Or. Admin. Code § 419-300-0030

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

Section 419-300-0030 - Disclosure

(1) All referral agents must have a written disclosure and shall provide it to the following:

(a) The client for every "program" the client is referred to; and,

(b) The Department, as part of the application and renewal process, and any time upon request.

(2) The referral agent's disclosure and any amendments to the disclosure must be signed by the referral agent and submitted to the Department for approval and maintenance in the referral agent's file with the Department.

(3) DISCLOSURE REQUIREMENTS

(a) The written disclosure must be provided to the client at the same time the client is offered information, referral information or recommendation regarding a "program." The written disclosure must be conspicuous, provided in clear language and include a description of the program referral to be provided by the referral agent. The written disclosure must include:

(A) The names of all agencies that license the "program" and the type of licenses the "program" currently holds;

(B) All licensing actions taken against the "program" or its parent company in the prior 24 months, based on direct inquiry with each entity that licenses the "program";

(C) The number of substantiated allegations of abuse, deaths and/or serious injuries at the agency in the prior 24 months, based on direct inquiry with each entity that licenses the agency or investigates abuse at the agency;

(D) The "program's" restraint, seclusion, and behavioral management policy;

(E) Names, titles, and educational background of the leadership team of the "program";

(F) Day and nighttime ratios of staff to person(s) under 18 of the "program";

(G) Whether the "program" serves youth offenders;

(H) Names, titles, and educational background of all health care program providers who are employees of the "program".

(I) If the "program" advertises treatment services, whether the "program" is regulated as a behavioral health center by its state's health authority;

(b) A description of the relationship between the referral agent and the "program" including:

(A) A statement of whether the referral agent provides "program" referrals only to programs with which the agent has an existing contract, and the length of any contract(s).

(B) A disclosure of all sources of fees, compensation, or consideration the referral agent may receive in exchange for making the program referral

(c) A description of the referral agent's qualifications and business practices, including:

(A) The referral agent's contact information, including address and telephone number.

(B) The referral agent's educational background and qualifications.

(C) The referral agent's privacy policy.

(d) The date of the referral agent's last visit to every "program" and whether the visit was in person or a virtual tour as permitted under OAR 419-300-0100 (1)(e).

(e) A disclosure that the referral agent is registered by the Department and all referral documentation is subject to review by the Department.

(f) Referrals made by a referral agent to a Secure Transportation Services Provider must include the following disclosure: ORS 418.215 requires a secure transportation services provider that transports children to or from a school, agency, organization or program along a route that begins or ends in Oregon to be licensed by the Department of Human Services.

(4) The referral agent must maintain records documenting the provision of the disclosure to the client for a duration prescribed in OAR 419-300-0080.

(5) To amend a disclosure, a referral agent must file all amended documents and new material with the Department for review and approval.

Or. Admin. Code § 419-300-0030

DHS 7-2024, renumbered from 407-049-0030, filed 03/01/2024, effective 3/1/2024; OTIS 4-2024, minor correction filed 03/01/2024, effective 3/1/2024

Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357

Statutes/Other Implemented: ORS 409.050