The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF HUMAN SERVICES,
VOCATIONAL REHABILITATION SERVICES
DIVISION 10
STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES
582-010-0005
Statement of Policy
(1) Clients of OVRS should receive community rehabilitation services from a broad range of providers of varied sizes and types, offering a wide scope of services. Availability of all types of community rehabilitation services is essential to establishing and maintaining a statewide network of vocational rehabilitation services.
(2) OVRS promotes the quality of community rehabilitation services by providing standards for its direct client service providers who have no other state mandated licensing and monitoring requirements.
(3) OVRS promotes the availability, relevance and quality of community rehabilitation services through a flexible yet thorough process of approval tailored to utilization needs identified locally and reflected in the State Plan.
(4) The inclusion of a provider of community rehabilitation services on the OVRS list of approved vendors does not commit OVRS to utilize the available services.
(5) OVRS does not provide any provider of community rehabilitation services with a guarantee of a total dollar commitment or number of total client referrals during any specific time frame except if determined as a condition of a cooperative agreement for implementing a federal grant or service contract.
(6) Providers of community rehabilitation services are expected to fully inform OVRS clients of the purpose and results of all service delivery efforts made on their behalf.
(7) Providers of community rehabilitation services performing job development or placement tasks should only refer OVRS clients to appropriate previously-agreed on employment opportunities.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 17, f. 8-28-74, ef. 9-25-74; VRD 24, f. & ef. 9-29-76; VRD 5-1978, f. 4-20-78, ef. 5-1-78; VRD 2-1980, f. & ef. 7-2-80; VRD 1-1992, f. & cert. ef. 1-30-92; VRD 3-1993, f. & cert. ef. 10-15-93; VRS 2-2003, f. & cert. ef. 12-31-03; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0010
Definitions
For the purposes of chapter 582, division 10 of the Oregon Administrative Rules, the following definitions apply:
(1) "Accreditation" is the term signifying that a community rehabilitation program meets standards of performance set by an organization or methodology listed in these rules.
(2) "Approval" is a term signifying that OVRS standards for vendor selection are met, and the vendor may be utilized by a local OVRS office to provide OVRS purchased services for individuals with disabilities.
(3) "Certification" refers to the acknowledgment by OVRS that the CRP has completed required application procedures and, if applicable, met specific accreditation standards.
(4) "Department of Administrative Services" (DAS) refers to the administrative unit of the State of Oregon that is responsible for setting certain standards that apply to all state vendors and whose standards may apply to OVRS vendors.
(5) "Interim Approval" refers to the authority of OVRS to approve a CRP and purchase its services within a limited time period while an application for CRP vendor "Approval" or "Certification" is being processed.
(6) "Rehabilitation Facility" refers to a CRP or unit of a larger organization that meets the definition for a CRP and that is operated for the primary purpose of providing vocational rehabilitation services to individuals with disabilities and that provides singularly or in combination, one or more of the services listed in OAR 582-001-0010(10).
(7) "State Standards for Vendor Approval" refers to a set of criteria, applied as appropriate to the type of program and used by OVRS to evaluate a provider's operation and to determine whether the provider may be listed as an approved vendor. State Standards are in addition to any federal requirements in the Rehabilitation Act or regulations and shall for CRPs, at a minimum and as appropriate, relate to physical plant, health and safety, production, insurance, physical accessibility, organization, fiscal management, personnel, program management, client issues, program evaluation, human rights (including the safeguarding of confidential information about clients), and community relations.
(8) "Statement of Assurances and Conditions" means a document executed and signed by a provider of community rehabilitation services attesting to an understanding of and intent to comply with applicable criteria in these rules and any attending policy for implementing these rules.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 17, f. 8-28-74, ef. 9-25-74; VRD 5-1978, f. 4-20-78, ef. 5-1-78; VRD 2-1980, f. & ef. 7-2-80; VRD 1-1992, f. & cert. ef. 1-30-92; VRD 3-1993, f. & cert. ef. 10-15-93; VRS 2-2003, f. & cert. ef. 12-31-03; VRS 5-2004, f. & cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0015
Recognized Accreditation Methodologies for Providers of Community Rehabilitation Services
When viewed in combination with applicable State Standards in these rules, OVRS recognizes the following accreditation options:
(1) Accreditation by the Commission on Accreditation of Rehabilitation Facilities (CARF).
(2) Accreditation by the Rehabilitation Services Accreditation System (RSAS).
(3) Certification by Department of Human Services, Seniors and People with Disabilities for employment services under OAR 309-047-0000 through 309-047-0140, or as Support Service Brokerages or Provider Organizations under 411-340-0010 through 411-340-0180 for adults with developmental disabilities.
(4) As appropriate, for an individual providing community rehabilitation services, certification by the Commission on Rehabilitation Counselor Certification (CRCC) or by the Workers' Compensation Division of the Oregon Department of Consumer and Business Services.
(5) Accreditation by the Northwest Association of Schools and Colleges (NASC) if clear evidence of relationship to OAR 582-010-0025 is provided.
(6) Registration or certification by the Child Care Division of the Oregon Department of Employment.
(7) Accreditation by other organizations approved by OVRS demonstrating an ability to evaluate based upon State Standards in OAR 582-010-0025.
(8) For providers of vocational rehabilitation services other than vocational, personal and/or work adjustment, skill training, work readiness retention, job development, or extended employment, accreditation may be by a recognized accrediting organization or methodology within the field of expertise of the provider.
(9) An out-of-state CRP may be accredited by an approved organization or by current placement on the approved CRP vendor list of that state’s vocational rehabilitation agency.
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 17, f. 8-28-74, ef. 9-25-74; VRD 24, f. & ef. 9-29-76; VRD 5-1978, f. 4-20-78, ef. 5-1-78; VRD 2-1980, f. & ef. 7-2-80; VRD 1-1992, f. & cert. ef. 1-30-92; VRD 3-1993, f. & cert. ef. 10-15-93; VRS 2-2003, f. & cert. ef. 12-31-03; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0020
Approval Policy for All Providers of Community Rehabilitation Services
(1) Approval Required: No person or public or private organization shall, on behalf of OVRS, provide vocational rehabilitation services and receive vocational rehabilitation fees without first submitting all required application materials and being placed on the Approved Vendor List of OVRS.
(2) At the discretion of OVRS, separate approvals may be required for separate sites and/or for different programs operated under the same management.
(3) Approvals under OAR 582-010-0020 are valid for a period of two years, with the exception of Interim Approvals, which are valid for the term or condition stated. Prior to the expiration of a two-year approval, a provider of community rehabilitation services must reapply for approval.
(4) OVRS may require full or partial reapplication when a CRP undergoes significant changes in its management or operation.
(5) Providers of community rehabilitation services that are individuals or sole proprietors without employees/contractors who provide direct services to OVRS clients must qualify under state law as independent contractors but do not have to provide verification of accreditation.
(6) A notice of approval or denial for "Approved” or “Interim Approval" status will be provided in writing to the CRP within 30 days of OVRS receipt of requirements stated in this rule.
(7) It is the responsibility of the provider of community rehabilitation services to assure that the requirements of OAR 582-010-0020 are fully met at all times.
(8) A provider of community rehabilitation services and any other vendor required under chapter 582 of the Oregon Administrative Rules to complete a Criminal History Check may be placed temporarily on the Approved Vendor List by the CRP Coordinator if the circumstances justify a temporary approval. The temporary approval may be terminated by OVRS at any time and shall expire automatically once DHS completes the criminal history check process.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 17, f. 8-28-74, ef. 9-25-74; VRD 5-1978, f. 4-20-78, ef. 5-1-78; VRD 2-1980, f. & ef. 7-2-80; VRD 1-1992, f. & cert. ef. 1-30-92; VRD 3-1993, f. & cert. ef. 10-15-93; VRS 2-2003, f. & cert. ef. 12-31-03; VRS 5-2004, f. & cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0021
Approval Policy for Category A Providers
(1) Category A providers of community rehabilitation services are those providers exclusively paid by OVRS to provide the following listed services:
(a) Medical, psychiatric, psychological, social, and vocational services that are provided under one management;
(b) Evaluation or control of specific disabilities;
(c) Physical and occupational therapy;
(d) Recreational therapy;
(e) Speech, language and hearing therapy;
(f) Psychiatric, psychological and social services, including positive behavior management;
(g) Psychosocial rehabilitation services
(h) Rehabilitation technology;
(i) Testing, fitting, or training in the use of prosthetic and orthotic devices;
(j) Personal assistance services;
(k) Child care: or
(l) Professionals or entities licensed by a state or federal agency (excluding OVRS), acting within the scope of their license, and providing any services covered by OAR 582-010-0022(1).
(2) In addition to compliance with any other applicable requirements in chapters 407 and 582 of the Oregon Administrative Rules, these providers are eligible for the approved vendor list if they maintain compliance with the relevant licensing or certifying body.
(3) Providers of child care who are not eligible to apply for registration with the Child Care Division of the Employment Department under OAR 414-205-0000 may be placed on the Approved Vendor List if they successfully complete a Criminal History Check from either DHS or the Child Care Division of the Employment Department.
(4) Providers of personal assistance services who are not qualified or certified providers for this service under Chapter 411 of the Oregon Administrative Rules may be placed on the Approved Vendor List if they successfully complete a DHS Criminal History Check.
(5) OVRS requires that providers of child care and providers of personal assistance services who are required by this rule to satisfy criminal history check requirements shall also comply with DHS criminal history check requirements with respect to each new employee or volunteer who will provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients prior to the start of care for an OVRS client. Prior to reapplication for the Approved Vendor List, these providers may be required by OVRS to repeat a criminal history check as a result of information received about vendor qualifications, behavior or performance.
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.530 & 344.550
Hist.: VRS 5-2004, f. & cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0022
Approval Policy for Category B Providers
(1) Except as provided at OAR 582-010-0022(2), Category B providers of community rehabilitation services are those providers paid by OVRS to provide the following listed services:
(a) Assessment for determining eligibility and vocational needs, including technicians for assessment tests;
(b) Job development, placement, and retention services;
(c) Orientation and mobility services;
(d) Extended employment;
(e) Supported employment services and extended services;
(f) Services to family members (except child care) when necessary to the vocational rehabilitation of the individual; and
(g) Services similar to the services described in OAR 582-010-0022(1)(a)–(g), including vendors who provide training, write resumes, consult on self-employment plans, assist with a self-employed business, or write PASS plans.
(2) Professionals licensed by a state or federal agency (excluding OVRS), acting within the scope of their license, and providing any services listed in OAR 582-010-0022(1) shall be regulated as Category A providers and not subject to OAR 582-010-0022. The CRP Coordinator may exempt an employer from the rules in division 582-010 for services provided to a specific client that are not services for which the employer would be reimbursed on a routine basis.
(3) Except as provided in OAR 582-010-0022(8), Category B providers are eligible for the approved vendor list if they meet all of the following criteria prior to providing any services to OVRS or its clients in addition to compliance with any other applicable requirements in chapters 407 and 582 of the Oregon Administrative Rules:
(a) Submit materials required as part of the OVRS application process;
(b) Submit proof of insurance at the level established under Department of Administrative Services guidelines;
(c) Submit a signed Statement of Assurances and Conditions;
(d) Successfully complete the criminal history check requirements.
(A) OVRS requires that Category B providers complete criminal history checks at the time of application for placement on the Approved Vendor List and re-application for placement on the Approved Vendor List; and to complete a DHS criminal history check if required by OVRS as a result of information received about vendor qualifications, behavior or performance.
(B) At the time of application or re-application for placement on the Approved Vendor List, OVRS also requires that Category B providers complete criminal history checks with respect to all employees and volunteers who provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients.
(C) OVRS further requires that Category B providers complete criminal history checks with respect to each new employee or volunteer who will provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients prior to the start of care for an OVRS client.
(4) Providers of Category B community rehabilitation services that are non-profit or for-profit organizations, or sole proprietorships with employees/contractors who provide direct services to OVRS clients must provide verification of accreditation or proof of a pending application for accreditation.
(5) A Statement of Assurances and Conditions must be provided and signed by the designated representative of the provider, and reviewed mutually by OVRS and the provider for compliance and continued applicability, and must include:
(a) A description of the scope and nature of service(s), conditions, criteria and procedure under which each service is provided, and rates of payment for each approved service or group of services;
(b) A statement that prior authorization must be secured in writing from the referring counselor or other appropriate representative of OVRS before client services are provided at a cost to the local OVRS office;
(c) Assurances of compliance with State Standards and federal requirements as appropriate for the specific provider;
(d) Assurances that the provider will compile and submit, as required by OVRS, pertinent process and outcome data concerning the service(s) or groups of services provided; and
(e) Assurances that pertinent program and fiscal records shall be accessible for necessary review and/or audit by or for OVRS.
(6) Interim Approval may be granted to a CRP that has filed the necessary forms to obtain accreditation and is waiting for final "Approval.” If "Approval" has been delayed due to reasons of the accreditation body, an extended period of "Interim Approval" may be granted upon receipt of verification from the accreditation body that the delay is not the result of the CRPs failure to address deficiencies in a timely manner.
(7) If OVRS funds are available, grants may be awarded to CRPs who qualify under OAR 582-010-0022(4), unless prohibited by another rule, to assist with meeting CRP "Approval" requirements or to expand resources and services that will be made available to OVRS clients. Application for a grant must be made in writing and contain at a minimum:
(a) A description of the deficiency which prevents the CRP from gaining "Approval" status and how the funds will be used to address the deficiency, or a description of the desired resource or service expansion that the funds will provide along with a demonstration of need by OVRS for such resources or services;
(b) A detailed budget for the use of the grant funds; and
(c) Assurance that the CRP is prepared to assume all costs associated with maintaining a non-deficient status, and ongoing costs to maintain the new resources or services.
(8) Vendors that only provide training, write resumes, consult on self-employment plans, assist with a self-employed business, or write PASS Plans and who have no in-person contact with any OVRS clients are exempt from the criminal records check and insurance requirements of this rule.
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.530 & 344.550
Hist.: VRS 5-2004, f. & cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0025
State Standards for Vendor Approval for Providers of Community Rehabilitation Services
In addition to the vendor approval requirements of OAR 582-080, OVRS adopts the following State Standards as required assurances that services to individuals with disabilities are provided in a safe environment and in compliance with applicable state, federal and local laws, rules or regulations. Approval methods will evaluate each applicant's ability to assure compliance with each of the following standards that, for the purposes of these rules, apply to the type of provider being evaluated:
(1) Physical Plant Standards. Provides services in an environment that meets accessibility requirements, is free of known health or safety hazards and in a site(s) which serves to support the accomplishment of its defined purpose(s).
(2) Health and Safety Standards. Meets all applicable governmental requirements, including OSHA standards for the Department of Labor; secures regular inspections and consultations (if applicable) from persons with expertise; and, has an organized internal health and safety program (if applicable).
(3) Production Standards. When work opportunities are directly provided to individuals with disabilities: Establishes production and payment practices which maximize earning potential; assures fair and equitable wages; meets minimum expectations for working hours and conditions; and maintains all applicable certification and documentation for the Wage and Hour Division, U.S. Department of Labor.
(4) Insurance Standard. Maintain required workers' compensation insurance and applicable levels of vehicle, general and (if required) professional liability insurance protection, adequate to compensate staff and workers with disabilities for injuries and damages for which the organization may be liable.
(5) Physical Accessibility Standard. Complies with Section 504 of the Rehabilitation Act, the Architectural Barriers Act of 1968, the Uniform Accessibility Standards and their implementing standards in 41 CFR Part 101-19.6, the American National Standards Institute No. A117-1-1986, and applicable sections of the Americans with Disabilities Act (ADA).
(6) Organizational Standard. The CRP is structured to achieve its stated mission, secure all licenses or permits to do business within its jurisdiction(s) and scope of operation, plan and monitor the efficiency and effectiveness of services, and maintain records and reports that reflect the operation and provision of services and the organization's status.
(7) Fiscal Management Standard. Fiscal affairs relative to provision of rehabilitation services are managed in a manner consistent with its stated purposes and in accordance with a standard of sound business practices and legal requirements, including assurances that any state or federal audit and reporting requirements are met.
(8) Personnel Standard. As applicable, maintains competent qualified staff and written agency personnel policies which support the provision of services essential to the achievement of defined individual and program goals. The provider, when providing client transportation, ensures use of qualified, licensed vehicle operators and appropriate, safe vehicles. Criminal background check has been conducted on required staff/employees and has such on record according to DHS, state, federal and local laws, rules or regulations. When providing medical and related health services, ensures such services are prescribed by or under the formal supervision of persons licensed by the state to prescribe or supervise the provision of these services. Maintains pertinent professional and business licensure or certification as appropriate to the type of program or service(s) provided to clients.
(9) Program Management Standard. Ensures that services provided are individually tailored and coordinated in order to enhance each client's employment independence, integration, and/or productivity as identified within each Individualized Plan for Employment and through client participation in service planning, implementation and evaluation, using language or mode of communication most compatible with the individual client's abilities and culture.
(10) Program Evaluation Standard. Utilizes an approved method to enable it to identify the results of services to individuals with disabilities against established goals. Provides timely reports to OVRS of such information, and by such means, as OVRS may require for evaluation of ongoing program effectiveness, costs, and appropriateness of services provided by the provider.
(11) Human Rights Standard. Ensures, in its policies and practices, compliance with all laws and regulations dealing with non-discrimination, human and civil rights (including ADA), personal dignity and choice, and confidentiality.
(12) Community Relations Standard. The provider bases its program on documented evidence of the needs of prospective and current clients and maintains effective communications to assure that the programs and services are responsive and appropriately utilized.
(13) Code of Conduct Standard. Fully informs OVRS clients of the purpose and results of all service delivery efforts made on their behalf. The provider is respectful, inclusive, and accommodating of OVRS clients regardless of disability.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 17, f. 8-28-74, ef. 9-25-74; VRD 24, f. & ef. 9-29-76; VRD 26, f. & ef. 7-1-77; VRD 5-1978, f. 4-20-78, ef. 5-1-78; VRD 2-1980, f. & ef. 7-2-80; VRD 1-1992, f. & cert. ef. 1-30-92; VRD 3-1993, f. & cert. ef. 10-15-93; VRS 2-2003, f. & cert. ef. 12-31-03; VRS 5-2004, f. & cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
582-010-0030
Termination or Denial of Approval or Interim Approval
(1) The decision to deny or terminate "Approval” or “Interim Approval" shall be made in writing by OVRS. This notice shall contain the reason, the effective date, any requirements for reinstatement if applicable, and the appeals process.
(2) OVRS will provide compensation for verifiable, authorized services provided by the provider of community rehabilitation services prior to the effective date of termination.
(3) No OVRS funds will be provided for services or grant activities after the effective date as stated in the OVRS notice.
(4) OVRS may provide a 30-day notice of termination or denial where any of the following reasons apply:
(a) Mutual agreement;
(b) Failure to provide or complete the required application;
(c) Termination of accreditation by the certifying body; or
(d) Failure to meet a service commitment.
(5) OVRS may terminate or suspend an approval without 30-days notice for any of the following reasons:
(a) Engagement in or toleration of sexual harassment of any kind toward a client, i.e., deliberate or repeated comments, gestures or physical contact of sexual nature;
(b) Violation of any applicable federal, state or civil rights law;
(c) Commitment of fraud, misrepresentation, or serious error of authorization on billing statement;
(d) Acting alone or engaging in collusion to withhold information, or submit false or misleading documentation in order to generate payment;
(e) Acting alone or engaging in collusion to violate any OVRS Administrative Rule (chapter 582);
(f) Instructing any individual to engage in behavior contrary to the requirements of OVRS Administrative Rules (chapter 582); or
(g) Engagement in any behavior or comments likely to cause public embarrassment to OVRS clients.
(6) An informal appeal of a decision to deny or terminate approval may be made to the OVRS Administrator within 30 days of the date of the written decision.
Stat. Auth. ORS 344.530
Stats. Implemented: ORS 344.530 & 344.550
Hist.: VRS 2-2003, f. & cert. ef. 12-31-03; VRS 5-2004, f. & cert. ef. 8-5-04; Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
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