OAR 411-340-0070
Personnel Policies and Practices
(1)
Brokerages must maintain up-to-date written position descriptions for all staff as well as a file, available to the Department, the Oregon Health Authority, or other appropriate authority for inspection that includes written documentation of the following for each staff:(a)
Reference checks and confirmation of qualifications prior to hire;(b)
Written documentation of an approved background check completed by the Department in accordance with OAR 407-007-0200 (Purpose and Scope) through 407-007-0370 (Variances);(c)
Satisfactory completion of basic orientation, including instructions for mandatory reporting and training specific to intellectual or developmental disabilities and skills required to carry out assigned work if the employee is to provide direct assistance to individuals;(d)
Written documentation of employee notification of mandatory reporter status;(e)
Written documentation of any founded report of child abuse or substantiated abuse;(f)
Written documentation of any complaints filed against the staff and the results of the complaint process, including any disciplinary action; and(g)
Legal eligibility to work in the United States.(2)
Any employee providing direct assistance to individuals must be at least 18 years of age and capable of performing the duties of the job as described in a current job description signed and dated by the employee.(3)
An application for employment at the Brokerage must inquire whether an applicant has had any founded reports of child abuse or substantiated abuse.(4)
Any employee of the Brokerage, or any subject individual defined by OAR 407-007-0210 (Definitions), who has or will have contact with an eligible individual of support services, must have an approved background check in accordance with OAR 407-007-0200 (Purpose and Scope) through 407-007-0370 (Variances) and under ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints).(5)
A person may not be authorized as a provider or meet qualifications as described in this rule if the person has been convicted of a disqualifying crime in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care).(6)
Section (5) of this rule does not apply to employees of the Brokerage who were hired prior to July 28, 2009 and remain in the current position for which the employee was hired.(7)
Each Brokerage regulated by these rules must be a drug-free workplace.(8)
BROKERAGE DIRECTOR.(a)
The Brokerage must employ a full-time Brokerage Director who is responsible for the daily operations of the Brokerage in compliance with these rules and who has authority to make budget, staffing, policy, and procedural decisions for the Brokerage.(b)
In addition to the general staff qualifications in sections (1) and (2) of this rule, the Brokerage Director must have:(A)
A minimum of a bachelor’s degree and two years of experience, including supervision, in the field of intellectual or developmental disabilities, social services, mental health, or a related field; or(B)
Six years of experience, including supervision, in the field of intellectual or developmental disabilities, social services, or mental health.(9)
PERSONAL AGENTS.(a)
Each personal agent must meet the qualifications of a case manager as described in OAR 411-415-0040 (Case Manager Staff Requirements).(b)
A Brokerage must submit a written variance request to the Department prior to employing a person not meeting the minimum qualifications for a personal agent set forth in subsection (a) of this section. The variance request must include:(A)
An acceptable rationale for the need to employ a person who does not meet the qualifications; and(B)
A proposed alternative plan for education and training to correct the deficiencies.(i)
The proposal must specify activities, timelines, and responsibility for costs incurred in completing the alternative plan.(ii)
A person who fails to complete the alternative plan for education and training to correct the deficiencies may not fulfill the requirements for the qualifications.(c)
The duties of the personal agent must be specified in a job description and include, at a minimum:(A)
The delivery of case management services to individuals as described in OAR chapter 411, division 415; and(B)
Assisting the Brokerage Director in the identification of existing and insufficient service delivery resources or options.(10)
ASSESSORS. A Brokerage must employ a qualified assessor. The duties of the assessor must be specified in the employee’s job description and at a minimum include conducting Oregon Needs Assessments as described in OAR chapter 411, division 425. The assessor must:(a)
Meet the qualifications described in OAR 411-425-0035 (Qualifications and Training); and(b)
Participate in and complete the training described in OAR 411-425-0035 (Qualifications and Training).(11)
Qualified staff of the Brokerage must maintain and enhance their knowledge and skills through participation in education and training. The Department provides training materials and the provision of training may be conducted by the Department or Brokerage staff, depending on available resources.(12)
Staff must appear as a witness on behalf of the Department during an informal conference and hearing when required by the Department. Staff may not act as a representative for the claimant during an informal conference and hearing.
Source:
Rule 411-340-0070 — Personnel Policies and Practices, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-340-0070.