Or. Admin. Code § 333-536-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-536-0010 - Application for Licensure

(1) An agency that establishes, conducts, or represents itself to the public as providing in-home care services must be licensed by the Authority and must comply with ORS 443.305 through 443.355 and these rules. The provisions of ORS 443.305 through 443.355 do not apply to:

(a) Organizations licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725, 443.860, or 443.886;

(b) Independent individuals, volunteers, family, neighbors, or to agencies offering only housekeeping or on-call staffing for facilities, or to support services provided and funded by the Oregon Department of Human Services (ODHS);

(c) A hospice program licensed under ORS 443.860 that is providing palliative care as that term is defined in ORS 413.273; or

(d) Entities that provide referral or matching services that link in-home care services with clients are not required to be licensed under these rules, unless they do one or more of the following:

(A) Schedule caregivers (as defined in OAR 333-536-0005);

(B) Assign work;

(C) Assign compensation rates;

(D) Define working conditions;

(E) Negotiate for a caregiver or client for the provision of services; or

(F) Place a caregiver with a client.

(2) Application for a license to operate an agency shall be in writing on a form provided by the Authority and shall include, but is not limited to, demographic, ownership and administrative information about the agency.

(3) The completed application to license an agency must be accompanied by a nonrefundable licensing fee specified in ORS 443.315.

(4) If an owner or administrator has direct contact with a client, the owner or administrator must submit background information to the Authority in accordance with OAR 333-536-0093 for the purposes of conducting a criminal records check. If a nationwide criminal records check is determined necessary by the Authority, the cost for the nationwide check shall be the responsibility of the agency and shall not exceed the cost charged to the Authority.

(5) If any of the information delineated in an agency's most recent application changes at a time other than the annual renewal date, an agency shall submit a revised application to the Authority within 30 days of the change.

(a) An agency that submits a revised application that contains a change to any of the following must obtain Authority approval prior to implementation:

(A) Administrator;

(B) Agency classification; and

(C) Branch or subunit.

(b) In determining whether to grant approval for changes identified in subsection (5)(a) of this rule, the Authority may request agency documents or records for review to determine compliance with in-home care licensing laws and rules, or may conduct an on-site inspection.

(6) No entity shall provide in-home care services or use the term "in-home care agency" in its advertising, publicity, or any other form of communication unless it holds a current valid license as an in-home care agency issued by the Authority.

Or. Admin. Code § 333-536-0010

OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03; PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04; PH 22-2004, f. & cert. ef. 6-25-04; PH 14-2007, f. 12-19-07, cert. ef. 1-1-08; PH 10-2012, f. 6-26-12, cert. ef. 7-1-12; PH 16-2017, amend filed 11/08/2017, effective 1/1/2018; PH 26-2021, amend filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 443.340 & ORS 443.315

Statutes/Other Implemented: ORS 443.315, 443.340 & 443.867