OAR 411-058-0080
Background Check Requirements

(1) Any referral agent, including any employee of a referral agent that provides long term care referrals to clients, and who comes into direct contact with clients must complete a background check process described in section (3) of this rule with an outcome of approved. Direct contact with clients includes:
(a) In-person contact with clients;
(b) Telephone contact with clients to obtain client-specific information, including, but not restricted to a client’s medical, financial, and long term care needs;
(c) Electronic communication with clients to obtain client-specific information, including, but not restricted to a client’s medical, financial, and long term care needs; or
(d) Contact with clients through written communication via US mail, other delivery services, or facsimile to obtain client-specific information, including, but not restricted to a client’s medical, financial, and long term care needs.
(2) If a referral agent or employee is hired on a preliminary basis pursuant to OAR 407-007-0315 (Hired on a Preliminary Basis) or a substantially similar process used by a background check entity as described in OAR 411-058-0080 (Background Check Requirements)(3) through (7), active supervision of the referral agent or employee shall include that the person supervising:
(a) Knows where the referral agent or employee is and what the referral agent or employee is doing; and
(b) Periodically observes the action of the employee through in-person, telephonic, or electronic contact with the agent or employee.
(3) Any referral agent, including any employee of a referral agent that provides long term care referrals to clients and who comes into direct contact with clients, as described in 411-058-0080 (Background Check Requirements)(1), must undergo a background check process substantially similar to the process described in OAR 407-007-0200 (Purpose and Scope) to 407-007-0320 (Final Fitness Determinations) with an outcome of approved.
(4) As an alternative to utilizing DHS’ Background Check Unit, referral agents may utilize background check entities that are accredited by the National Association of Professional Background Screeners, subject to these rules.
(5) Referral agents utilizing alternative background check entities per 411-058-0080 (Background Check Requirements)(4) must obtain prior authorization from the Department of Human Services as described in 411-058-0080 (Background Check Requirements)(6).
(6) The Department of Human Services will approve a referral agent’s use of an alternate background check entity, which demonstrably meets the requirements of this rule, if the referral agent provides:
(a) A notarized affidavit from the background check entity describing and demonstrating that the entity’s background check process utilized for referral agents is substantially similar to the process defined in OAR 407-007-0200 (Purpose and Scope) to 407-007-0320 (Final Fitness Determinations).
(b) The affidavit must include a detailed account of how the entity’s process deviates from OAR 407-007-0200 (Purpose and Scope) to 407-007-0320 (Final Fitness Determinations).
(c) The affidavit must include the affiant’s title and role in the entity.
(7) The Department of Human Services shall review in good faith and prior-authorize, deny, or seek additional information from the referral agent’s choice of nationally accredited background check entity within 15 calendar days of submission of the request and affidavit.

Source: Rule 411-058-0080 — Background Check Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-058-0080.

Last Updated

Jun. 8, 2021

Rule 411-058-0080’s source at or​.us