Current through Register Vol. 63, No. 9, September 1, 2024
(1) All referral agents must have a written
disclosure and shall provide it to the following:
(a) The client for every "program" the client
is referred to; and,
(b) The
Department, as part of the application and renewal process, and any time upon
request.
(2) The
referral agent's disclosure and any amendments to the disclosure must be signed
by the referral agent and submitted to the Department for approval and
maintenance in the referral agent's file with the Department.
(3) DISCLOSURE REQUIREMENTS
(a) The written disclosure must be provided
to the client at the same time the client is offered information, referral
information or recommendation regarding a "program." The written disclosure
must be conspicuous, provided in clear language and include a description of
the program referral to be provided by the referral agent. The written
disclosure must include:
(A) The names of all
agencies that license the "program" and the type of licenses the "program"
currently holds;
(B) All licensing
actions taken against the "program" or its parent company in the prior 24
months, based on direct inquiry with each entity that licenses the
"program";
(C) The number of
substantiated allegations of abuse, deaths and/or serious injuries at the
agency in the prior 24 months, based on direct inquiry with each entity that
licenses the agency or investigates abuse at the agency;
(D) The "program's" restraint, seclusion, and
behavioral management policy;
(E)
Names, titles, and educational background of the leadership team of the
"program";
(F) Day and nighttime
ratios of staff to person(s) under 18 of the "program";
(G) Whether the "program" serves youth
offenders;
(H) Names, titles, and
educational background of all health care program providers who are employees
of the "program".
(I) If the
"program" advertises treatment services, whether the "program" is regulated as
a behavioral health center by its state's health authority;
(b) A description of the
relationship between the referral agent and the "program" including:
(A) A statement of whether the referral agent
provides "program" referrals only to programs with which the agent has an
existing contract, and the length of any contract(s).
(B) A disclosure of all sources of fees,
compensation, or consideration the referral agent may receive in exchange for
making the program referral
(c) A description of the referral agent's
qualifications and business practices, including:
(A) The referral agent's contact information,
including address and telephone number.
(B) The referral agent's educational
background and qualifications.
(C)
The referral agent's privacy policy.
(d) The date of the referral agent's last
visit to every "program" and whether the visit was in person or a virtual tour
as permitted under OAR 419-300-0100 (1)(e).
(e) A disclosure that the referral agent is
registered by the Department and all referral documentation is subject to
review by the Department.
(f)
Referrals made by a referral agent to a Secure Transportation Services Provider
must include the following disclosure: ORS 418.215 requires a secure
transportation services provider that transports children to or from a school,
agency, organization or program along a route that begins or ends in Oregon to
be licensed by the Department of Human Services.
(4) The referral agent must maintain records
documenting the provision of the disclosure to the client for a duration
prescribed in OAR 419-300-0080.
(5)
To amend a disclosure, a referral agent must file all amended documents and new
material with the Department for review and approval.
Statutory/Other Authority: ORS 409.050, ORS 419B.005 to
419B.050 & ORS 418.351 to 418.357
