Or. Admin. Code § 333-536-0055

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-536-0055 - Disclosure, Screening, and Acceptance of Clients

(1) An agency shall only accept or retain clients for services for whom it can ensure the following:

(a) The agency has the capability to meet the in-home care needs of the client;

(b) The agency employs a sufficient number of trained and competent staff and has adequate resources to provide the requested or needed services; and

(c) The agency is able to coordinate its services with the care and services provided by other organizations and individuals to the client.

(2) When an individual is accepted to receive services, a written disclosure statement shall be signed by the client or the client's representative. Evidence that the disclosure statement was given to the client or the client's representative shall be incorporated into the client's record.

(3) The disclosure statement must include the following:

(a) A description of the license classification and the services offered by the agency according to OAR 333-536-0045, including the extent of registered nurse involvement in the agency's operations and whether nursing services as described in OAR 333-536-0080 are provided;

(b) If the agency provides medication reminding or medication services, a description of the qualifications of the individual(s) providing oversight of the agency's medication administration systems and the medication training and demonstration;

(c) A clear statement indicating that it is not within the scope of the agency's license to manage the medical and health conditions of clients who are no longer stable and predictable;

(d) A description of the qualifications and training requirements necessary for individuals providing direct client care, as determined by the agency;

(e) The charges for the services provided by the agency;

(f) A description of how a service plan is developed and reviewed and the relationship between the service plan and the cost of services;

(g) A description of billing methods, payment systems, and due dates;

(h) The policy for client notification of increases in the costs of services;

(i) The agency's deposit and refund policy, including client or agency cancellation of services;

(j) Criteria, circumstances, and conditions which may result in termination of services by the agency and client notification of such;

(k) The policy for client reimbursement for stolen, broken or misappropriated property or funds;

(L) Procedures for contacting the agency administrator or administrator's designee, or administrator's delegate during all of the hours during which services are provided;

(m) A clear statement indicating that the disclosure statement shall be made available to the client in an alternate format at the client's request; and

(n) A copy of the client's rights as specified in OAR 333-536-0060.

(4) The agency shall notify the client, or the client's representative, of the need for a referral for medical or health services if the client's medical or health condition is no longer stable and predictable. Notification must be documented in the client's record.

(a) A client who is no longer stable and predictable may only receive housekeeping or other support services from the agency.

(b) The agency shall notify the client or the client's representative that the agency may not manage, or represent itself as able to manage a client's medical or health condition that is not stable and predictable. Notification must be documented in the client's record.

(c) The agency shall provide information, resources or other assistance to the client or the client's representative on transferring services.

Or. Admin. Code § 333-536-0055

OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03; PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04; PH 22-2004, f. & cert. ef. 6-25-04; PH 10-2012, f. 6-26-12, cert. ef. 7-1-12; PH 26-2021, amend filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 443.340

Statutes/Other Implemented: ORS 443.340