Or. Admin. Code § 407-007-0620

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

Section 407-007-0620 - Background Check Registry

(1) The background check registry includes SIs who work or seek to work as:

(a) An employee, contractor, temporary worker, or volunteer in a facility or qualified entity; or

(b) A homecare worker, including the position of personal support worker.

(c) An employee providing care to clients of the Department's Aging and People with Disabilities (APD) programs who works for an in-home care agency as defined by ORS 443.305 and OAR chapter 333, division 536, which has enrolled to deliver Medicaid funded services as described in OAR 411-033-0000 to 411-033 to 0030 for Department clients;

(d) An employee, contractor, temporary worker, or volunteer in an agency certified, licensed, or otherwise regulated by the Department or the Authority where the Department or Authority has indication in the Oregon Administrative Rules that govern the certification, licensure, or regulation of the agency by the Department or the Authority that placement on the registry or portability is allowed for the SIs; or

(e) An employee, contractor, temporary worker, or volunteer in an agency certified, licensed, or otherwise regulated by the Department or the Authority where the Department or Authority has a written agreement with BCU to allow portability. The written agreement must include:

(A) A citation of the Oregon Administrative Rules that govern the certification, licensure, or regulation of the agency by the Department or the Authority; and

(B) The number of years of the SI's background check may be used for portability before a recheck is required.

(2) The background check registry does not include SIs who work or seek to work as an employee or volunteer for:

(a) A community developmental disabilities program (OAR 411-320-0010 to 411-320-0200);

(b) A developmental disabilities brokerage (OAR 411-340-0010 to 411-340-0180)

(c) The Department of Human Services.

(3) An SI on the registry has a background check completed pursuant to OAR 407-007-0200 to 407-007-0370. If an SI has an approved background check, the Department may also determine that the SI has portability.

(4) The registry includes information regarding the SI including but not limited to:

(a) Name and other identifying information.

(b) Date of background check outcome.

(c) The QE submitting the background check.

(d) The position and description of duties being considered for the background check..

(e) If the background check outcome is approved and BCU determines that SI has portability:

(A) The name of any QE that hires the SI

(B) The position and descriptions of duties for which a QE has hired the SI.

(C) The permanent hire date for any position into which a QE hires the SI.

(D) The last day of work for any position into which a QE has hired the SI once the SI leave the position.

(f) If the background check outcome is approved or approved with restrictions and BCU determines that SI does not have portability:

(A) The permanent hire date for the position into which the QE has hired the SI.

(B) The last day of work for the position into which the QE has hired the SI once the SI leaves the position..

(g) If the background check outcome is denied, ineligible, or there is no fitness determination for any reason, and the SI was hired on a preliminary basis for any length of time: the last day of work for the position into which the QE has hired the SI once the SI leaves the position.

(5) The Department must complete not more than one criminal records check every 18 months on an SI subject to ORS 443.004(1)(b), effective as of the completion of an SI's first background check after the implementation of ORS 443.004(1)(b) (Or Law 2021, chapter 198), on June 8, 2021. A criminal records check, as part of a new background check, may be completed more often only if the Department:

(a) Receives credible evidence of a new criminal conviction;

(b) Receives credible evidence potentially disqualifying abuse;

(c) Is required by federal law to conduct more frequent criminal records checks; or

(d) Is notified that a SI has changed positions or duties for which there are different criminal records check requirements.

(e) Determines that it would be burdensome for an SI to wait for a new criminal records check, including but not limited to:

(A) The Department receives credible evidence of a change in circumstances that could positively impact a previous fitness determination; or

(B) The SI is seeking certification, licensure, or some other qualification associated with his or her job that requires a background check.

(6) BCU must either immediately remove an SI's portability, revoke an SI's good standing, or both if:

(a) BCU received credible evidence indicating that SI has any new potentially disqualifying convictions or conditions; or

(b) A subsequent background check results in any outcome other than approved.

(7) To remain in good standing on the registry or to have portability:

(a) The SI must have an approved background check completed pursuant to OAR 407-007-0200 to 407-007-0370 within a defined timeframe, based on federal or state requirements, populations served, types of QEs where the position is held, or types of position; or

(b) If within 120 days of expiration from the registry:

(A) The SI's qualified entity must submit a new background check request pursuant to OAR 407-007-0200 to 407-007-0370 no later than the SI's expiration date or as required by the collective bargaining agreement or program rules; and

(B) In the new background check request, the Department finds no information that would lead to a revocation of the SI working pursuant to OAR 407-007-0315.

(8) If the SI is required to have a Provider Enrollment Agreement filed with the Department, the SI must have a completed background check pursuant to OAR 407-007-0200 to 407-007-0370 with an outcome of approved or approved with restrictions within the expiration requirements of the Provider Enrollment Agreement.

Or. Admin. Code § 407-007-0620

DHSD 3-2014, f. & cert. ef. 12/1/2014; DHSD 11-2017(Temp), f. & cert. ef. 9-15-17 thru 3-13-18; DHSD 5-2018, amend filed 03/13/2018, effective 3/13/2018; DHSD 18-2019, temporary amend filed 09/26/2019, effective 9/27/2019 through 03/24/2020; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020; DHS 7-2021, temporary amend filed 06/25/2021, effective 6/25/2021 through 12/21/2021; DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021

Statutory/Other Authority: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, ORS 409.050, 410.020, 411.060, 413.036, 443.006, 443.725 & 443.735

Statutes/Other Implemented: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, 411.060, 443.006, 409.010 & 443.004