OAR 411-020-0010
Authority and Responsibility
(1)
GENERAL ADULT PROTECTIVE SERVICES.(a)
ORS 409.010 (Department of Human Services), authorizing Adult Protective Services for older adults and adults with disabilities.(b)
ORS 410.020 (Implementation of state policy), authorizing the protection of older adults and adults with disabilities from physical and mental abuse and from fraudulent practices.(c)
ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619), defining Adult Protective Services as a service to be provided by the Department directly or through type B area agencies, in response to the need for protection from harm or neglect to older adults and adults with disabilities.(d)
ORS 410.070 (Duties of Department of Human Services), authorizing the Department to serve as an advocate for older adults and adults with disabilities by conducting investigations concerning matters affecting the health, safety, and welfare of older adults and adults with disabilities, and to adopt rules for providing Adult Protective Services.(2)
ADULT FOSTER HOMES.(a)
ORS 443.767 (Investigation of complaint) requires the Department to promptly investigate any complaint that a resident of an adult foster home has been injured, abused, or neglected and is in imminent danger, or has died or been hospitalized, and any complaint alleging the existence of any circumstances that may result in injury, abuse, or neglect of a resident and may place the resident’s health or safety in imminent danger.(b)
OAR 411-050-0665 details the steps for filing, investigating, and documenting complaints in Adult Foster Homes.(3)
RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES.(a)
ORS 443.435 allows the Department access to a facility to determine whether it is maintained and operated in accordance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) and 443.991 (Penalties)(2) and the rules in OAR chapter 411, division 054.(b)
OAR 411-054-0105 (Inspections and Investigations) details methods for conducting inspections and investigations in residential care and assisted living facilities.(4)
ELDER ABUSE.(a)
ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) mandates reports and investigations of reportedly abused older adults.(b)
These rules detail the procedures for reporting, investigating, and documenting alleged abuse or self-neglect of older adults.(5)
ADULTS WHO RECEIVE MEDICAID SERVICES.(a)
Section 1915(c) of the Social Security Act, Home and Community-Based Services (HCBS) Waiver (see Waiver Survey, Appendix Item G-1-a) mandates the Department to take reports of and investigate critical incidents (e.g., abuse, neglect, and exploitation) that reportedly occur to Medicaid recipients, and develop strategies to reduce or prevent future incidents.(b)
ORS 124.070 (Duty to investigate), 409.010 (Department of Human Services), 410.020 (Implementation of state policy), 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619), 410.070 (Duties of Department of Human Services), and 443.767 (Investigation of complaint) provide the Department with authority to designate Adult Protective Services as under these rules.(c)
OAR 411-065-0000 (Purpose) to 411-065-0050 (Contract) details APD contracted services for recipients of Medicaid services.
Source:
Rule 411-020-0010 — Authority and Responsibility, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-020-0010.