1. (1) An Individual record must be maintained for every individual and must be maintained in the Agency with Choice’s office.

2. (2) A legible, reproducible individual record which is easily accessible including:

   1. (a) Identification data;
   2. (b) Signed disclosure documents and documentation required by these rules including the individuals' rights documentation required by these rules;
   3. (c) An agreement signed by the individual or the authorized representative before the initiation of services that specifies the services to be provided in accordance with the person-centered service plan; and
   4. (d) End-of-service summary, including the dates of service and the disposition of the individual.
3. (3) A list of Agency with Choice direct support workers providing services to an individual must be documented in the individual's record at the Agency with Choice. The individual’s record must also identify back-up coverage during planned or unplanned absence or emergent circumstances where the primary direct support worker is, or workers are, unavailable.
4. (4) Reasonable precautions must be taken to protect an individual’s record and information from unauthorized access, fire, water, theft, damage or destruction.
5. (5) All individuals' records must be kept for a period of at least seven years after the date of last service.
6. (6) Individual records must be made available upon request to the individual and or the representative upon request.
7. (7) If there is a change in the business entity operating as an Agency with Choice, all individuals' records must remain with the Agency with Choice. Until a new licensee has assumed control of the individual’s records, it is the responsibility of the outgoing licensee to protect and maintain these records. This requirement applies when the underlying business entity changes, regardless of whether there is a change in ownership.
8. (8) Before an Agency with Choice terminates its business, the Agency with Choice must notify the Authority at least 60 days in advance and must notify the Authority where the individuals' records will be stored. Copies of all records must be transferred to the Authority prior to the closure of the Agency with Choice.

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