OAR 411-034-0055
Provider Termination
(1)
The Department, Division, or Designee may deny or terminate a homecare worker’s provider enrollment and provider number as described in OAR 411-031-0050 (Termination, Administrative Review, and Hearing Rights). The termination, administrative review, and hearings rights for homecare workers is described in 411-031-0050 (Termination, Administrative Review, and Hearing Rights).(2)
The Department, Division, or Designee may deny or terminate a personal support worker’s provider enrollment and provider number when the personal support worker:(a)
Has been appointed the legal guardian of an individual;(b)
Has a background check that results in a closed case pursuant to OAR 407-007-0325;(c)
Lacks the skills, knowledge, or ability to perform, or learn to perform, the required work;(d)
Violates the protective service and abuse rules in OAR chapter 411, division 20, OAR chapter 407, division 45, and chapter 943, division 45;(e)
Commits fiscal improprieties;(f)
Fails to provide the authorized services required by an eligible individual;(g)
Has been repeatedly late in arriving to work or has absences from work not authorized in advance by an individual;(h)
Has been intoxicated by alcohol or drugs while providing authorized services to an individual or while in the individual’s home;(i)
Has manufactured or distributed drugs while providing authorized services to an individual or while in the individual’s home; or(j)
Has been excluded as a provider by the U.S. Department of Health and Human Services, Office of Inspector General, from participation in Medicaid, Medicare, or any other federal health care programs.(3)
A personal support worker may contest the Department’s, Division’s, or Designee’s decision to terminate the personal support worker’s provider enrollment and provider number.(a)
A designated employee from the Department, Division, or Designee reviews the termination and notifies the personal support worker of his or her decision.(b)
A personal support worker may file a request for a hearing with the Department’s, Division’s, or Designee’s local office if all levels of administrative review have been exhausted and the provider continues to dispute the Department’s, Division’s, or Designee’s decision. The local office files the request for a hearing with the Office of Administrative Hearings as described in OAR chapter 137, division 3. The request for a hearing must be filed within 30 calendar days of the date of the written notice from the Department, Division, or Designee.(c)
When a contested case under these rules is referred to the Office of Administrative Hearings, the referral must indicate whether the Department is authorizing a proposed order, a proposed and final order, or a final order.(d)
No additional hearing rights have been granted to a personal support worker by this rule other than the right to a hearing on the Department’s, Division’s, or Designee’s decision to terminate provider enrollment.
Source:
Rule 411-034-0055 — Provider Termination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-034-0055.