an adequate level of care to individuals;

(e) There is retaliation or discrimination against an individual, the individual’s representative, family, employee, or any other person for making a complaint against the AFH;

(f) The provider fails to cooperate with the Division, physician, registered nurse, or other health care professional in carrying out an individual's care plan; or

(g) Other violations are found on two consecutive inspections of an AFH after a reasonable amount of time has been allowed for the elimination of the violations.

(4) Penalty Due. Any civil penalty imposed under this section will become due and payable when the provider incurring the penalty receives a notice in writing from the Division. The notice will be sent by registered or certified mail and will include:

(a) A reference to the particular sections of the statute, rule, standard, or order involved;

(b) A short and plain statement of the matter asserted or charged;

(c) A statement of the amount of the penalty or penalties imposed; and

(d) A statement of the right to request a hearing.

(5) Application for Hearing. The provider to whom the notice is addressed will have 60 days from the date of the notice of intent in which to make written application for a hearing.

(6) Hearings. All hearings will be conducted according to the applicable provisions of ORS Chapter 183.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0097, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0445

Public Information

(1) Current Information. The Division will maintain current information on all licensed AFHs and make that information available to prospective individuals, individuals’ representatives, their families, and other interested members of the public.

(2) Current Information Content. The information will include:

(a) The location of the AFH;

(b) A brief description of the physical characteristics of the home;

(c) The name and mailing address of the provider;

(d) The license classification of the home and the date the provider was first licensed to operate that home;

(e) The date of the last inspection, the name and telephone number of the office that performed the inspection and a summary of the findings;

(f) Copies of all complaint investigations involving the home, together with the findings of and actions taken by the Division;

(g) Any license conditions, suspensions, denials, revocations, civil penalties, exceptions or other actions taken by the department involving the home; and

(h) Whether care is provided primarily by the licensed provider, a resident manager, or other arrangement.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0098, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0450

Adjustment, Suspension or Termination of Payment

(1) Causative Actions. The CMHP or Division may adjust, suspend, or terminate payment(s) to a provider when any of the following conditions occur:

(a) The provider's AFH license is revoked, suspended, or terminated;

(b) Upon a finding that the provider is failing to deliver any service as agreed to in the PCP; or

(c) When funding, laws, regulations, or the CMHP or Division priorities change such that funding is no longer available, redirected to other purposes, or reduced;

(d) The individual's service needs change;

(e) The individual is absent without providing notice to the provider for five or more consecutive days;

(f) The individual is determined to be ineligible for services;

(g) The individual moves, with or without notice, from the AFH; the provider will be paid only through the last day of the individual's occupancy.

(2) Division Obligation. The CMHP or Division is under no obligation to maintain the AFH at its licensed capacity or to provide payments to potential providers.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92), Renumbered from 309-040-0055(3)(a)-(c); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0057, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

309-040-0455

Enjoinment of Adult Foster Home (AFH) Operation

The Division may commence an action to enjoin (ban) the operation of an AFH pursuant to ORS 443.775(5):

(1) Unlicensed. When an AFH is operated without a valid license; or

(2) Unresolved Placement. After notice of revocation, non-renewal, or suspension has been given, a reasonable time for placement of individuals in other facilities has been allowed, and such placement has not been accomplished.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92); Renumbered from 309-040-0099, MHD 3-2005, f. & cert. ef. 4-1-05: MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17

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