Current through Register Vol. 63, No. 9, September 1, 2024
(1)
A completed, written application shall be submitted by the applicant on forms
supplied by the Division. The application is not complete until all information
is received by the Division. Incomplete applications are void 60 days after
initial receipt by the Division.
(2) An applicant shall submit a separate
application for each location operated as an AFH.
(3) The application shall include the
following:
(a) The maximum capacity requested
and a written statement describing family members needing care, individuals who
receive respite care, individuals who receive day care, or individuals who
receive room and board;
(b) A
written statement from an LMP regarding the mental and physical ability of the
applicant to provide care to individuals and to operate the AFH. If the
applicant employs a resident manager, the applicant shall provide a written
statement from a physician or a LMP regarding the mental and physical ability
of the resident manager to operate the AFH and to provide care to
individuals;
(c) A completed
financial information form provided by the Division. The applicant shall
demonstrate to the Division the applicant's financial ability and the resources
necessary to operate the AFH. Financial ability shall include but is not
limited to providing the Division with a list of unsatisfied judgments, pending
litigation, and unpaid taxes and notifying the Division regarding whether the
applicant is in bankruptcy. If the applicant is unable to demonstrate the
financial ability and resources required, the Division may require the
applicant to furnish a financial guarantee as a condition of initial licensure
in accordance with ORS
443.735(3)(e);
(d) A completed Facility Provider Enrollment
Application;
(e) A signed letter of
support from the Local Mental Health Authority or designee for the applicant to
be licensed to operate the AFH;
(f)
Documentation of a Criminal History Check approval in accordance with OAR
943-007-0001 through 0501 for
the provider, the resident manager, caregivers, volunteers, and other occupants
over the age of 16, excluding individuals and other persons as defined in ORS
443.735;
(g) Written background information pertaining
to any current or previous licensure or certification by a state agency,
including those licenses or certificates granted to a business or person
affiliated with the business, including:
(A)
Copies of all current licenses or certificates;
(B) Documentation showing the final
disposition of any suspension, denial, revocation, or other disciplinary
actions initiated on any current or previous license or certificate, including
settlement agreements, where applicable; and
(C) Documentation of any substantiated
allegations of abuse or neglect pertaining to the applicant or anyone employed
by or contracted with the applicant.
(h) A floor plan of the AFH showing the
location and size of rooms, exits, secondary emergency egress, smoke detectors
and fire extinguishers, and evidence of compliance with facility safety
requirements as outlined in OAR
309-040-0370;
(i) A completed AFH Self-Inspection Guide;
and
(j) Each application must be
accompanied by a fee of $20 per bed requested for license.
(4) The Division shall determine compliance
with these rules based on receipt of the completed application material and
fees, a review of information submitted, an investigation of information
submitted, an inspection of the AFH, and interviews with the provider
determined by the Division and other individuals as identified by the
Division.
(5) The applicant may
withdraw the application at any time during the application process by
notifying the Division in writing.
(6) The Division may elect to deny an
application prior to review when:
(a) The
applicant has previously had any action taken on a certificate or license;
or
(b) Action taken on a
certificate or license includes denial, suspension, conditions, intent to
revoke, or revocation by the Division, the Authority, the Oregon Department of
Human Services, or any other state agency;
(c) The applicant may appeal the denial of
the application by submitting a request for reconsideration in writing to the
Division within 14 calendar days from receipt of the denial notice. The
Division shall make a decision on the appeal within 30 days of receipt of the
appeal. The decision of the Division shall be final.
(7) An applicant whose license has been
revoked or voluntarily surrendered, following a receipt of Notice of Intent to
Revoke or Notice of Intent to Not Renew from the Division, or whose application
has been denied by the Division for reasons relating to but not limited to
criminal convictions, civil proceedings against the applicant, or substantiated
allegations of abuse by the applicant may not be permitted to submit an
application for one year from the date that the revocation, surrender, or
denial is made final. A longer period may be specified in the order revoking or
denying the license.
(8)
Enforcement of Home and Community-Based Required Qualities:
(a) An AFH licensed on or after July 1, 2016,
shall be in full compliance with all requirements under these rules at the time
of initial licensure;
(b) An AFH
licensed prior to July 1, 2016, shall come into compliance with applicable
rules as follows:
(A) All AFH's shall be in
full compliance with all applicable rules no later than January 1,
2017;
(B) For those rules
designated by the Division to become effective July 1, 2016, the provider must
make measurable progress towards compliance with those rules. The Division may
not issue sanctions or penalties for failure to meet those rules effective July
1, 2016, or those obligations imposed by OAR chapter 411, division 4, until
January 1, 2017, if the provider demonstrates measurable progress towards
compliance.
Statutory/Other Authority: ORS
413.042 & ORS
443.420
Statutes/Other Implemented: ORS
443.705 -
443.825
