Or. Admin. Code § 415-054-0465

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

Section 415-054-0465 - Terms of Certification

(1) Each applicant and ADSS agrees as a term of certification:

(a) To permit Division staff to inspect the service delivery location when the applicant or ADSS intends to provide or currently provides ADSS services:

(A) During regular business hours and at any other reasonable hour to verify information contained in the application or to ensure compliance with all applicable statutes, administrative rules, other applicable regulations, or contractual obligations; and

(B) For immediate entry and inspection, extending to any premises the Division has reason to believe ADSS services are provided.

(b) To permit Division staff to inspect, audit, assess and collect data or copies from all records maintained by the applicant or ADSS in relation to the certificate including but not be limited to:

(A) Financial records;

(B) Individual service records;

(C) Records of utilization and quality assurance reviews conducted by the applicant, ADSS, or other accredited entity;

(D) Employee records including but not limited to:

(i) Academic degrees;

(ii) Professional licenses;

(iii) Supervision notes, disciplinary actions, and logs; and

(iv) Criminal background checks;

(v) All documentation required by applicable service rules, statute, other applicable regulations, and administrative rules;

(vi) Additional documentation deemed necessary by the Division to determine compliance with this or any other applicable administrative rules, statutes, or other applicable regulations.

(c) That the ADSS is certified to provide only those services that are specified in the scope of services and conditions listed on the certificate;

(d) To post the certificate or a legible copy and any accompanying letter noting any applicable conditions in a public space of each service delivery location to be available for inspection at all times;

(e) That the certificate does not create an express or implied contract in the absence of a fully executed written contract;

(f) That the certificate is not transferable to any other person or provider without Division approval; and

(g) To abide by the federal drug-free workplace requirements outlined in 45 CFR Part 76.

(2) The Division may not discriminate in its review procedures or services on the basis of race, color, national origin, age, or disability. The Division may issue certificates to specialized programs to assure maximum benefit for special populations; in which case, the Division may identify that special population in the certificates and impose applicable program criteria under the applicable service delivery rules.

(3) A certificate is void immediately:

(a) Upon voluntary closure by a ADSS;

(b) Upon the listed expiration date of the certificate if the ADSS fails to submit timely a complete application for certification renewal pursuant to these rules;

(4) Discontinuation of services:

(a) An ADSS discontinuing services voluntarily must:

(A) Notify the Division and appropriate court jurisdictions at least 60 days prior to the date of voluntary closure and provide a written plan to comply with record retention standards as applicable; and

(B) Make reasonable and timely efforts to obtain alternative services for individuals currently being served.

(b) An ADSS discontinuing services must provide individuals with a minimum 30-day written notice regarding discontinuation of services. In circumstances where undue delay might jeopardize the health, safety, or welfare of individuals or the public, including where the Division has revoked or immediately suspended the certificate, the ADSS must notify individuals regarding the discontinuation of services as soon as possible.

Or. Admin. Code § 415-054-0465

ADS 4-2017, adopt filed 12/28/2017, effective 1/1/2018

Statutory/Other Authority: 413.042 & 430.256

Statutes/Other Implemented: 430.256