Or. Admin. R. 309-033-0425

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-033-0425 - Provider Requirements for the Transportation and Transfer of Minors in Custody or by Consent of Legal Guardian

(1) Providers must be contracted to provide secure non-emergent medical transport (NEMT) services.

(2) Transportation of minor individuals (under the age 18) must be consistent with the requirement of 419-480-0010 through 419-480-0120 and must include disclosure in a noticeable location in any advertisements or promotional materials for its secure transportation services that the provider is authorized by the Oregon Health Authority to provide secure transportation services;

(a) The disclosure must also indicate that the secure transportation services provider is not licensed by the Department under ORS 418.215 or 418.240 to provide secure transportation services and, if applicable, the reason for the provider's licensing exemption under 419-480-0020(2);

(b) Secure NEMT service providers can obtain an exemption from Oregon Department of Human Services (ODHS) to conduct secure transports within the parameters set forth in the legislation such as secure transport to/from Oregon when it originates or ends at a Child Care Agency (CCA), Oregon Developmental Disabilities Services (ODDS) residential facility or a Child Welfare certified foster home.

(3) When transporting minors, the provider must have a documented service agreement that describes:

(a) The services to be provided;

(b) The fee for the services;

(c) Any physical limitations, allergies, medications (prescribed or over the counter that are to be administered during transport);

(d) Any special needs of the child, any instructions from the child, parent or guardian, including but not limited to guidance on what would help the child feel comfortable, safe and secure while being transported;

(e) The route to be taken when requested;

(f) An inventory of personal belongings transported with the child; and

(g) A plan for how the provider will meet the child's needs during transport.

(4) The provider must have clear policies and procedures addressing the following:

(a) Employee conduct;

(b) How protected health information will be kept secure and confidential;

(c) How medication, lodging, food, bathroom and personal needs will be met during transport;

(d) How the provider will coordinate with the parents/guardian if emergency conditions require any deviations from the planned itinerary; and

(e) Accessing roadside assistance 24/7 for emergency support or roadside assistance.

(5) The provider must have a policy describing the process by which referrals for the secure transport of children are received, reviewed, and approved. The policy must include:

(a) Information that is required to be submitted to ensure the safety of the child while being transported; and

(b) The identification of the individual responsible to take custody of the child after transport.

(6) The provider must maintain a record of each secure transport service provided to include the name and date of birth for the child being transported. The date(s) of transportation, the name, address and contact information for the parents/guardian, a copy of authorization (consent) to transport the child and a copy of the release of information (ROI) signed by the parent/guardian for health care information relating to the transport needs of the child.

(7) Incident Reporting. A written description of any injury involving a child in care must be placed in the individual child in care's record and a copy provided to the parent/legal guardian or identified caregiver responsible for the child's care. Any critical incident, elopement or possible abuse must also be reported to the appropriate protective services agency, the Health Systems Division, the receiving agency, the parent/legal guardian and other partnering agencies as appropriate based on the reported information.

(8) The secure transportation services provider must ensure a child in care is properly secured in an age-appropriate safety seat when transported in a motorized vehicle and that all seatbelts in use not requiring an age-appropriate safety seat are designed to be operated by the passenger without the assistance of a third party. The provider will encourage the continued use of all seatbelts and safety seat mechanisms while in transport and will provide any assistance to properly adjust or release seatbelts or safety seat mechanisms when needed.

(9) The provider must prohibit any smoking, aerosolizing, or vaporizing of an inhalant in the presence of a child in care.

Or. Admin. R. 309-033-0425

BHS 24-2022, adopt filed 12/20/2022, effective 12/20/2022; BHS 28-2022, minor correction filed 12/21/2022, effective 12/21/2022

Statutory/Other Authority: ORS 413.042, 426.005, 426.060, 426.110(2), 426.232, 426.236, 409.050, 418.005, 418.240 & 418.255

Statutes/Other Implemented: ORS 426.005-426.395 & 418.205-418.327