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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 40

ADULT FOSTER HOMES

309-040-0000 [Renumbered to 309-040-0300]

309-040-0005 [Renumbered to 309-040-0305]

309-040-0010 [Renumbered to 309-040-0310]

309-040-0011 [Renumbered to 309-040-0320]

309-040-0012 [Renumbered to 309-040-0325]

309-040-0015 [Renumbered to 309-040-0315]

309-040-0020 [Renumbered to 309-040-0340]

309-040-0025 [Renumbered to 309-040-0345]

309-040-0030 [Renumbered to 309-040-0335]

309-040-0035 [Renumbered to 309-040-0350]

309-040-0040 [Renumbered to 309-040-0355]

309-040-0045 [Renumbered to 309-040-0360]

309-040-0050 [Renumbered to 309-040-0365]

309-040-0052 [Renumbered to 309-040-0390]

309-040-0055 [Renumbered to 309-040-0395]

309-040-0057 [Renumbered to 309-040-0450]

309-040-0060 [Renumbered to 309-040-0400]

309-040-0065 [Renumbered to 309-040-0410]

309-040-0070 [Renumbered to 309-040-0405]

309-040-0075 [Renumbered to 309-040-0415]

309-040-0090 [Renumbered to 309-040-0420]

309-040-0092 [Renumbered to 309-040-0425]

309-040-0093 [Renumbered to 309-040-0430]

309-040-0095 [Renumbered to 309-040-0435]

309-040-0097 [Renumbered to 309-040-0440]

309-040-0098 [Renumbered to 309-040-0445]

309-040-0099 [Renumbered to 309-040-0455]

309-040-0100 [Renumbered to 309-040-0330]

309-040-0200 [Renumbered to 410-009-0050]

309-040-0210 [Renumbered to 410-009-0060]

309-040-0220 [Renumbered to 410-009-0070]

309-040-0230 [Renumbered to 410-009-0090]

309-040-0240 [Renumbered to 410-009-0100]

309-040-0250 [Renumbered to 410-009-0110]

309-040-0260 [Renumbered to 410-009-0120]

309-040-0270 [Renumbered to 410-009-0130]

309-040-0280 [Renumbered to 410-009-0140]

309-040-0290 [Renumbered to 410-009-0160]

309-040-0300

Purpose and Scope

(1) Purpose. These rules prescribe the standards and procedures for the provision of care and services to residents with mental illness in the Addictions and Mental Health Division of the Oregon Health Authority (Authority) adult foster homes as a condition for licensure and payment. The care and services are designed to promote the resident's right to independence, choice and decision making while providing a safe, secure, homelike environment. The resident's needs shall be addressed in a manner, which enables the resident to function at the highest level of independence possible.

(2) Scope. These rules apply to adult foster homes for five or fewer residents.

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 309-040-0000, 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

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 a community facility or community program, or provider, or other caregiver and the adult. For situations other than those involving an employee, provider, or other caregiver and an adult, 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 adult;

(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 adult.

(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 Authority applicable to allegations of abuse of residents of an Adult Foster Home licensed by the Division.

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

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

(5) "Adult Foster Home (AFH)" means any home licensed by the Addictions and Mental Health Division of the Oregon Health Authority in which residential care is provided to five or fewer adults 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 receives care, he or she must be included as one of the residents within the total license capacity of the home. A home or person that advertises, including word-of-mouth advertising, to provide room, board, and care and services for adults, is deemed to be an Adult Foster Home. For the purpose of these rules, an Adult Foster Home does not include facilities referenced in 443.715(1)(2)(3)(4).

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

(7) "Assessment" means an evaluation of a resident and the resident's level of function completed by a case manager and provides the basis for the development of the resident's Personal Care Plan.

(8) “Authority” means the Oregon Health Authority.

(9) "Authorized Department Representative" means an employee of the Addictions and Mental Health Division or the designee of the local Community Mental Health Program.

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

(11) "Bill of Rights" means civil, legal or human rights afforded to Adult Foster Home residents, which are in accord with those rights afforded to all other U.S. citizens, including but not limited to those rights delineated in the Adult Foster Home Bill of Rights as described in OAR 309-040-0390(7).

(12) "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.

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

(14) "Case Management" means identified services provided by qualified persons to residents by local, regional or state allied agencies or other service providers. Case management includes advocating for the resident's treatment needs, providing assistance in obtaining entitlements based on mental or emotional disability, accessing housing or residential programs, coordinating services including mental health treatment, educational or vocational activities, and arranging alternatives to inpatient hospital services.

(15) "Case Manager" means a person employed by a local, regional, or state allied agency approved by the Division to provide case management services. In accordance with OAR 309-032-0545(2)(g)–(j), Standards for Adult Mental Health Services, when a resident resides in a Adult Foster Home, the case manager shall assist in development of the Personal Care Plan. Additionally, the case manager must evaluate the appropriateness of services in relation to the consumer’s assessed need and review the Personal Care Plan every 180 days.

(16) "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.

(17) "Compensation" means payments made by or on behalf of a resident to a provider in exchange for room and board, care and services, including services described in the resident's Personal Care Plan.

(18) "Complaint Investigation" means an investigation of any allegation that a provider has taken action, which is perceived as contrary to law, rule, or policy but does not meet the criteria for an abuse investigation.

(19) "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.

(20) "Contested Case Hearing" means an arbitrated 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.

(21) "Contract" means a written agreement between a provider and the Division to provide room and board, care and services for compensation for residents of a licensed Adult Foster Home.

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

(23) "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.

(24) "Day Care" means care and services in an Adult Foster Home for a person who is not a resident of the Adult Foster Home. Children under the age of five living in the Adult Foster Home are included in the licensed capacity of the home.

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

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

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

(28) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority.

(29) “Employee” means a person who is employed by a licensed Adult Foster Home (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 clients of AFHs.

(30) "Exempt Area" means a county agency that provides similar programs for licensing and inspection of Adult Foster Homes 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 Authority to license, inspect, and collect fees according to the provisions of 443.705 to 443.825.

(31) "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.

(32) "Home" means the Adult Foster Home (AFH).

(33) "Homelike Environment" means an Adult Foster Home setting, which promotes the dignity, safety, independence, security, health and comfort of residents through the provision of personalized care and services to encourage independence, choice, and decision making of the residents.

(34) "House Rules" means those written standards governing house activities developed by the provider and approved by the Authority or designee. These standards must not conflict with the Adult Foster Home Bill of Rights.

(35) "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 a resident or the home and/or providers.

(36) "Informed Consent for Services" means that the services to be provided by the Adult Foster Home provider to the person have been explained to the person and guardian, if applicable, and explained in a manner that they may comprehend.

(37) "Initial Personal Care Plan (IPCP)" means a written document developed for a resident within 24 hours of admission to the home. The document must address the care and services to be provided for the resident 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 resident 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 Adult Foster Home.

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

(39) "License" means a document issued by the Authority to applicants who are determined by the Authority or designee to be in substantial compliance with these rules.

(40) "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.

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

(42) "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 Authority to operate a CMHP for that county.

(43) "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.

(44) "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 person.

(45) "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-IV). As used in these rules, this term is functionally equivalent to "serious and persistent mental illness."

(46) “Mistreatment” means the following behaviors, displayed by an employee, program staff, 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:

(A) A wrongful use of a physical or chemical restraint excluding an act of restraint prescribed by a licensed physician pursuant to OAR 309-033-0730.

(B) Wrongful restraint does not include 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.

(47) "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.

(48) "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.

(49) "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.

(50) "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.

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

(52) "Personal Care Plan (PCP)" means a written plan outlining the care and services to be provided to a resident. The PCP is based upon the review of current assessment, referral, observations, resident 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 resident's recovery and independence.

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

(54) "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 Adult Foster Home individuals who are Medicaid eligible, Personal Care services are funded under Medicaid.

(55) "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.

(56) “Program Staff” means an employee or person who, by contract with an AFH provides a service and who has the applicable competencies, qualifications, and certification, required by the Integrated Services and Supports Rule (ISSR) (OAR 309-032-1500 through 309-032-1565) to provide the service.

(57) "Provider" means a qualified individual 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.

(58) "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.

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

(60) "Related" means 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.

(61) "Relative" means any person identified as family members.

(62) "Resident" means any person age 18 or older who receives room, board, care, and services in an Adult Foster Home.

(63) "Resident Manager" means an employee of the provider who is approved by the Division to live in the Adult Foster Home and is responsible for the care and services of residents on a day-to-day basis.

(64) "Residential Care" means the provision of room, board, and services that assist the resident 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 residents' general whereabouts; monitoring the activities of the resident while on the premises of the Adult Foster Home to ensure their health, safety, and welfare; providing social and recreational activities; and assistance with money management as requested.

(65) "Residents' Bill of Rights" means residents of the Adult Foster Home have the following rights as defined in ORS 443.739. Each resident has a right to:

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

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

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

(d) Be informed of the resident'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 resident 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 resident'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 a resident 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 adult foster home without 30 days' advance written notice and an opportunity for a hearing. A provider may transfer or discharge a resident only for medical reasons including a medical emergency described in ORS 443.738(11)(a), or for the welfare of the resident or other residents, 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.

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

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

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

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

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

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

(72) "Services" means those activities which are intended to help the residents 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 resident's personal care plan.

(73) "Substitute Caregiver" means any person meeting the qualifications of a caregiver who provides care and services in an Adult Foster Home under the jurisdiction of the Authority in the absence of the provider or resident manager. A resident may not be a substitute caregiver.

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

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

(76) “Volunteer” means a person who provides a service or who takes part in a service provided to individuals receiving supportive 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
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

309-040-0310

License Required

(1) License Required. In accordance with ORS 443.725 every provider of Adult Foster Care will be licensed with the Oregon Health Authority before opening or operating an Adult Foster Care Home for adult residents.

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

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

(2) Placement. No Adult Foster Home will accept placement of a person without first being licensed by the Authority.

(3) Unlicensed Adult Foster Home. No individual will be placed in an Adult Foster Home that is not licensed.

(4) Criminal History Check Requirements. Providers, resident managers, substitute caregivers, volunteers and occupants over the age of 16, excluding residents, will 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

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. A separate application is required for each location operated as an Adult Foster Home.

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

(a) The maximum resident capacity requested and will include family members needing care, persons who receive respite care, persons who receive day care and/or persons 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 residents and to operate the Adult Foster Home. If the applicant will employ a resident manager, the applicant will provide a written statement from a physician or a Licensed Medical Practitioner regarding the mental and physical ability of the resident manager to operate the Adult Foster Home and to provide care to residents;

(c) A completed financial information form provided by the Division. The applicant will demonstrate to the Division their financial ability and the resources necessary to operate the Adult Foster Home. 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 Adult Foster Home;

(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 residents, and other persons as defined in ORS 443.735(5)(a)(b), (6)(a)(b)(c);

(g) A floor plan of the Adult Foster Home 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 Adult Foster Home Self-Inspection Guide; and

(i) Each application will be accompanied by a fee of $20 per bed requested for license. This fee is waived for county-operated facilities.

(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 Adult Foster Home 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 Authority 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 Authority, or whose application has been denied by the Authority 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.

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 309-040-0015, MHD 3-2005, f. & cert. ef. 4-1-05

309-040-0320

Classification of Adult Foster Homes

The Division licenses Level 1 Adult Foster Homes. Level 1 Adult Foster Homes 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 Adult Foster Home license may be issued by the Authority based upon a determination that a facility 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 Adult Foster Home 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

309-040-0325

Capacity

(1) Number of Residents. The number of residents permitted to reside in an Adult Foster Home will be determined by the ability of the caregiver to meet the care needs of the residents, 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 will 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 will have a safe and adequate bed in which to sleep.

(2) Limiting Capacity. The following limits apply:

(a) The number of residents will be limited to five;

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

(c) Day care persons 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 persons who receive care exceeds the ability of the provider to meet the care, health, life, and safety needs of the residents, the Division may reduce the licensed capacity of the adult foster home.

(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 residents.

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

309-040-0330

Zoning for Adult Foster Homes

An Adult Foster Home is a residential use of property for zoning purposes. Under ORS 197.665, an Adult Foster Home 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 Adult Foster Home 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

309-040-0335

Training Requirements for Providers, Resident Managers, and Substitute Caregivers

(1) Training Requirements and Compliance. All providers, resident managers, and substitute caregivers will satisfactorily meet all educational requirements established by the Oregon Health Authority. No person may provide care to any resident 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 resident. Required course work and necessary skills may include, but are not limited to: physical caregiving; screening for care and service needs; appropriate behavior towards residents 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 will 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 will be in compliance with ORS 443.738. The provider will satisfactorily pass any testing requirements established by the Authority before being licensed or becoming a resident manager or substitute caregiver. The test will be completed by the caregiver without the help of any other person. The provider, resident manager and substitute caregiver will have the ability to, but will not be limited to, understanding and responding appropriately to emergency situations, changes in medical conditions, physicians' orders and professional instructions, nutritional needs, residents' preferences and conflicts.

(4) Exceptions to Training Requirements. The Authority 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 Authority will not make any exceptions to the testing requirements.

(5) Unexpected and Urgent Staffing Need. In accordance with ORS 443.738, the Authority 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 Authority determines that an unexpected and urgent staffing need exists. The licensed provider will 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 Adult Foster Home, and that the provider will provide adequate supervision.

(6) Documentation of Current Training and Testing. The provider or resident manager will 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 residents.

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

(7) Annual Training Hours. The Authority will require a minimum of twelve hours of training annually directly related to the care and services for persons with mental illness. The training for the provider, resident manager, and substitute caregiver of an Adult Foster Home will be documented in the provider, resident manager, and substitute caregiver’s training records. Such training will be in addition to any orientation, which is attended by applicants prior to licensing and will 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) Resident Rights

(f) Adult Foster Home Emergency Planning

(g) Fire Safety

(h) Complaints and Grievances

(i) Cardiopulmonary Resuscitation (CPR) and First Aid

(8) Additional Training Requirements. The Authority 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 Authority.

(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 will 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

309-040-0340

Issuance of a License

(1) Issuance of a License. Applicants will 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 Authority, the application will be denied. The Authority will issue a license to an applicant that is found to be in substantial compliance with these rules. The license will state, but is not limited to, the name of the applicant, name of the Adult Foster Home, address of premises to which license applies, the maximum number of residents, 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 will be visibly posted in the Adult Foster Home and available for inspection at all times.

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

(3) Reporting Changes. Each licensee will 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 Adult Foster Home 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 residents.

(4) Change of Ownership of an Adult Foster Home. When an Adult Foster Home is sold, the prospective new owner will apply for a license in accordance with OAR 309-040-0315 License Application and Fees if the new owner intends to operate an Adult Foster Home to be licensed by the Division.

(5) Transfer of License. An Adult Foster Home 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 will 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 Authority, the license will be denied.

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

(a) The applicant and the Adult Foster Home are in compliance with ORS 443.705 to 443.825 and the rules of the Authority;

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

(c) The Authority has received an approved criminal history records check on the applicant, resident manager, substitute caregiver, and any occupant (other than a resident), 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 Adult Foster Home, as identified in OAR 943-007, and any other rules established by the Authority.

(9) Financial Ability and Resources. The applicant will demonstrate to the Authority the financial ability and resources necessary to operate the Adult Foster Home. The demonstration of financial ability will include, but need not be limited to, providing the Authority with a list of any unsatisfied judgments, pending litigation and unpaid taxes and notifying the Authority regarding whether the applicant is in bankruptcy. If the applicant is unable to demonstrate the financial ability and resources required by this paragraph, the Authority 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 will notify the Division immediately and identify a plan for providing care to the residents. The provider will 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 physicians 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 Authority may issue a 60-day provisional license to a qualified person if the Authority determines that an emergency situation exists after being notified that the licensed provider of an Adult Foster Home is no longer overseeing operation of the Adult Foster Home.

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

309-040-0345

Renewal

(1) Renewal Application and Fee. The provider will 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 Adult Foster Home will be treated as an unlicensed facility, subject to civil penalties.

(2) Exceptions for Renewal Application. The renewal application will 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 will 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 will conduct an inspection of the Adult Foster Home.

(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 Division will require the Adult Foster Home provider to correct 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 will be imposed.

(7) Requirements for License Renewal. the Division will not renew a license unless:

(a) The applicant and the Adult Foster Home 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 Adult Foster Home;

(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 a resident, 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 Adult Foster Home provider.

(8) National Criminal Record Check. The provider, resident manager, substitute caregiver or volunteer or person residing in the Adult Foster Home 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 will be completed for the applicant and any occupant, other than a resident, 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 Adult Foster Home 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 Adult Foster Home 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 Adult Foster Home 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

309-040-0350

Variance

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

(2) No variance will be granted from a regulation or provision of these rules pertaining to the license capacity of the Adult Foster Home, inspections of the Adult Foster Home, civil, legal and human rights, and inspection of the public files. No variance related to fire and life safety will be granted by the Authority without prior consultation with the local fire Authority or its designee.

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

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

(b) A variance allowing a specific resident to be in the Adult Foster Home alone shall not exceed 4 hours in a 24 hour period;

(c) No variance allows a provider to leave a resident alone in the Adult Foster Home between the hours of 11:00 pm to 6:00 am; and

(b) 24 hour per day care shall continue for any resident that does not qualify to be in the Adult Foster Home alone.

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

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

309-040-0355

Contracts

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

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

(3) Notification of Increases, Additions, and Other Modifications of Rates. Thirty days prior written notification of increases, additions, and other modifications of the rates to be charged will be given by the provider to private residents or persons paying for care unless the change is due to a medical emergency resulting in a greater level of care, in which case the notice will be given 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

309-040-0360

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

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

(a) Be at least 21 years of age;

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

(c) Provide evidence satisfactory to the Authority 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 Authority;

(E) Experience in caring for persons 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 Authority 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 Authority, 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 Authority. The Authority will evaluate and verify information regarding criminal history;

(f) Provide evidence of sufficient financial resources to operate an Adult Foster Home for at least two months, unless the application is for renewal of an Adult Foster Home 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 residents, physician, case manager, and appropriate others; and be able to respond appropriately to emergency situations at all times;

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

(2) Qualifications for a Resident Manager. The resident manager will 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 residents for any period of time will have access to resident 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 residents, physicians, case managers, and appropriate others;

(d) Know fire safety and emergency procedures;

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

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

(g) Not be a resident; and

(h) If transporting residents 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. Providers will not hire or continue to employ a resident manager or substitute caregiver that 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

309-040-0365

Facility Standards

In order to qualify for or maintain a license, an Adult Foster Home will 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 Adult Foster Home will 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 Adult Foster Home established on or after October 1, 2004 will meet all applicable State building, mechanical, and housing codes for fire and life safety. The Adult Foster Home will be inspected for fire safety by an inspector designated by the Authority 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 Authority, a request for fire inspection will be made to the State Fire Marshal.

(c) The building and furnishings will 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, orpainting. There will be no accumulation of garbage, debris, rubbish or offensive odors;

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

(e) The heating system will be in working order. Areas of the Adult Foster Home used by residents will 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 will make a reasonable effort to make the residents comfortable using available ventilation or fans;

(f) There will be at least 150 square feet of common space, and sufficient comfortable furniture in the Adult Foster Home to accommodate the recreational and socialization needs of the occupants at one time. Common space will 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;

(g) Pools and hot tubs will 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 resident will be in accordance with the specific needs of the resident and will comply with Chapter 11 of the building code.

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

(4) Storage Areas. Storage for a reasonable amount of resident personal belongings beyond that of the resident sleeping room will be made available.

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

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

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

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

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

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

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

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

(e) No person will walk through another person's bedroom to get to a bathroom and will have barrier-free access to toilet and bathing facilities with appropriate fixtures.

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

(g) Residents will have appropriate racks or hooks for drying bath linens.

(6) Bedrooms. All furniture and furnishings will be clean and in good repair. Bedrooms for all household occupants will 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 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 resident sleeping rooms will include a minimum of 70 square feet of usable floor space for each resident or 120 square feet for two residents and have no more than two persons per room and allow for a minimum of three feet between beds;

(a) Providers, resident managers or family members will not sleep in areas designated as living areas, nor share bedrooms with residents;

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

(c) Bedrooms will be on ground level for residents who are non-ambulatory or have impaired mobility;

(d) Resident bedrooms will be in close enough proximity to alert provider to night time needs or emergencies, or be equipped with a call bell or intercom.

(7) Housing Codes. Each Adult Foster Home established on or after October 1, 2004 will meet all applicable State building, residential, fire, mechanical, and housing codes for fire and life safety. The Adult Foster Home will be inspected for fire safety by an inspector designated by the Authority 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 Department, a request for fire inspection will be made to the State Fire Marshal.

(8) Special hazards.

(a) Flammable and combustible liquids and hazardous materials will be safely and properly stored in original, properly labeled containers, or safety containers, and secured to prevent tampering by residents 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 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 will 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 will be clean and in good repair. There will be at least 150 square feet of common space, and sufficient comfortable furniture in the Adult Foster Home to accommodate the recreational and socialization needs of the occupants at one time. Common space will 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 will be clean and in good repair. Laundry facilities will be separate from food preparation and other resident use areas.

(a) Locked storage area for chemicals that pose a safety threat to residents 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 will have a minimum rinse temperature of 140 degrees Fahrenheit.

(11) Kitchen. All equipment will be clean and in good repair. Dry storage, not subject to freezing, in cabinets or a separate pantry for a minimum of one week’s supply of staple foods.

(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 will be maintained separately from those used to clean other parts of the home; and

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

(12) Details and Finishes:

(a) The building and furnishings will 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. If locks are used on doors to resident sleeping rooms, they will 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. Exit doors will not include locks, which 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 resident(s) or others enter or exit the home.

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

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

(a) Temperature Control. Areas of the Adult Foster Home used by residents will 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 will make reasonable effort to make the residents comfortable using available ventilation or fans;

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

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

(d) Water Temperature in resident areas, hot water temperatures will be maintained within a range of 110¼ to 120 degrees Fahrenheit. Hot water temperatures for washing machines and dishwashers will be at least 140 degrees Fahrenheit.

(14) Electrical. All electrical systems will meet the standards of the Oregon Electrical Specialty Code in effect on the date of installation, and all electrical devices will 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 resident areas.

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

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

(d) A functioning light will be provided in each room, stairway, and exit way. Lighting Fixtures will be provided in each resident 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 will be protected with appropriate covers.

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

(16) Pool, Hot Tubs and Ponds. Pools, hot tubs, and ponds will 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 will be available and accessible for residents' use for incoming and outgoing calls in the Adult Foster Home;

(b) Emergency telephone numbers for the local CMHP, Police, Fire, Medical, Poison Control, Provider and other emergencies will be posted by the residents telephone. The posting will include the name, address and telephone number of the Adult Foster Home, 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.

(c) Limitations on the use of the telephone by residents are to be specified in the written house rules. Individual restrictions must be specified in the individual residents PCP. In all cases, a telephone will be accessible to residents for outgoing calls (emergencies) 24 hours a day;

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

(e) The home may establish reasonable rules governing telephone use to ensure equal access by all residents. Each resident or guardian (as applicable) will be responsible for payment of long distance phone bills where calls were initiated by the resident, 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

309-040-0370

Safety

(1) Training on Safety Procedures. All staff will be trained in staff safety procedures prior to beginning their first regular shift. All residents will be trained in resident safety procedures as soon as possible during their first 72 hours of residency.

(2) Emergency Procedure.

(a) An emergency evacuation procedure will be developed, posted, and rehearsed with occupants. A record will be maintained of evacuation drills. Drills will 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 will be held at least once every 30 days.

(B) One drill practice will be held at least once every 90 days during resident’s nighttime sleeping hours. Fire drill records will 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 residents requiring assistance for evacuation;

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

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

(d) The provider will provide to the Division, maintain as current, and post a floor plan on each floor containing room sizes,

location of each resident's bed, fire exits, resident manager or provider's sleeping room, smoke detectors, fire extinguishers and escape routes. A copy of this drawing will 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 will 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 residents will go if the home becomes uninhabitable.

(4) Poisonous and Other Toxic Materials. Non-toxic cleaning supplies will be used whenever available. Poisonous and other toxic materials will 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 residents and staff as a group to evacuate the home or relocate from a point of occupancy to a point of safety.

(a) Documentation of a resident’s ability to safely evacuate from the Adult Foster Home will be maintained in the individual resident’s personal care plan.

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

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

(d) Written evacuation records will be retained for at least three years. Records will 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 will be unobstructed.

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

(8) Smoke Alarms. Approved smoke detector systems or smoke alarms will be installed according to Oregon Residential Specialty Code and Oregon Fire Code requirements. These alarms will be tested during each evacuation drill. The Adult Foster Home will provide approved signal devices for persons with disabilities who do not respond to the standard auditory alarms. All of these devices will 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 will be equipped with a device that warns of low battery when battery operated. All smoke detectors and alarms are to be maintained in functional condition;

(9) Special hazards:

(a) Flammable and combustible liquids and hazardous materials will be safely and properly stored in original, properly labeled containers or safety containers, and secured to prevent tampering by residents and vandals. Firearms on the premises of an Adult Foster Home 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 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 will 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, will 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 will 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 will 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

309-040-0375

Sanitation

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

(a) A municipal water supply will 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 home will 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 Authority. 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 Authority requirements.

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

(3) Plumbing Fixtures. Each bathtub, shower, lavatory, and toilet will 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 will be stored in an area or container separate from kitchens, dining areas, clean linens, clothing, and food.

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

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

(8) Garbage Storage and Removal. Garbage and refuse receptacles will be clean, durable, watertight, insect and rodent proof, and will be kept covered with tight-fitting lids. All garbage and solid waste will 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 will 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 will 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, will be maintained in good working order.

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

(11) Infection Control. Precautions will 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, staff will 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 will 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 will be implemented to prevent health hazards.

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

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

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 3-2005, f. & cert. ef. 4-1-05

309-040-0380

Resident Furnishings

(1) Bedrooms:

(a) Bedrooms for all household occupants will 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 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 resident or 120 square feet for two residents and have no more than two persons per room;

(b) Providers, resident managers, or family members will not sleep in areas designated as living areas, nor share bedrooms with residents;

(c) There will be an individual bed for each resident 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 residents. Each bed will 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 will be laundered at least weekly, and more often if necessary. Waterproof mattress covers will be used for incontinent residents. Day care persons may not use resident beds;

(d) Each bedroom will have sufficient separate, private dresser and closet space for each resident's clothing and personal effects, including hygiene and grooming supplies. Residents will be allowed to keep and use reasonable amounts of personal belongings, and to have private, secure storage space. Drapes or shades for windows will be in good condition and allow privacy for residents;

(e) Bedrooms will be on ground level for residents who are non-ambulatory or have impaired mobility;

(f) Resident bedrooms will 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 resident will be assisted in obtaining personal hygiene items in accordance with individual needs. These will be stored in a clean and sanitary manner, and may be purchased with the resident'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 Adult Foster Home. Sufficient supplies of soap, shampoo and toilet paper for all residents will be provided.

(4) Common Area Furniture. An adequate supply of furniture for resident use in living room, dining room, and other common areas will 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

309-040-0385

Food Services

(1) Well-balanced Diet. Three nutritious meals will be served daily at times consistent with those in the community. Meals will 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 will be given to cultural and ethnic backgrounds of residents in food preparation.

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

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

(4) Meal Preparation. Meals will be prepared and served in the Adult Foster Home where residents live. Payment for meals eaten away from the Adult Foster Home 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 will 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, will be maintained on the premises.

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

(a) All working refrigerators and freezers will 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 will be maintained in a safe and sanitary manner. Utensils, dishes and glassware will be maintained in a sufficient number to accommodate the licensed capacity of the Adult Foster Homes. Utensils, dishes, and glassware will be washed in hot soapy water, rinsed, and stored to prevent contamination. A dishwasher with sanicycle is recommended.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
Hist.: MHD 3-2005, f. & cert. ef. 4-1-05

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 Adult Foster Home 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 resident'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 will 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 will 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 will be maintained in the resident's record. The provider, resident manager or substitute caregiver will promptly notify the resident's case manager of any request for a change in resident's orders for medications, treatments, or therapies.

(c) Each resident's medication will 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 will be stored in a separate locked location. All medication for pets or other animals will be stored in a separate locked location. Unused, outdated, or recalled medications will not be kept in the Adult Foster Home and will be disposed in a manner to prevent diversion into the possession of people other than for whom it was prescribed. The provider will document disposal of all unused, outdated and or recalled medication on residents' individual drug disposal forms.

(d) Medications will 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 resident will be kept of all medications administered by the caregiver to that resident, including over the counter medications. The MAR will indicate name of medication, dosage and frequency of administration, route or method, dates and times given, and will be immediately initialed by the person 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 person giving it using only blue or black indelible ink. The medication administration record will have a legible signature for each set of initials using only blue or black indelible ink;

(f) The MAR will 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 resident who is self-administering medication the resident's individual record must include the following:

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

(B) Documentation that the resident is able to manage his or her own medication regimen and will 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 resident, or administered by a relative of the resident, 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 will be maintained in the resident's record;

(3) Initial Personal Care Plan. The Initial Personal Care Plan will be developed within 24 hours of admission to the Adult Foster Home.

(4) Personal Care Plan. 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 resident and other individuals as appropriate, including the resident’s case manger, and guardian as applicable. The Personal Care Plan for an individual resident 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);

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

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

(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) Resident Records. An individual record will be developed, kept current, and available on the premises for each resident admitted to the Adult Foster Home:

(a) General Information:

(A) The provider will maintain a record for each individual in the home. The record must include:

(i) The resident's name, previous address, date of entry into Adult Foster Home, date of birth, sex, marital status, religious preference, preferred hospital, Medicaid and/or Medicare numbers where applicable, guardianship status, and;

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

(I) The Resident's legal representative, family, advocate or other significant person;

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

(III) The resident's preferred dentist;

(IV) The resident's day program or employer, if any;

(V) The residents case manager; and

(VI) Other agency representatives providing services to the resident.

(B) Resident records will be available to representatives of the Authority conducting inspections or investigations, as well as to residents, their authorized representative or other legally authorized persons;

(C) Record Retention. Original resident records will be kept for a period of three years after discharge when a resident no longer resides in the Adult Foster Home.

(D) In all other matters pertaining to confidential records and release of information, providers will 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 resident.

(c) Resident Account Record:

(A) Resident’s Income Sources.

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

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

(D) Resident's record of discretionary funds.

(d) If a resident maintains custody and control of their discretionary funds then no accounting record is required.

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

(f) Personal Care Plan. The resident's PCP is prepared by the PCP Team. The PCP Team addresses each resident's support needs, each service provider's program plan and prepares PCP for the resident. The PCP will be developed at the time of admission, reviewed every 180 days and updated at least annually or when indicated by changing resident needs. The PCP will describe the resident's needs and capabilities including when and how often care and services will be provided and by whom. The PCP will include the provision of at least six hours of activities each week that are of interest to the resident, not including television or movies made available to the resident by the provider.

(A) Description of residents strengths and abilities;

(B) The activities of daily living where the resident requires full assistance;

(C) The activities of daily living where the resident requires partial assistance with encouragement and training;

(D) Other areas or concerns;

(E) Any mental and/or physical disabilities or impairments relevant to the service needs of the resident;

(F) The ability of the resident to exit from the Adult Foster Home in an emergency and the time required to exit;

(G) Instruction and documentation of tasks delegated to the provider by the registered nurse, with the name and license number of the delegating registered nurse; and

(H) Dates of review and signature of person preparing the PCP.

(g) House Rules: Develop 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. House rules will be discussed with residents and their families at the time of arrival and be posted in a conspicuous place in the AFH. House rules are subject to review and approval by the Authority or designee and may not violate resident’s rights as stated in ORS 430.210. A copy of the written house rules with documentation that the rules have been discussed with the resident.

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

(i) General Information: Any other information or correspondence pertaining to the resident;

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

(7) Residents’ Bill of Rights.

(a) The Provider will guarantee the Residents' Bill of Rights as described in ORS 443.739. The provider will post them in a location that is accessible to residents and parents, guardians, and advocates. A copy of the Residents’ Bill of Rights will be given to each resident, parent, guardian, and advocate along with a description of how to exercise these rights.

(b) The provider will explain and document in the resident's file that a copy of the Residents’ Bill of Rights is given to each resident 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.

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

(9) General Practices. The provider will:

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

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

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

(d) In the provider's absence, the provider will have a resident manager or substitute caregiver on the premises to provide care and services to the residents. 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.

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

(f) Allow and encourage residents to exercise all civil and human rights accorded to other citizens;

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

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

(i) Keep information related to resident(s) confidential as required under ORS 179.050;

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

(k) Not admit individuals who are clients of Aging and People with Disabilities without the express permission of the Authority or their designee;

(l) Notify the Authority prior to a closure and give residents, 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 residents, providers or caregivers. If a provider has more than one AFH, residents cannot be shifted from one AFH to another without the same period of notice unless prior approval is given and agreement obtained from residents, family members and CMHP;

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

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

(10) Incident Reports. The provider will 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 will 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

309-040-0395

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

(1) Admission. A provider will only accept a resident into their Adult Foster Home with a referral from, or the prior written approval of, staff of the CMHP or the Authority. At the time of the referral, a provider will be given complete information about the case history of a resident as it relates to behavior, skill level, medical status, or other relevant information. The provider will retain the right to deny admission of any person if they feel the person cannot be managed effectively in the Adult Foster Home, or for any other reason not specifically prohibited by this rule. Adult Foster Homes will 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 Authority.

(2) Transfers:

(a) A resident may not be transferred by a provider to another Adult Foster Home or moved out of the Adult Foster Home without 30 days advance written notice to the resident, the resident's legal 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 resident'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 resident or others, for a medical emergency, or to protect the welfare of the resident or other residents. Residents may only be transferred by a provider for the following reasons:

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

(B) Failure to make payment for care;

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

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

(b) Residents 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 resident, and at the resident's request, the provider, a family member and CMHP staff member.

(3) Respite. Providers will not exceed the licensed capacity of their Adult Foster Home. However, respite care of no longer than two weeks duration may be provided a person if the addition of the respite person does not cause the total number of residents to exceed five. Thus, a provider may exceed the licensed number of residents by one respite resident, for two weeks or less, if approved by the CMHP or Authority, and if the total number of residents does not exceed five.

(4) Discharge:

(a) A provider may only discharge a resident for valid reasons equivalent to those for transfers stated in paragraphs (2)(a)(A) through (D) of this rule. The provider will give at least 30 days written notice to a resident and the Authority before termination of residency, except where undue delay might jeopardize the health, safety or well-being of the resident or others;

(b) The provider will promptly notify staff of the CMHP or Authority if a resident gives notice or plans to leave the Adult Foster Home or if a resident abruptly leaves.

(5) Closing. Providers will notify the Authority prior to a voluntary closure of an Adult Foster Home, and give residents, families, and the CMHP, 30 days written notice, except in circumstances where undue delay might jeopardize the health, safety or well-being of residents, providers or caregivers. If a provider has more than one Adult Foster Home, residents cannot be shifted from one house to another house without the same period of notice unless prior approval is given and agreement obtained from residents, 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

309-040-0400

Inspections

(1) Authority or Designee Inspections. The Authority or designee will conduct an inspection of an Adult Foster Home:

(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 residents; or

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

(2) Authority Inspections. The Authority may conduct inspections of an Adult Foster Home:

(a) Anytime such inspections are authorized by these rules and any other time the CMHP or Authority considers it necessary to determine if an Adult Foster Home 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 residents' care.

(3) State or Local Fire Inspectors. State or local fire inspectors will be permitted access to enter and inspect the Adult Foster Home regarding fire safety upon request of the CMHP or Authority.

(4) Full Access by Authority and/or CMHP. The Authority and/or CMHP staff will have full access and authority to examine, among other things, facility and resident records and accounts, and the physical premises, including the buildings, grounds, equipment, and any vehicles.

(5) Interviews. The Authority or CMHP staff will have authority to interview the provider, resident manager, caregiver, and residents. Interviews will be confidential and conducted in private, and will be confidential except as considered public record under ORS 430.763.

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

(7) Authority to Conduct Inspections With or Without Advance Notice. The Authority and/or CMHP staff has authority to conduct inspections with or without advance notice to the provider, staff, or a resident of the Adult Foster Home. The Authority and/or CMHP will not give advance notice of any inspection if they believe that notice might obstruct or seriously diminish the effectiveness of the inspection or enforcement of these rules.

(8) Search Warrant. If the Authority 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 residents, 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 Authority and/or CMHP, during business hours.

(11) Investigate Allegations of Abuse. For individuals receiving services authorized and/or funded by the Addictions and Mental Health Services Division, the Authority or its designee 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 Authority and/or its designee, has determined to initiate an investigation, the provider will not conduct an internal investigation without prior authorization from the Authority. 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 Authority 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 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 further Authority 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 will implement the actions necessary within the deadlines listed to prevent further abuse as stated in the report.

(16) Prohibition of Retaliation. A provider will not retaliate against any person who reports in good faith suspected abuse, or against the resident 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 Adult Foster Home, 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

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 Adult Foster Home, 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 residents are in serious and immediate danger, the license may be immediately suspended or revoked and arrangements made to move the residents.

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

309-040-0410

Residents’ Rights, Complaints, and Grievances

(1) Residents' Bill of Rights.

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

(b) The provider will explain and document in the resident's file that a copy of the Resident's Bill of Rights is given to each resident 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 resident 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 resident'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 a resident 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 a resident'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 resident'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 adult foster home 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 resident only for medical reasons including a medical emergency described in ORS 443.738(11)(a), or for the welfare of the resident or other residents, or for nonpayment; and

(U) Utilize advance directives. Advance directives will be explained to each resident upon admission. If the resident 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 resident the provider shall document these directives in the resident's record; if the resident declines to file any advance directives, this declination will be documented in the resident'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) Complaints and Grievances. Any person who believes these rules have been violated may file a complaint with the Authority and/or CMHP. the Division and/or CMHP will investigate any complaint or grievance regarding the AFH.

(3) Complaint and Grievance Notice. The Division and/or CMHP will furnish each Adult Foster Home with a Complaint and Grievance Notice, which must be posted in a conspicuous place stating the telephone number of the Division and the CMHP and the procedure for making complaints or grievances.

(4) Complaint and Grievance Actions. A copy of all Adult Foster Home 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 resident; and

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

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

(6) Retaliation Against a Resident. The Adult Foster Home provider, resident manager, or caregiver will not retaliate in any way against any resident after a complaint or grievance has been filed with the Authority. 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 resident to leave the Adult Foster Home; or

(e) Abusing, harassing, or threatening to abuse or harass a resident in any manner.

(7) Retaliation Against Others. A complainant, grievant, witness or caregiver of an Adult Foster Home will 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 Adult Foster Home or a resident.

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

(9) 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 Authority upon written request subject to the Authority'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

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 a resident. 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) Resident Removal. When a license is denied, suspended, revoked, or not renewed, the Division will work with the CMHP to arrange for residents 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 residents, pending further action by the Division or Divison designee;

(b) There exists a threat to the health, safety, and welfare of a resident, 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 or Division designee;

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

(e) The provider is licensed to care for a specific person only and further placements may not be made to the Adult Foster Home.

(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 Adult Foster Home;

(b) Restricting the number and impairment level of residents 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 Adult Foster Home; and/or

(g) Suspending admissions to the Adult Foster Home.

(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.

(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

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 residents in an Adult Foster Home; 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 Adult Foster Home. 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 residents;

(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 Adult Foster Home;

(iii) Receives financial backing from the person for the benefit of the Adult Foster Home;

(iv) Receives managerial assistance from the person for the benefit of the Adult Foster Home; or

(v) Allows the person to have access to the Adult Foster Home.

(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 Authority may deny, suspend, revoke, or refuse to renew an Adult Foster Home 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 resident;

(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 Adult Foster Home.

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

309-040-0425

Removal of Residents

(1) Order to Move. The Division may order the removal of residents from an Adult Foster Home 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 a resident's rights;

(c) The number of residents currently in the Adult Foster Home exceeds the maximum licensed capacity of the Adult Foster Home;

(d) The Adult Foster Home is operating without a license; or

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

(2) Resident Assistance. The resident will be given assistance in locating and visiting alternative placements by the CMHP, if needed, and will have 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

309-040-0430

Conditions

(1) Attachment to License. Conditions will 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 residents;

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

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

(d) The Adult Foster Home is not being operated in compliance with these rules; or

(e) The provider is licensed to care for a specific person(s) only and further placements may not be made to the Adult Foster Home.

(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.

(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

309-040-0435

Criminal Penalties

(1) Unlicensed. Operating an Adult Foster Home 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) Authority access to the Adult Foster Home for inspection or investigation;

(b) Authority access to residents in order to interview residents privately or to review records; or

(c) State and local fire inspector access to the Adult Foster Home 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

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 Adult Foster Home 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 Adult Foster Home is unable to provide an adequate level of care to residents;

(e) There is retaliation or discrimination against a resident, family, employee, or any other person for making a complaint against the Adult Foster Home;

(f) The provider fails to cooperate with the Division, physician, registered nurse, or other health care professional in carrying out a resident's care plan; or

(g) Other violations are found on two consecutive inspections of an Adult Foster Home 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

309-040-0445

Public Information

(1) Current Information. The Authority will maintain current information on all licensed Adult Foster Homes and will make that information available to prospective residents, their families, and other interested members of the public.

(2) Current Information Content. The information will include:

(a) The location of the Adult Foster Home;

(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 Authority;

(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

309-040-0450

Adjustment, Suspension or Termination of Payment

(1) Causative Actions. The CMHP or Authority may adjust, suspend, or terminate payment(s) to a provider when any of the following conditions occur:

(a) The provider's Adult Foster Home 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 Authority 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 Adult Foster Home; the provider will be paid only through the last day of the individual's occupancy.

(2) Authority Obligation. The CMHP or Authority is under no obligation to maintain the Adult Foster Home 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

309-040-0455

Enjoinment of Adult Foster Home (AFH) Operation

The Authority may commence an action to enjoin (ban) the operation of an Adult Foster Home pursuant to ORS 443.775(5):

(1) Unlicensed. When an Adult Foster Home 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 residents 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

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