Or. Admin. Code § 411-360-0090

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

Section 411-360-0090 - AFH-DD License Renewal

(1) A licensee must submit a renewal application and fee prior to the expiration date of their current license to keep the license in effect until the Department renews the license or issues a final order of non-renewal. If the renewal application and fee are not submitted prior to the expiration date of the current license, the AFH-DD is unlicensed and subject to administrative sanctions.

(2) The renewal application must include the information and fee described in OAR 411-360-0050. The following information is not required if the information has not changed:

(a) Physician's statement;

(b) Financial information;

(c) Floor plan; and

(d) The plan for the daily operation of the AFH-DD, including the following:

(A) The use of a resident manager and substitute caregivers, as applicable.

(B) The schedule of the provider, resident manager, and substitute caregivers, as applicable.

(C) The plan for coverage in the absence of the provider, resident manager, or substitute caregivers, as applicable; and

(D) The plan for covering administrative responsibilities and staffing qualifications when multiple homes are operated by the same provider.

(3) The Department shall investigate the information in the renewal application and conduct an inspection of the home.

(a) The licensee shall receive a copy of the Department's inspection form citing any deficiencies and specifying a time frame for correction, no later than 30 calendar days from the date of inspection.

(b) The Department may require the licensee to correct deficiencies prior to renewing a license. The Department may deny a renewal application if cited deficiencies are not corrected within the time frame specified by the Department.

(4) The Department does not renew a license unless the following conditions are met:

(a) The provider and the AFH-DD comply with ORS 443.002, ORS 443.705 through 443.825, and these rules.

(b) The Department has completed an inspection of the AFH-DD.

(c) The Department has completed a background check every two years in accordance with OAR 411-360-0110, ORS 181A.200, and ORS 443.004, on any subject individual as defined in OAR 411-360-0020.

(5) When an AFH-DD has been licensed for less than 24 months, the burden of proof to establish compliance with ORS 443.705 through 443.825 and these rules is upon the licensee.

(6) When an AFH-DD has been licensed for at least 24 continuous months, the burden of proof to establish noncompliance with ORS 443.705 through 443.825 and these rules is upon the Department.

Or. Admin. Code § 411-360-0090

SPD 3-2005, f. 1-10-05, cert. ef 2-1-05; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10; SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 5-2013(Temp), f. & cert. ef. 4-1-13 thru 9-27-13; SPD 34-2013, f. & cert. ef. 9-27-13; APD 34-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018; APD 30-2018, amend filed 08/09/2018, effective 8/10/2018

Statutory/Other Authority: ORS 409.050, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790

Statutes/Other Implemented: ORS 443.001-443.004, 443.705-443.825, 443.875 & 443.991