OAR 409-036-0090: Transfer of Provider Service Obligation to Another Site

(1) This rule applies to eligible providers under contract with the Authority for incentives under these rules. (2) In the event of a practice site closure, consolidation of practice sites or entities (merger or acquisition), or other extenuating circumstance, an eligible provider may transfer the service obligation to another Qualified Practice Site that meets the requirements of OAR 409-036-0015 upon prior approval from the Authority. A transfer without prior approval is considered a violation of the contract. An eligible provider requesting transfer to another Qualified Practice Site must submit a written transfer request to the Office 30 days prior to the change occurring, for submission and approval by the Authority, documenting the: (a) Circumstances surrounding the need to transfer; (b) Proposed new Qualified Practice Site; and (c) Name of the director or administrator at the proposed new Qualified Practice Site. (3) The eligible provider must also submit all of the following: (a) A letter from the original Qualified Practice Site releasing the eligible provider from any employment contract (if applicable) and providing an explanation for the termination of employment. The Authority may waive this requirement if the original Qualified Practice Site is not in compliance with federal or state law or these rules; (b) An employment contract with the new Qualified Practice Site, a letter of intent from the new Qualified Practice Site to employ the provider, or documentation of the provider having established a sole proprietorship, Limited Liability Corporation, Limited Liability Partnership, or Professional Corporation; (c) A letter of support attesting that the place of employment meets the requirements for a Qualified Practice Site as described in OAR 409-036-0015; (d) Confirmation that the site will cooperate with the eligible provider to comply with the monitoring and follow-up requirements set forth in these rules; and (e) Any other information as requested by the Authority. (4) An eligible provider’s failure to obtain prior approval from the Authority prior to transferring their service obligation to another site, or failure to notify the authority upon termination of employment at practice site within 30 days of the occurrence, may be deemed in breach of their contract with the Authority.