1. (1) The Agency with Choice must ensure that the individual is supported in ensuring their services are adequate and responsive to their needs with a focus on self-direction.
2. (2) The services provided by an Agency with Choice must include the provision of or assistance with ADL, IADL and health-related tasks as directed by the individual or the authorized representative and approved in the individual’s authorized person-centered service plan. The Agency with Choice is not responsible for long term care community nursing services.
3. (3) An Agency with Choice must agree in writing to deliver the supports identified in an individual's authorized person-center service plan which includes the limits and scope of the services to be provided. Agreement may be shown by the Agency with Choice signature on the person-centered service plan.

4. (4) The Agency with Choice must assist the Individual with the following responsibilities:

   1. (a) Recruiting, selecting, and retaining direct support workers to assist Individuals with activities of daily living (ADL), Instrumental Activities of Daily Living (IADL) and health related tasks, and changing direct support workers from an individual’s service team when necessary;
   2. (b) Coordinating the schedules of direct support workers prioritizing the individual’s choices, needs, and preferences, ensuring that support is person-centered and self-directed;
   3. (c) Proactively work with the individual or their authorized representative to develop a back-up plan to ensure continuity of services, when the regularly scheduled direct support worker is unavailable due to absence or emergent circumstances and ensure that the Individual’s service needs are met during these planned and unplanned absences;
   4. (d) Establishing the responsibilities of direct support workers and ensuring direct support workers do not work more than the hours authorized by the Authority;
   5. (e) Training direct support workers on best practices and basic requirements and at the request of the Individual, the individual’s specific needs and preferences to ensure services and supports are delivered appropriately;
   6. (f) Ensuring a safe and healthy workplace environment as defined in OAR chapter 410, division 172, and in the roles and responsibilities of co-employer; and
   7. (g) Ensuring direct support workers are compliant with Electronic Visit Verification (EVV).
5. (5) If the Agency with Choice is concerned that the individual can no longer self-direct or if there is a change of condition, the Agency with Choice must contact the individual’s care coordinator within five business days.
6. (6) All documentation required in sections (2) and (4) of this rule must be kept in the Individual’s record.
7. (7) The Licensee is responsible for the supervision, training, and overall conduct of all Agency with Choice staff when acting within the scope of their employment or duties.

Statutory/Other Authority

ORS 413.042 & Oregon Law 2024, Chapter 37

Statutes/Other Implemented

ORS 430.731 & Oregon Law 2024, Chapter 37

History

BHS 4-2026, adopt filed 04/30/2026, effective 04/30/2026