Frequently Asked Questions
This FAQ explains your rights when working with long-term care referral agents in Oregon. It also explains what referral agents must do to follow state law.
For consumers
What is a referral agent?
- A referral agent is a person or business that helps you find a licensed long-term care facility or setting.
- Agents are paid by the facility, not by you.
Because they handle private information and can affect your choices, Oregon law requires them to register with the Oregon Department of Human Services (ODHS).
What is a long-term care referral?
A referral happens when an agent directs you to a licensed care setting and the facility pays the agent for that referral.
What kinds of facilities are included?
Referral agents may work with:
- Nursing facilities
- Assisted living and residential care facilities
- Memory care facilities
- Adult foster homes
- Continuing care retirement communities
- Medicaid-contracted facilities
Are independent living settings part of the Long-Term Care Referral Program?
No. Senior independent living settings in Oregon are not licensed, which means referrals to these types of settings are not covered by the Long-Term Care Referral Program. Because they're unlicensed, the rules and protections that apply to licensed long-term care referrals, including agent registration requirements, do not apply.
Some referral agencies may still suggest senior independent living options and may receive payment from those settings for doing so. If you're unsure whether a referral is covered by the program, ask the agent if the setting is licensed and whether the referral falls under the Long-Term Care Referral Program.
What must a referral agent disclose?
Before giving you a referral, agents must provide a written disclosure form that includes:
- A description of their services
- Their contact information (mailing address, phone number, email, and website)
- Their privacy policy (explaining how your personal information is used and protected)
- Whether they only refer to facilities they have contracts with
- A copy of their certificate of registration
How do I know if a referral agent is registered?
You can check the list of registered agents at: ltcr.oregon.gov/agents
How is my personal information protected?
Referral agents are required to follow specific rules to help protect your personal information. While ODHS sets standards for how agents must handle client data, it cannot guarantee that your information will always be secure. Referral agents must:
- Complete a background check before working with clients and repeat it every two years.
- Obtain your written permission before sharing or selling your information.
- Provide you with a privacy policy written in plain language that explains how your information will be used and protected.
Can I change referral agents?
Yes. You can change agents at any time. To do so, send a written notice (email or letter) to your current agent. Once the facility has paid your current agent for the first referral, you can choose a different agent for future referrals.
How do I stop an agent from contacting me?
You can ask an agent to stop by sending them a written request. Once they receive your request, they must stop contacting you. If they were the first to refer you to a facility, they may still get paid if that facility accepts you, even if you later work with another agent.
What referral agents cannot do
Agents are not allowed to:
- Refer you to a facility unless they are registered with ODHS
- Share or sell your information without your written consent each time
- Refer you to a facility they or their family own or have a financial interest in
- Keep contacting you after you ask them, in writing, to stop
How do I file a complaint about a referral agent?
You can file a complaint using the Long-Term Care Referral Agent Complaint Form. To request a copy:
- ltcr.info@odhs.oregon.gov
- Phone
- (503) 373-2227
-
Oregon Department of Human Services
Safety, Oversight, and Quality
Long-Term Care Referral Program
PO Box 14530
Salem, OR 97309-0435
Where can I find more resources?
More resources can be found on the consumer resources page.
Back to topFor referral agents
Who must register as a referral agent?
All individuals or businesses that provide long-term care referrals must register before offering services (ORS 443.373).
Do employees of a referral agent need to register?
No. However, employees must pass a background check if they work directly with clients or handle client information.
What if I use contractors for referrals?
Both the referral agency and the independent contractor must register separately.
How do I register as a referral agent?
You must submit an online application that includes:
- A copy of your disclosure form
- Your privacy policy
- Contact information for the agency's managing principal
- Proof of commercial liability insurance ($1,000,000 per occurrence)
- A completed background check
- A $750 registration fee (paid by ACH debit)
How long does registration last?
Registration is valid for two years and must be renewed every two years.
How long does it take to get registered?
ODHS staff usually review your application within 10 business days. If corrections or more information are needed, this may take up to 30 days. On average, registration takes about 60 days depending on how quickly you provide all required materials.
Can I keep working while waiting for registration?
No. You must stop providing referral services until you are officially registered.
Do referral agents who are paid directly by clients need to register?
No. Registration is only required if the referral agent is paid by the facility.
Back to topBackground check requirements
What is a Qualified Entity Designee (QED), and why is it required?
A QED is an individual authorized to submit background checks through the Background Check Unit (BCU) on behalf of a long-term care referral agency. The agency is considered a Qualified Entity (QE) under ODHS guidelines. Becoming a QED is a required step for new agency applicants.
Who can serve as a QED?
- Preferred: The managing principal
- Eligible: Any agency employee approved by the Background Check Unit (BCU), even if they work in a different role.
If an agent becomes an independent contractor for an agency, the agency's approved QED may run background checks on that contractor.
How do I start the QED process?
New agency applicants must first be referred to the Background Check Unit (BCU) by the SOQ team. To request a referral, email ltcr.info@odhs.oregon.gov . SOQ staff will include the new QED applicant on the introduction email referral to the Background Check Unit (BCU).
What happens after SOQ refers me to the Background Check Unit (BCU)?
Once referred, the Background Check Unit (BCU) will guide you through the background check process. This may include submitting forms, completing training and meeting other Background Check Unit (BCU) requirements.
What does a QED need to do before running background checks?
The QED must be approved by the Background Check Unit (BCU). Once approved, the QED submits background checks for employees or independent contractors working under the agency's Qualified Entity (QE) status. The QED monitors the application process, encourages the employee or contractor to complete background check requirements in a timely manner and acts on the background check outcome.
Who should I contact if I have questions about the QED process?
After referral, questions about the QED process should be directed to the Background Check Unit (BCU). They are the best source for information and support during this part of the application.
What documentation does SOQ require once I've completed the QED process?
You must provide a background check approval letter to SOQ as part of your application documentation.
Who needs a background check?
- Referral agents
- Employees of referral agents who work directly with clients or their placement information
How do I get a background check completed?
You may use one of the following:
- The Background Check Unit (BCU)
- A private vendor approved by ODHS and accredited by the Professional Background Screening Association (PBSA) is an alternative option. See OAR 411-058-0080 for additional information.
What does the background check include?
- Oregon criminal records check
- Check of child abuse and adult abuse records held by ODHS (this is not available through a private vendor)
- In some cases (e.g. recent out-of-state residency), a national fingerprint-based criminal records check
What if something concerning shows up?
There are no automatic disqualifiers with the Background Check Unit (BCU) review process. The Background Check Unit (BCU) assesses each case individually and weighs risk factors before making a decision.
How long does it take and what does it cost?
- Processing time: Background checks may take several weeks depending on complexity
- Cost: Background Check Unit (BCU) checks are free, fingerprint capture fees may apply if required
For more details, see the Background Check Unit (BCU) FAQs on the ODHS website.
Back to topBackground and laws
In 2017, the Oregon Legislature passed House Bill 2661 to protect older adults, adults with disabilities, and their families when choosing a long-term care facility. This law created rules for referral agents, found in:
These laws require referral agents to register, disclose their practices, and follow strict rules to protect consumers.