Current through Register Vol. 63, No. 3, March 1, 2024
(1)
The background check registry includes SIs who work or seek to work as:
(a) An employee, contractor, temporary
worker, or volunteer in a facility or qualified entity; or
(b) A homecare worker, including the position
of personal support worker.
(c) An
employee providing care to clients of the Department's Aging and People with
Disabilities (APD) programs who works for an in-home care agency as defined by
ORS
443.305
and OAR chapter 333, division 536, which has enrolled to deliver Medicaid
funded services as described in OAR 411-033-0000 to 411-033 to 0030 for
Department clients;
(d) An
employee, contractor, temporary worker, or volunteer in an agency certified,
licensed, or otherwise regulated by the Department or the Authority where the
Department or Authority has indication in the Oregon Administrative Rules that
govern the certification, licensure, or regulation of the agency by the
Department or the Authority that placement on the registry or portability is
allowed for the SIs; or
(e) An
employee, contractor, temporary worker, or volunteer in an agency certified,
licensed, or otherwise regulated by the Department or the Authority where the
Department or Authority has a written agreement with BCU to allow portability.
The written agreement must include:
(A) A
citation of the Oregon Administrative Rules that govern the certification,
licensure, or regulation of the agency by the Department or the Authority;
and
(B) The number of years of the
SI's background check may be used for portability before a recheck is
required.
(2)
The background check registry does not include SIs who work or seek to work as
an employee or volunteer for:
(a) A community
developmental disabilities program (OAR 411-320-0010 to
411-320-0200);
(b) A developmental
disabilities brokerage (OAR 411-340-0010 to 411-340-0180)
(c) The Department of Human
Services.
(3) An SI on
the registry has a background check completed pursuant to OAR 407-007-0200 to
407-007-0370. If an SI has an approved background check, the Department may
also determine that the SI has portability.
(4) The registry includes information
regarding the SI including but not limited to:
(a) Name and other identifying
information.
(b) Date of background
check outcome.
(c) The QE
submitting the background check.
(d) The position and description of duties
being considered for the background check..
(e) If the background check outcome is
approved and BCU determines that SI has portability:
(A) The name of any QE that hires the
SI
(B) The position and
descriptions of duties for which a QE has hired the SI.
(C) The permanent hire date for any position
into which a QE hires the SI.
(D)
The last day of work for any position into which a QE has hired the SI once the
SI leave the position.
(f) If the background check outcome is
approved or approved with restrictions and BCU determines that SI does not have
portability:
(A) The permanent hire date for
the position into which the QE has hired the SI.
(B) The last day of work for the position
into which the QE has hired the SI once the SI leaves the position..
(g) If the background check
outcome is denied, ineligible, or there is no fitness determination for any
reason, and the SI was hired on a preliminary basis for any length of time: the
last day of work for the position into which the QE has hired the SI once the
SI leaves the position.
(5) The Department must complete not more
than one criminal records check every 18 months on an SI subject to ORS
443.004(1)(b),
effective as of the completion of an SI's first background check after the
implementation of ORS
443.004(1)(b)
(Or Law 2021, chapter 198), on June 8, 2021. A criminal records check, as part
of a new background check, may be completed more often only if the Department:
(a) Receives credible evidence of a new
criminal conviction;
(b) Receives
credible evidence potentially disqualifying abuse;
(c) Is required by federal law to conduct
more frequent criminal records checks; or
(d) Is notified that a SI has changed
positions or duties for which there are different criminal records check
requirements.
(e) Determines that
it would be burdensome for an SI to wait for a new criminal records check,
including but not limited to:
(A) The
Department receives credible evidence of a change in circumstances that could
positively impact a previous fitness determination; or
(B) The SI is seeking certification,
licensure, or some other qualification associated with his or her job that
requires a background check.
(6) BCU must either immediately remove an
SI's portability, revoke an SI's good standing, or both if:
(a) BCU received credible evidence indicating
that SI has any new potentially disqualifying convictions or conditions;
or
(b) A subsequent background
check results in any outcome other than approved.
(7) To remain in good standing on the
registry or to have portability:
(a) The SI
must have an approved background check completed pursuant to OAR 407-007-0200
to 407-007-0370 within a defined timeframe, based on federal or state
requirements, populations served, types of QEs where the position is held, or
types of position; or
(b) If within
120 days of expiration from the registry:
(A)
The SI's qualified entity must submit a new background check request pursuant
to OAR 407-007-0200 to 407-007-0370 no later than the SI's expiration date or
as required by the collective bargaining agreement or program rules;
and
(B) In the new background check
request, the Department finds no information that would lead to a revocation of
the SI working pursuant to OAR 407-007-0315.
(8) If the SI is required to have a Provider
Enrollment Agreement filed with the Department, the SI must have a completed
background check pursuant to OAR 407-007-0200 to 407-007-0370 with an outcome
of approved or approved with restrictions within the expiration requirements of
the Provider Enrollment Agreement.
Statutory/Other Authority: ORS
181A.195,
181A.200,
183.459,
409.025,
409.027,
ORS
409.050,
410.020,
411.060,
413.036,
443.006,
443.725
& 443.735
Statutes/Other Implemented: ORS
181A.195,
181A.200,
183.459,
409.025,
409.027,
411.060,
443.006,
409.010
& 443.004
