407-050-0005 Definitions (1) "Authorized Representative" for purposes of these rules means one of the following, as determined in accordance with these rules: (a) Closest Available Relative; (b) Friend or Advocate; (c) Department Case Manager/Eligibility Specialist or Department Social Worker or designee named by the Department office responsible for enrollment; (d) Owner, operator, or employee of a Department licensed or certified residential service, nursing home, foster home, or a Brokerage funded by the Department to provide Developmental Disability Support Services. (2) “Capable” means that a person has the ability to receive and evaluate information effectively or communicate decisions to such an extent that the person currently has the ability to make Medicare Part D Decisions. (3) "Closest Available Relative" means a Capable person who is related by blood, marriage, or adoption or a Domestic Partner and is aware of the Part D-eligible Individual's medical and pharmaceutical needs. This person has a history of acting to the benefit of the Part D-eligible Individual’s health and safety and is available to make the needed decisions. It does not refer to physical proximity. (4) “Domestic Partner” means a person who attests to meet all the following criteria: (a) Is responsible for the Part-D eligible Individual’s welfare; (b) Is the Part-D eligible Individual’s sole domestic partner; (c) Has jointly shared the same regular and permanent residence with the Part-D eligible Individual for at least six months; and, (d) Is jointly financially responsible for basic living expenses defined as the cost of food, shelter, and any other expenses of maintaining a household. (5) "Department" means Oregon Department of Human Services. (6) "Department Case Manager/Eligibility Specialist" means an employee of the Department, the Department's designee, Community Developmental Disability Program, Community Mental Health Program or the local Area Agency on Aging that provides case management services or determines eligibility for Department services for the Part D-eligible Individual. (7) "Enroll and Enrollment" means the act of enrolling a Part D-eligible Individual into a Medicare Part D Prescription Drug Plan (PDP) or Medicare Advantage Plan (MA or MA-PD) or changing plans. (8) "Friend or Advocate" means a Capable person known to the Part D-eligible Individual, who has had an ongoing, consistent personal relationship with the Part D-eligible Individual, is aware of the medical and pharmaceutical needs and who is interested in the welfare of the individual and will advocate appropriately on behalf of the individual. (9) "Incapable" means that the Part D-eligible Individual's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the ability to make Medicare Part D Decisions. (10) "Individual Designee" means a Capable person appointed verbally, in writing or by any means of communication by the Part D-eligible Individual for the purpose of making enrollment or post-enrollment decisions on behalf of the Part D-eligible Individual. (11) "Medicare Part D Decision" means a decision to enroll or disenroll in a Medicare Part C or D plan, or any post-enrollment decision, as those terms are used in these rules. (12) "Medicare Part D Plan, Medicare Prescription Drug Plan, Medicare Part C Plan, Medicare Advantage Plan" all mean a program under contract with the federal Centers for Medicare and Medicaid Services (CMS) to provide prescription drug insurance to people enrolled in the Medicare program. (13) "Part D-eligible Individual" means an individual who is eligible to receive Medicare Part C or D drug benefits and who also receives benefits or services, which are provided by, operated by, authorized or funded by the Department. (14) "Personal Representative" means: (a) A person appointed as a guardian under ORS 125.305, 419B.370, 419C.481, or 419C.555 with authority to make medical, health care or fiscal decisions. (b) A person appointed as a Health Care Representative under ORS 127.505 to 127.660 or a representative under 127.700 to 127.737 to make health care decisions or mental health treatment decisions. (c) Attorney-in-fact authorized to make Medicare decisions. (d) Any other entity authorized in state or federal law or by order of a court of competent jurisdiction. (15) "Post-enrollment Actions/Decision" means determining whether and how to do any of the following within the Part C or D program: (a) File a grievance; (b) Submit a complaint to the quality improvement organization; (c) Request and obtain a coverage determination, including exception requests and requests for expedited procedures; (d) File and request an appeal and direct any part of the appeals process; and, (e) Disenroll from a Medicare Part C or D Plan. Statutory/Other Authority: ORS 409.050, 410.070, 410.090, 411.116, 426.500 & 430.640 Statutes/Other Implemented: ORS 409.010, 410.250, 410.280, 410.020, 411.060, 426.490 & 430.630 History: DHSD 4-2006, f. & cert. ef. 5-26-06 DHSD 1-2005(Temp), f. & cert. ef. 11-28-05 thru 5-26-06