Or. Admin. Code § 333-536-0050

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

Section 333-536-0050 - Organization, Administration, and Personnel

(1) An agency shall clearly set forth in writing the organization, services provided, administrative control, and lines of authority and responsibility from the owner to the client-care level.

(a) An agency shall not assign administrative and supervisory functions to another agency or organization.

(b) An agency shall control and be responsible for all services provided.

(c) An agency shall be required to maintain administrative and professional oversight to ensure the quality of services provided.

(d) All agency records must be kept separate and distinct from other business entities.

(2) Geographic service area:

(a) An agency shall identify in writing the geographic area in which it generally intends to provide services.

(b) The geographic service area shall be within a 60-mile distance from a parent agency or subunit which ensures appropriate and timely delivery and supervision of services with the following exception:

(A) An agency caregiver may accompany a client outside the geographic service area if all of the following conditions are met:

(i) A client has requested an agency caregiver to accompany the client; and

(ii) The travel plans are described and documented in a client's service plan.

(B) An agency shall require a caregiver who accompanies a client outside the geographic service area to:

(i) Document all services and care provided to the client on a daily basis;

(ii) Report to the agency administrator or administrator's designee either by phone or electronic mail the status of the client before leaving the geographic service area and immediately upon return; and

(iii) Check-in with the agency administrator or administrator's designee no less than once per week if the travel results in the client and caregiver being gone for more than one week.

(C) If the client's condition changes while traveling, the caregiver must contact the agency administrator or administrator's designee immediately.

(3) If an agency operates a branch office:

(a) The site of the branch office must not exceed 60 miles from the location of the parent agency or subunit. The branch office is part of the agency or subunit and must be located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch to independently meet the requirements of an agency.

(b) The branch office shall be operated under the management and supervision of the parent agency or subunit in its geographic service area. Administrative and personnel functions, including but not limited to scheduling, training and record maintenance, must be retained at the parent agency or subunit. The branch office must not function as an independent agency.

(c) Services must not be provided from the branch office until the branch office has been added to the license of the parent agency or subunit in accordance with Authority procedures.

(4) If an agency provides services from an office that exceeds 60 miles from the location of the parent agency, that office will constitute a subunit of the agency. If the agency has one or more subunits, each subunit shall:

(a) Have the same owner(s) as the parent agency;

(b) Have its own staff, separate from parent agency staff, and shall operate independently of the parent agency. For purposes of this rule, "operate independently" means billing, scheduling, human resources oversight, and staff training must be implemented and operated by the subunit. A subunit may utilize a parent agency's administrative systems to support such functions as billing and scheduling. A parent agency may share templates or other guidance for client and employee records, training, and policies and procedures with the subunit; and

(c) Independently meet all licensing requirements, be separately licensed from the parent agency, and pay a separate licensure fee.

(5) An agency's owner shall assume full legal, financial, and overall responsibility for the agency's operation. Any violations by agency owners, staff, or representatives are attributable to the agency and against the agency's license.

(6) An agency shall comply with all applicable federal, state and local laws and the rules adopted thereunder.

Or. Admin. Code § 333-536-0050

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 26-2021, amend filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 443.340

Statutes/Other Implemented: ORS 443.315 & 443.340