OAR 333-536-0041


The Division shall, in addition to any investigations conducted pursuant to OAR 333-536-0043 (Investigations), conduct at least one survey of each in-home care agency prior to services being rendered and once every three years thereafter as a requirement of licensing and at such other times as the Division deems necessary.


In lieu of an on-site inspection required by section (1) of this rule, the Division may accept a certification or accreditation from a federal agency or an accrediting body approved by the Division that state licensing standards have been met if an in-home care agency:


Notifies the Division to participate in any exit interview conducted by the federal agency or accrediting body; and


Provides copies of all documentation concerning the certification or accreditation requested by the Division.


An in-home care agency shall permit Division staff access to any location from which it is operating its agency or providing services during a survey.


A survey may include but is not limited to:


Interviews of clients, client family members, agency management and staff;


On-site observations of clients and staff performance;


Review of documents and records;


Client audits.


An in-home care agency shall make all requested documents and records available to the surveyor for review and copying.


Following a survey, Division staff may conduct an exit conference with an agency owner, administrator, or designee. During an exit conference, Division staff shall:


Inform the agency owner, administrator or designee of the preliminary findings of the inspection; and


Give the owner, administrator or designee a reasonable opportunity to submit additional facts or other information to the surveyor in response to those findings.


Following a survey, Division staff shall prepare and provide the agency owner or administrator specific and timely written notice of the findings.


If the findings result in a referral to another regulatory agency, Division staff shall submit the applicable information to that referral agency for its review and determination of appropriate action.


If no deficiencies are found during a survey, the Division shall issue written findings to the agency owner or administrator indicating that fact.


If deficiencies are found, the Division shall take informal or formal enforcement action in accordance with OAR 333-536-0117 (Informal Enforcement) or 333-536-0120 (Formal Enforcement).
Last Updated

Jun. 8, 2021

Rule 333-536-0041’s source at or​.us