OAR 333-536-0050
Organization, Administration, and Personnel
(1)
An agency shall clearly set forth in writing the organization, services provided, administrative control, and lines of authority and responsibility from the owner to the client-care level.(a)
An agency shall not assign administrative and supervisory functions to another agency or organization.(b)
An agency shall control and be responsible for all services provided.(c)
An agency shall be required to maintain administrative and professional oversight to ensure the quality of services provided.(d)
All agency records must be kept separate and distinct from other business entities.(2)
Geographic service area:(a)
An agency shall identify in writing the geographic area in which it generally intends to provide services.(b)
The geographic service area shall be within a distance from a parent agency which ensures appropriate and timely delivery and supervision of services with the following exception:(A)
An agency caregiver may accompany a client outside the geographic service area if all of the following conditions are met:(i)
A client has requested an agency caregiver to accompany the client; and(ii)
The travel plans are described and documented in a client’s service plan.(B)
An agency shall require a caregiver who accompanies a client outside the geographic service area to:(i)
Document all services and care provided to the client on a daily basis;(ii)
Report to the agency administrator or designee either by phone or e-mail the status of the client before leaving the geographic service area and immediately upon return;(iii)
Check-in with the agency administrator no less than once per week if the travel results in the client and caregiver being gone for more than one week; and(iv)
Be certified in Cardiopulmonary Resuscitation (CPR).(C)
If the client’s condition changes while traveling, the caregiver must contact the agency administrator or designee immediately.(D)
An agency shall develop policies and procedures which address what caregivers must do when their client’s condition changes while the client and caregiver are out of the agency’s geographic service area.(3)
If an agency operates a branch office:(a)
The branch office shall be located within the parent agency’s geographic service area at a distance from the parent agency that generally does not exceed one hour’s travel time.(b)
The branch office shall be operated under the management and supervision of the parent agency. Administrative and personnel functions must be retained at the parent agency. The branch office must not function as an independent agency.(c)
Services must not be provided from the branch office until the branch office has been added to the license of the parent agency in accordance with Division procedures.(4)
If an agency provides services from an office generally exceeding one hour of travel time located outside of a parent agency’s geographic service area, that office will constitute a subunit of the agency. If the agency has subunits:(a)
The subunit shall have its own staff, separate from parent agency staff, and shall operate independently of the parent agency.(b)
The subunit shall independently meet all licensing requirements, be separately licensed from the parent agency, and pay a separate licensure fee.(5)
An agency’s owner or designee shall:(a)
Assume full legal, financial, and overall responsibility for the agency’s operation; and(b)
Serve as, or employ, a qualified administrator.(6)
An administrator shall meet the following qualifications:(a)
Possess a high school diploma or equivalent; and(b)
Have at least two years of professional or management experience in a health-related field or program or have completed a training program approved by the Division.(7)
An administrator or designee shall be accessible and available during all hours in which services are being provided to clients and must be able to be on site at the parent agency location within a timely manner as needed. An administrator shall assign, in writing, a qualified designee to act as administrator in his or her temporary absence.(8)
An administrator or designee shall be responsible for:(a)
Organizing and directing the agency’s ongoing functions;(b)
Developing and implementing written and current policies and procedures necessary to direct the administrative, personnel, and client care operations of the agency, including but not limited to the requirements in these rules;(c)
Ensuring the completeness and accuracy of all information provided to the public regarding the agency and its services;(d)
Ensuring the provision of safe and appropriate services in accordance with written service plans;(e)
Ensuring that all individuals providing services for the agency meet the qualification, orientation, competency, training, and education requirements in the rules;(f)
Ensuring that personnel and client care practices are consistent with the agency’s written policies and procedures.(g)
Ensuring that client care assignments are based on the caregiver’s abilities, skills, and competence;(h)
Ensuring that the agency does not accept or retain clients for whom it does not have the capabilities or resources to provide services;(i)
Ensuring the timely internal investigation of complaints, grievances, accidents, incidents, medication or treatment errors, and allegations of abuse or neglect involving individuals providing services for the agency. An agency shall maintain in its records documentation of the complaint or event, the investigation, the results, and actions taken;(j)
Ensuring the timely reporting of allegations of abuse or neglect to the appropriate authority that includes but is not limited to the Department of Human Services, Oregon Health Authority, Public Health Division, or local law enforcement agency.(9)
Personnel records for all caregiver, nursing staff, and employees shall include at a minimum the following:(a)
Evidence of pre-employment screening;(b)
Evidence that the in-home care agency has conducted a criminal records check on all subject individuals in accordance with OAR 333-536-0093 (Criminal Records Checks).(A)
The in-home care agency must ensure that a criminal records check has been conducted on all subject individuals employed by or volunteering for an agency on or after July 6, 2011.(B)
If the screening indicates that a subject individual has been convicted for crimes against an individual or property, the agency shall make a determination of the individual’s fitness to provide care to clients in accordance with OAR 333-536-0093 (Criminal Records Checks).(c)
Evidence that all position qualifications have been met, including required licensure;(d)
Current position job description(s) signed by the individual(s);(e)
Evidence of orientation, training, competency, and ongoing education;(f)
Evidence of annual performance evaluations; and(g)
Evidence of a valid driver’s license with current auto insurance for each individual whose duties include transporting clients in motor vehicles.(10)
An agency shall comply with all applicable state and local laws, statutes, rules, and ordinances.
Source:
Rule 333-536-0050 — Organization, Administration, and Personnel, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-536-0050.