Or. Admin. R. 411-050-0745

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

Section 411-050-0745 - [Effective until 7/6/2024] Records - Facility

(1) FACILITY RECORDS. Completed facility records must be kept current, maintained in the AFH, and made available for review upon request. Facility records include, but are not limited to:

(a) Proof the licensee and all subject individuals have a background check approved by the Department as required by OAR 411-049- 0120.

(b) By October 18, 2021, AFH licensees must comply with vaccination requirements for COVID-19 as prescribed in OAR 333-019-1010. Licensees must maintain proof of vaccination or documentation of a medical or religious exception as required in OAR 333-019-1010(4).

(c) Proof the licensee and all other caregivers have met and maintained the minimum qualifications at each home where they train or work, as required by OAR 411-049-0125, including:

(A) Proof of required continuing education. Documentation must include the date of each training, subject matter, name of agency or organization providing the training, and number of Department-approved classroom hours.

(B) Completed certificates to document the substitute caregivers' completion of the Department's Caregiver Preparatory Training Study Guide and Workbook and to document the administrator, resident manager, floating resident manager, and shift caregivers, as applicable, completion and passing of the Department's Ensuring Quality Care Course and examination.

(C) Documentation of orientation to the AFH on the Department's form (APD 0349) for the administrator, resident manager, floating resident manager, shift caregivers, and substitute caregivers, as applicable.

(D) The licensee must maintain copies of all caregiver's certificates of completion as part of the AFH facility records as required in OAR 411-050-0745.

(E) Employment applications and the names, addresses, and telephone numbers of all caregivers employed or used by the licensee.

(F) Verification that all caregivers are not listed on either of the Exclusion Lists.

(G) Verification that all caregivers have completed LGBTQIA2S+ training as required in OAR 411-049-0125(2).

(H) Verification that all caregivers have completed Home and Community-Based Services (HCBS) training as required in OAR 411-049-0125(2).

(d) Copies of notices sent to the LLA pertaining to changes in the resident manager, floating resident manager, shift caregiver, or other primary caregiver.

(e) Proof of required vaccinations for animals on the premises.

(f) Well water tests, if required, according to OAR 411-050-0715(10). Test records must be retained for a minimum of three years.

(g) Residency Agreements with all residents and, if applicable, specialized contracts with the Department, and tenancy agreements with room and board tenants.

(h) Records of evacuation drills according to OAR 411-050-0725, including the date, time of day, evacuation route, length of time for evacuation of all occupants, names of all residents and occupants, and names of residents and occupants that required assistance.

(i) Records of monthly fire extinguisher inspection, smoke alarm and carbon monoxide alarm testing.

(j) Succession Plan or the Department's current Adult Foster Home Back-Up Agreement form (APD 350) completed by the current back-up provider and the licensee, as stated in OAR 411-049-0135(1)(q).

(k) Documentation the licensee confirmed the RN has a valid, unencumbered Oregon license on the OSBN website at: https://osbn.oregon.gov/OSBNVerification/Default.aspx.

(l) Falsifying records or causing another to do so shall result in issuance of a mandatory civil penalty as described in OAR 411-052-0025(2).

(m) Excluding menus as required in OAR 411-050-0730(8), facility records must be maintained a minimum of three years.

(2) REQUIRED POSTED ITEMS. The following items must be posted in one location in the entryway or other equally prominent place in the home where residents, visitors, and others may easily read them:

(a) The AFH license.

(b) Conditions attached to the license, if any.

(c) A copy of a current floor plan meeting the requirements of OAR 411-050-0720(16).

(d) The AFH Resident's Rights and Freedoms form (APD 0305).

(e) LGBTQIA2S+ Protections and the LGBTQIA2S+ Nondiscrimination Notice, as described in OAR 411-049-0135(1)(i), must be posted in all places and on all materials where that notice or those written materials are posted.

(f) The home's policies as stated in the current Residency Agreement that has been reviewed for compliance with these rules by the LLA.

(g) The Department's procedure for making complaints (SDS 0519).

(h) The Long-Term Care Ombudsman poster.

(i) The Department's inspection forms identifying the number and type of violations, if any, including how corrections were made since the last annual inspection.

(j) The Department's notice pertaining to the use of any intercoms and monitoring devices that may be used in the AFH.

(k) A weekly menu according to OAR 411-050-0730(8).

(3) POST BY TELEPHONE. The following emergency contacts must be readily visible and posted by a central telephone in the AFH:

(a) The contact number for the individual named in back-up provider agreement or succession plan, who has agreed to respond in person in the event of an emergency.

(b) The emergency contact number for the licensee or administrator.

(c) The contact numbers for the home's registered nurse consultant(s), which may include a healthcare staffing agency.

Or. Admin. R. 411-050-0745

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019; APD 42-2021, temporary amend filed 09/30/2021, effective10/1/2021 through 3/29/2022; APD 57-2021, temporary amend filed 12/10/2021, effective 12/15/2021 through 03/29/2022 APD 62-2021, amend filed 12/27/2021, effective 1/1/2022; APD 65-2021, temporary amend filed 12/28/2021, effective 1/1/2022 through 6/29/2022; APD 16-2022, temporary amend filed 03/18/2022, effective 3/21/2022 through 6/29/2022; APD 23-2022, amend filed 06/02/2022, effective 6/8/2022; APD 2-2024, temporary amend filed 01/08/2024, effective 1/9/2024 through 7/6/2024; APD 11-2024, temporary amend filed 03/28/2024, effective 4/1/2024 through 7/6/2024

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 441.122, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 & 443.880

Statutes/Other Implemented: ORS 197.660 - 197.670, 409.050, 410.070, 413.085, 441.112, 441.114, 441.373, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991