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Oregon Healthcare Background Check

Providers, employees, volunteers, and contractors of Oregon Health Authority (Authority) Oregon Health Authority (Authority) are subject to background checks and screenings to determine whether they are a victim of specific crimes or other inappropriate behavior that is outlined under state or federal laws or rules that require they shouldn't be permitted to participate in, volunteer for or be employed or perform any other duties which are protected by these regulations.

(1) The Authority can adapt and incorporate into its reference the rules outlined in the following: OAR 407-007 0000 to 0075 as well as 407-007-0100 to 0100 (Employees and Volunteers and Contractors) for those concerns involving employees, volunteers, contractors, or employees of the authority other than as specified by this regulation.


(2). The Authority takes and implements through reference the rules outlined in the following: OAR 407/007/0200 to 407/007/ 0320; and 407007-0340 and 407-007-0370 (Providers) in all issues involving any entity or agency that is certified, licensed or registered or controlled by the authority except as specified within this policy.

(3). The Authority can adapt and incorporate through reference to the rules outlined in OAR 407-007-0400 to 407 007-0460 for situations that require checking for abuse by Authority staff, volunteers, and those seeking volunteer or employment positions, except for the exceptions provided by this rule.

(4). The Authority takes and incorporates via reference the rules outlined in OAR 407-017-0600 through 407-017-0640 (Long Long Term Care Registry) for those concerns involving any entity or agency certified, licensed or registered, or controlled by the authority in the absence of any other exceptions specified by this regulation.

(5). Any references to any rule between OAR 407-007-0000 through 407-007-0100 or from 407 007-0400 to 407 007 0640 in contracts or rules from the authority are considered to refer to the provisions of this rule and will be considered to apply to volunteers, employees, and contractors employed by the authority.

(6). The references in OAR 407-007-0100 to 407-0107-0640 for the Department of Human Services (Department) or to the authority can be taken as referring to one of the agencies.

(7). The Authority gives the Department to perform its duties on behalf of it to conduct background checks and screening related to the administration of programs and programs administered through the authority.

 

 

 

Statutory/Other Authority OR 413.042, 181A.195, 181A.200 and 413.036

Statutes/Other Added: ORS 183.341, 413.036 and 443.004

History:

OHA 1-2020 amended filed 02/10/2020, in effect 02/10/2020.

OHA 1, 2019 amendment filed 10/01/2019 in effect 10/01/2019

OHA1-2018. Temporary modification filed 07/02/2018. Effective 07/02/2018 until 12/27/2018

OHA 6-2012 OHA 6-2012, f. 8-9-12, certification. 8-10-12

OHA 2-2012(Temp) 2. and certificate. 5-7-12 to 11-2-12

 

Contesting a Final Fitness Determination

(1) An SI can challenge the adverse fitness decision according to OAR 407-007-0320. In this rule, the definition of"adverse fitness" can include:

(a) An ultimate fitness determination of denial or approval with limitations according to OAR 407-007-320.

(b) An exclusion is mandatory following federal law and OAR 407-007-0279 if hearing rights are provided under federal law.

(2) A SI who is employed with authority at the date of the fitness determination's finalization can appeal under the applicable policies, rules, and regulations for personnel and collective bargaining clauses. The decision of the SI to appeal is an exercise of recourse regarding their rights. SI concerning the fitness determination. It is an agreement to waive the process for contesting a case that is described by this regulation.

(3) The appeal procedure is conducted according to OAR 125-007-0300 ORS 183.411 through 183.497 along with the Attorney General's Uniform and Model Rules of Procedure for the Office of Administrative Hearings (OAH), OAR 137-003-0501 to 137-003-0700.

(4) The final fitness determination will remain in effect in the appeals procedure.

(a) When an SI is disqualified or excluded, (a) The SI cannot volunteer, work, be employed or hold the position, or provide services, or be employed, licensed, certified, or registered to perform any other jobs covered by these rules.

(b) If an SI is approved with limitations, the SI can only work within the restrictions stated on the notice of fitness determination.

(5) The positive result in the circumstances does not guarantee a job or the possibility of a job. Positive changes are:

(a) Denial being changed to an approval, or approval that has restrictions 

(b) A decision with the restriction which changes into an approval.

(6) A SI can represent themselves or obtain legal representation during the appeal procedure. In the context of this regulation, the word "SI" will be considered to encompass the legal representative of the SI if they have provided the authority with such information. SI provides the authority with these details.

(a) (a) An SI contesting an adverse decision concerning the status of a personal support worker following ORS 410.600 could represent themselves through a representative of a labor union under ORS 183.459.

(b) When the SI is an employee of a bargaining unit, the SI could be represented by a certified or recognized representative.

(c) In the case of all SIs, the representative of the SI's legal entity could comprise an Oregon licensed attorney.

(7) Hearing representatives can serve as a representative of the authority in hearings on cases that are contested. Or the authority can have representation from an attorney general's office. Office of the Attorney General.

(8) Any contesting case hearing request is due to the authority before eleven 59 p.m. by the date of due, or when it is mailed, the request must be postmarked at 11:59 p.m. on the due date.

(a) For requesting a hearing on contested cases, the applicant must fill out the form, sign, and date.

(b) The completed and signed form must be delivered to the Department by or before the expiration date. The deadline is thirty calendar days following the date of effect in the fitness notice.

(c) If an appeal to a case hearing request to hearing the case is not received in time, the authority will decide, based on an official written declaration from the SI and the information available, if there is sufficient reason to pursue the appeal procedure.

(d) Authority can refer an inexplicably late demand to OAH for a hearing in a case that is contested solely based on the timeliness of the request for a hearing.

(9) When the authority receives the request of the SI for a hearing on a contested case (9) Upon receiving the request, the authority can conduct an administrative review before sending this appeal back to OAH.

(a) The review administrative is not available to the public.

(b) The SI must be a part of the review of administrative procedures.

(c) In in addition to other methods of communication in addition to any other method of communication, the authority must supply the SI with a written letter that initiates the process of administrative review ("Correspondence").

(d) The correspondence must contain a time frame to the SI. For example, the authority's response correspondence must receive the authority before 11:00 p.m. by the due date; when it is mailed, the response must be postmarked before 11:59 p.m. on the due date.

(e) Participation of the SI could include but is not limited to the provision of additional information or documents required on or before the deadline set by the Author's correspondence.

(f) In the context of this regulation, the failure to take part in the administrative review implies that the SI doesn't respond in any manner to the authority's correspondence by the due date specified. Accordingly, the inability to participate in the process of the administrative review will result in a dismissal notice following paragraph (13)(b)(C) of the rule.

(g) The result of an administrative review results in an updated fitness determination.

(A) When the representative for hearing submits an amendment to the approved, BCU shall issue a final order, along with an amendment notice for SI and QE. SI along with the QE.

(B) When the hearing officer makes an affirmative change from denial to acceptance with limitations (B) If the hearing representative makes a positive change from denial to approval with restrictions Authority will give an amendment notice to SI along with the QE. If the SI doesn't proceed with an appeal, the authority will issue a final decision as an amendment to the notice of fitness to both SI and the QE.

(C) When the hearing officer maintains the conclusion of the fitness determination in its final form or alters an approval, with limitations to denial (C) If the hearing representative changes an approval with restrictions, the authority will appeal the case the hearing to OAH.

(10) The SI cannot contest a finding of substantiated abuse or a criminal conviction as the reason for an adverse decision following this rule. However, the SI is entitled to challenge the weight that the authority has accorded to:

(a) Evidence

(b) The variables employed in the weighing test or

(c) Other details used to assess fitness.

(11) The Authority could conduct additional investigations for abuse and criminal record checks (if permitted by law) in an appeal to verify or update the SI's potential disqualifying convictions or the conditions or factors to be considered during the weighing test. If required, the authority can modify its notice of fitness decision during the appeal process while respecting the rights to hearing and deadlines.

(12) A law enforcement judge from OAH is in charge of the hearing in a contested case.

(a) The hearing on the case in dispute is not open to the public.

(b) The Authority will give the administrative law judge and the SI a full document of all information used for the criminal record screening and fitness assessments. The SI has the right to receive reasonable notice of hearing documents through proper service.

(c) SIs are not permitted access to the confidential information in the records created or collected in the criminal records verification procedure without an order to protect against further sharing of the data.

(A) Authority must seek an order of protection by moving to an administrative law judge in the manner stipulated by OAR 137-003-0570(8) or a court of law.

(B) Together with an order to protect issued following this section, identifiable information about witnesses, clients, or others who are identified in reports of abuse or other records that are collected or created during the criminal record check process will be deleted before release, with the exception for information that identifies the SI.

(d) A judge from the administrative court makes an additional determination of fitness in light of all evidence as well as the contested hearing transcript.

(e) The only recourse that an administrative law judge could give is a fitness determination which will determine whether the SI has been approved or with limitations (if permitted by rules) or rejected.

(f) In no circumstance will any Authority or Qualified Entity (QE) be obliged to put SIs in any position. SI on any job and neither will an Authority or QE be required to sign a contract with an SI. Services or sign an agreement for contractual services in conjunction with the SI.

(13) The outcome of appeals is a final ruling.

(a) If the SI is in one of these scenarios, Notice of Fitness determination is the final order, as it were, the SI did not request a hearing in the following circumstances:

(A) The SI did not request a hearing within the time specified by this regulation. A new document cannot be issued following the determination of fitness notice.

(B) SI can withdraw the request to hear at any point in the appeal procedure.

(b) The Authority issues an order denying an appeal (a "dismissal or order") within the following scenarios:

(A) The Authority must dismiss a case hearing request if the administrative review results in a positive conclusion. There is only one exception: the authority giving a dismissal decision can be made when SI can proceed to an uncontested case hearing as the administrative review has changed the fitness decision from denial approval, with limitations.

(B) SI can withdraw an application for a hearing either in writing or verbally before the announcement of a final ruling. The dismissal decision resulting from the withdrawal will take effect from the day either OAH or the Authority OAH accepts the request. The SI may terminate the withdrawal by written form within fourteen calendar days following the withdrawal date.

(C) The Authority will dismiss any hearing request if the SI cannot take part in the administrative review process. The absence of participation as specified in (8)(f) of the rule will cause the suspension of hearing rights via an order of dismissal.

(i) A dismissal notice becomes effective when the authority sends the dismissal order.

(ii) (iii) Authority will examine a good cause application to restore hearing rights if it is submitted in writing to the authority within 14 calendar days.

(c) Following an uncontested hearing, the administrative law judge is required to issue a proposed final order.

(A) If no written objections are accepted by the authority within 14 calendar days following the delivery of the final and proposed order, the final and proposed order becomes an order to be final.

(B) If written objections to the proposed and final orders are submitted to the Authority, The Authority's Director or designee will take into consideration the exceptions and then issue an order final or ask for a written reply or a revised proposal and definitive order to be served by a judge of administrative law.

(14) final Orders, which include dismissal and default orders, are subject to reconsideration or rehearing requests within 60 days of the date the final order has been served following OAR 137-003-0675.

Statutory/Other Authority The ORS 181.534, 181.537 & 413.042

Statutes/Other Norms Implemented: ORS 181.534, 181.537 and 183.341

History:

OHA 12020 amendment filed 02/10/2020, effective 02/10/2020.

OHA1-2018. Temporary modification filed 07/02/2018, in effect 07/02/2018 until 12/27/2018

OHA 6-2012 6-12-2012. 8-9-12, certificate. 8-10-12

OHA 2-2012(Temp) certificate. 5-7-12 through 11-2-12

What is the meaning of portability?

After being approved for a background check through the Background Check Unit (BCU), certain people ( SIs) are granted portability.

An SI with portability can get this background check approval for other jobs and assignments requiring the background check under BCU's statutes and administrative rules.

With portability, The SI could be hired or employed immediately following the time a qualified entity designee (QED) submits an online background check application into ORCHARDS and receives confirmation that the SI is already qualified.

Who can get portability?

It is only accessible to certain positions and providers:

Facilities for skilled and nursing care, as well as nurseries

assisted living facilities and residential care facilities

Adult foster homes that are licensed in Oregon to:

  • People over the age of 65 and those with physical disabilities ODHS Ageing and people with Disabilities,
  • Individuals who have developmental impairments who receive ODHS services for intellectual and developmental disabilities
  • Adults who suffer from behavioral health disorders by OHA Health Services Division, OHA Behavioral Services
  • Personal care workers and home care staff for seniors, developmental disabilities clients, and those with behavioral health problems.
  • Every DD adult and child facility, institution, and even provider (with the except for volunteers and employees in communities DD programs or DD brokerages)

The portability of In-Home Care agencies

There is a distinct group of portability that is made up of home care organizations that have the Medicaid contract for providing the services of ODHS clients.

In this case, if an SI is authorized to work for an in-home care provider, they'll be hired immediately by another home-based care provider. Learn more about the Oregon healthcare background check


Updated on 2022-08-04 21:33:49 by larry coleman

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