OAR 411-450-0070
Community Living Supports Providers and Provider Requirements
(1)
A PSW who meets the standards described in OAR chapter 411, division 375.(a)
A PSW is not an available provider type when there is not a common law employer as described in OAR 411-375-0070 (Inactivation and Termination of Independent Providers).(b)
A PSW may not provide community living supports to an individual when the PSW and individual reside together unless:(A)
The PSW is a family member;(B)
The PSW does not own or control the property; or(C)
The individual and the PSW have equal homeowner or rental property rights.(2)
A provider agency certified according to OAR chapter 411, division 323 with an endorsement to these rules.(3)
A home health agency with a current license issued under ORS 443.015 (License required).(4)
An in-home care agency with a current license issued under ORS 443.315 (License required).(5)
A provider organization currently certified under OAR chapter 411, division 340 whose certificate was issued or applied for prior to January 1, 2016.(6)
A provider agency certified under OAR chapter 411, division 323 and endorsed to OAR 411-340-0170 between January 1, 2016 and June 29, 2016.(7)
An agency certified under OAR chapter 411, division 323 and endorsed to OAR chapter 411, division 328 for supported living programs or to OAR chapter 411, division 325 for 24-hour residential programs or OAR chapter 411, division 345 for employment may provide community living supports, excluding DSA, without an endorsement to these rules until the agency’s certification is renewed following the adoption of these rules.(8)
An adult foster home licensed under OAR chapter 411, division 360.This provider type may only deliver community living supports, excluding DSA:(a)
When they are in or based out of the licensed setting. An adult foster home provider may not provide community living supports to an individual in or based out of the home of the individual.(b)
To an adult.(9)
A child foster home licensed under OAR chapter 411, division 346. This provider type may only deliver community living supports, excluding DSA:(a)
When they are in or based out of the licensed setting. A child foster home provider may not provide community living supports to a child in or based out of the home of the child.(b)
To a child.(10)
An agency certified under OAR chapter 411, division 323 and endorsed to OAR chapter 411, division 325 for 24-hour residential programs does not require endorsement to these rules to deliver community living supports, excluding DSA, when they are in or based out of the licensed setting. A provider of a 24-hour residential program may not provide community living supports to an individual in or based out of the home of the individual.(11)
Providers qualified to deliver community living supports under sections (5) though (10) of this rule are subject to OAR 411-450-0040 (Community Living Supports Entry and Exit), 411-450-0050 (Minimum Standards for Community Living Supports), 411-450-0060 (Community Living Supports), and sections (6) through (26) of 411-450-0080 (Standards for Provider Agencies Delivering Community Living Supports) when delivering community living supports.
Source:
Rule 411-450-0070 — Community Living Supports Providers and Provider Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-450-0070.