(1) The Oregon Health Authority may impose a civil penalty and may deny, suspend or revoke the license of any in-home care agency licensed under ORS § 443.315 for failure to comply with ORS § 443.305 to 443.350 or with rules adopted thereunder. A failure to comply with ORS § 443.305 to 443.350 includes, but is not limited to:

(a) Failure to provide a written disclosure statement to the client or the client’s representative prior to in-home care services being rendered;

(b) Failure to provide the contracted in-home care services;

(c) Failure to correct deficiencies identified during an inspection by the authority; or

(d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of:

(A) Employment or wage laws in this state, as prescribed by the authority by rule:

(i) By an in-home care agency licensee as an employer of staff in an in-home care agency; or

(ii) By an applicant for an in-home care agency license in any business owned or operated by the applicant; or

(B) Caregiver training requirements, as established by the authority by rule, in any in-home care agency owned or operated by an in-home care agency licensee.

(2) The authority may deny, suspend or revoke the license of any in-home care agency licensed under ORS § 443.315 for failure to comply with ORS § 443.004. [1999 c.1034 § 3; 2007 c.897 § 2; 2009 c.595 § 776b; 2009 c.792 § 26; 2009 c.828 § 87; 2019 c.680 § 5]

See note under 443.305.