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(6) CERTIFICATE DENIAL, REVOCATION, OR REFUSAL TO RENEW. The Division may deny, revoke, or refuse to renew a certificate when the Division finds the brokerage or provider organization, the brokerage or provider organization director, or any person holding 5 percent or greater financial interest in the brokerage or provider organization: (a) Demonstrates substantial failure to comply with these rules such that the health, safety, or welfare of individuals is jeopardized and the brokerage or provider organization fails to correct the noncompliance within 30 calendar days of receipt of written notice of non-compliance; (b) Has demonstrated a substantial failure to comply with these rules such that the health, safety, or welfare of individuals is jeopardized during two inspections within a six year period (for the purpose of this rule, "inspection" means an on-site review of the service site by the Division for the purpose of investigation or certification); (c) Has been convicted of a felony or any crime as described in OAR 407-007-0275; (d) Has been convicted of a misdemeanor associated with the operation of a brokerage or provider organization; (e) Falsifies information required by the Division to be maintained or submitted regarding services of individuals, program finances, or individuals' funds; (f) Has been found to have permitted, aided, or abetted any illegal act that has had significant adverse impact on individual health, safety, or welfare; or (g) Has been placed on the current Centers for Medicare and Medicaid Services list of excluded or debarred providers. (7) NOTICE OF CERTIFICATE DENIAL, REVOCATION, OR REFUSAL TO RENEW. Following a Division finding that there is a substantial failure to comply with these rules such that the health, safety, or welfare of individuals is jeopardized, or that one or more of the events listed in section (6) of this rule has occurred, the Division may issue a notice of certificate revocation, denial, or refusal to renew. Page 23 of 106
(8) IMMEDIATE SUSPENSION OF CERTIFICATE. When the Division finds a serious and immediate threat to individual health and safety and sets forth the specific reasons for such findings, the Division may, by written notice to the certificate holder, immediately suspend a certificate without a pre-suspension hearing and the brokerage or provider organization may not continue operation. (9) HEARING. An applicant for a certificate or a certificate holder may request a hearing pursuant to the contested case provisions of ORS chapter 183 upon written notice from the Division of denial, suspension, revocation, or refusal to renew a certificate. In addition to, or in lieu of a hearing, the applicant or certificate holder may request an administrative review by the Division's Assistant Director. An administrative review does not preclude the right of the applicant or certificate holder to a hearing. (a) The applicant or certificate holder must request a hearing within 60 days of receipt of written notice by the Division of denial, suspension, revocation, or refusal to renew a certificate. The request for a hearing must include an admission or denial of each factual matter alleged by the Division and must affirmatively allege a short plain statement of each relevant, affirmative defense the applicant or certificate holder may have. (b) In the event of a suspension pursuant to section (8) of this rule and during the first 30 days after the suspension of a certificate, the brokerage or provider organization may submit a written request to the Division for an administrative review. The Division shall conduct the review within 10 days after receipt of the request for an administrative review. Any review requested after the end of the 30day period following certificate suspension shall be treated as a request for hearing under subsection (a) of this section. If following the administrative review the suspension is upheld, the brokerage or provider organization may request a hearing pursuant to the contested case provisions of ORS chapter 183. Stat. Auth.: ORS 409.050 & 410.070 Stats. Implemented: ORS 427.005, 427.007, & 430.610 – 430.695 Page 24 of 106
Page 1 and 2: DEPARTMENT OF HUMAN SERVICES SENIOR
Page 3 and 4: (3) "Activities of Daily Living (AD
Page 5 and 6: contract with the Department, Local
Page 7 and 8: (24) "Crisis Diversion Services" me
Page 9 and 10: (P) Overhead track systems to assis
Page 11 and 12: (a) Is primarily in business to pro
Page 13 and 14: that a psychiatrist, psychologist,
Page 15 and 16: (b) Uses the least intervention pos
Page 17 and 18: (74) "Self-Administration of Medica
Page 19 and 20: and durable and non-durable medical
Page 21 and 22: (88) "Support Services Brokerage Po
Page 23: (d) Application for renewal must be
Page 27 and 28: (D) Review by the brokerage adminis
Page 29 and 30: (5) When abuse is alleged or death
Page 31 and 32: (v) The disposition of the complain
Page 33 and 34: (F) The decision of the SPD Assista
Page 35 and 36: (d) The individual or the individua
Page 37 and 38: (G) Give DHS an opportunity to revi
Page 39 and 40: (3) An application for employment a
Page 41 and 42: Stat. Auth.: ORS 409.050 & 410.070
Page 43 and 44: individual is eligible for, and at
Page 45 and 46: (B) A description of any contractua
Page 47 and 48: (iii) The individual is determined
Page 49 and 50: (A) The brokerage must designate a
Page 51 and 52: (iv) The type of support provider.
Page 53 and 54: (c) A revision to the annual or ini
Page 55 and 56: 411-340-0125 Crisis Supports in Sup
Page 57 and 58: (C) Complete and coordinate the Sup
Page 59 and 60: (C) Support services funds are not
Page 61 and 62: (B) The brokerage director, or a de
Page 63 and 64: specific to the individual and the
Page 65 and 66: oxygen equipment, and monitoring fo
Page 67 and 68: (i) Shopping; (ii) Transportation;
Page 69 and 70: (ii) In organized conferences and w
Page 71 and 72: (iii) Specially designed clothes to
Page 73 and 74: (e) In accordance with Oregon Board
Page 75 and 76:
(J) Failed to comply with the provi
Page 77 and 78:
(E) Dietary supplements including b
Page 79 and 80:
(c) If the Policy Oversight Group i
Page 81 and 82:
(5) PERSONAL AGENT QUALIFICATIONS.
Page 83 and 84:
(f) Incident reports. (g) Assessmen
Page 85 and 86:
(8) SPECIAL RECORD REQUIREMENTS FOR
Page 87 and 88:
immediately or within timeframes sp
Page 89 and 90:
and to meet the requirements of the
Page 91 and 92:
(4) BEHAVIOR CONSULTANTS. Behavior
Page 93 and 94:
411-340-0170 Standards for Provider
Page 95 and 96:
(C) Complaints. The provider organi
Page 97 and 98:
(A) A written emergency plan must b
Page 99 and 100:
(I) The Oregon Occupational Safety
Page 101 and 102:
(B) Maintain a current written reco
Page 103 and 104:
(ii) Communicating any concerns reg
Page 105 and 106:
(ii) As an emergency measure, but o
Page 107:
(e) Current retail business license
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