1. (1) CERTIFICATION, ENDORSEMENT, AND ENROLLMENT. To operate a 24-hour residential program, a provider must have:
   (a) A certificate and an endorsement for a 24-hour residential program as set forth in OAR chapter 411, division 323;
   (b) An Agency Identification Number assigned by the Department as described in OAR chapter 411, division 370; and
   (c) A Medicaid Performing Provider Number assigned by the Department as described in OAR chapter 411, division 370.
   (2) PROVISIONAL ENDORSEMENT. An initial endorsement to these rules is provisional. An agency operating under a provisional endorsement may not be issued more than one license under OAR 411-325-0030 unless:
   (a) The licensed setting has been serving individuals for at least two years; and
   (b) The setting’s license, issued while the agency was under a provisional endorsement, has been renewed as described in OAR 411-325-0070; and
   (c) There are no active advisory letters, serious violation letters, unresolved plan of corrections, conditions, or other administrative sanctions; and
   (d) The licensed setting is in compliance with applicable Oregon Administrative Rules.
   (3) INSPECTIONS AND INVESTIGATIONS. A provider must allow inspections and investigations as described in OAR 411-323-0040.
   (4) MANAGEMENT AND PERSONNEL PRACTICES. A provider must comply with the management and personnel practices as described in OAR 411-323-0050.
   (5) STAFFING SURVEY.
   (a) A provider must submit annual staffing data to the nationally standardized reporting survey organization specified by the Department.
   (b) A provider must ensure completion of the direct support professional staffing survey by the provider’s employees when required by the Department.
   (6) COMPETENCY BASED TRAINING PLAN. A provider must have and implement a Competency Based Training Plan that meets, at a minimum, the competencies and timelines set forth in the Department's Oregon Core Competencies. At a minimum, the Competency Based Training Plan must:
   (a) Address health, safety, rights, values, personal regard, and the mission of the provider.
   (b) Describe competencies, training methods, timelines, how competencies of staff are determined and documented, including steps for remediation, and when a competency may be waived by the provider to accommodate the specific circumstances of a staff member.
   (7) GENERAL STAFF QUALIFICATIONS. Each staff member providing direct assistance to an individual must:
   (a) Have knowledge of the individual’s ISP and the medical, behavioral, and additional support needs of all individuals in the home; and
   (b) Have met the basic qualifications in the Competency Based Training Plan. The provider must maintain and keep current written documentation that the staff member has demonstrated competency in areas identified by the Competency Based Training Plan as required by section (6) of this rule, and that is appropriate to their job description.
   (8) CONFIDENTIALITY OF RECORDS. A provider must ensure confidentiality of all individuals' records as described in OAR 411-323-0060.
   (9) DOCUMENTATION REQUIREMENTS. Unless stated otherwise, all entries required by these rules must comply with the agency documentation requirements described in OAR 411-323-0060.
   (10) ABUSE AND INCIDENT HANDLING AND REPORTING.
   (a) Complaints of abuse and the occurrence of serious incidents must be treated as described in OAR 411-323-0063.
   (b) NOTIFICATION OF SUBSTANTIATED ABUSE.
   (A) When a provider receives notification of a substantiated allegation of abuse, the provider must immediately give written notification to the following:
   (i) The person found to have committed abuse.
   (ii) Individuals residing in the home and their legal representatives.
   (B) A provider's written notification of a substantiated allegation of abuse must include the following:
   (i) The type of abuse.
   (ii) When the allegation was substantiated.
   (iii) How to request a public record copy of the Abuse Investigation and Protective Services Report.
   (C) A provider must have policies and procedures to describe how the provider implements notification of substantiated abuse as described in this section.

Statutory/Other Authority

ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455

Statutes/Other Implemented

ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991

History

APD 1-2026, amend filed 01/12/2026, effective 01/15/2026
APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026
APD 43-2019, amend filed 10/29/2019, effective 11/01/2019
APD 13-2019, amend filed 02/14/2019, effective 02/15/2019
APD 24-2016, f. & cert. ef. 6-29-16
SPD 1-2012, f. & cert. ef. 1-6-12
SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11