justicedao/ipfs_state_laws huggingface dataset:
411-304-0160 Safeguarding Interventions (1) A behavior professional may only include a safeguarding intervention in a PBSP when all of the following conditions are met: (a) The safeguarding intervention is directed for use only: (A) As an emergency crisis strategy. (B) For as long as the situation presents imminent danger to the health or safety of the individual or others. (C) As a measure of last resort. (b) The behavior professional has weighed the potential risk of harm to an individual from the safeguarding intervention against the potential risk of harm from the behavior. (c) The safeguarding intervention is in accordance with an ODDS-approved behavior intervention curriculum or the behavior professional has secured written authorization from the curriculum’s oversight body to modify the safeguarding intervention. A copy of the authorization to modify a safeguarding intervention must be attached to the PBSP. (d) The behavior professional acknowledges that prior to the implementation of any safeguarding intervention, an individual must have an individually-based limitation for restraint according to OAR 411-415-0070. (2) The following safeguarding interventions are prohibited: (a) A safeguarding intervention with any of the following characteristics: (A) Abusive. (B) Aversive. (C) Coercive. (D) Demeaning. (E) Disciplinary. (F) For convenience. (G) Punishment. (H) Retaliatory. (b) Chemical restraint. (c) Mechanical restraint. (d) Prone restraint. (e) Supine restraint (f) Lateral floor restraint. (3) When a PBSP includes a safeguarding intervention, the PBSP must include a summary of all of the following: (a) The nature and severity of imminent danger requiring a safeguarding intervention. (b) A history of unsafe or challenging behaviors exhibited by the individual. (c) A description of the training and characteristics required for the designated person applying the safeguarding intervention. (d) Less intrusive measures determined to be ineffective or inappropriate for the individual. (4) A behavior professional and designated person applying safeguarding interventions must be trained on the use of safeguarding interventions by a person who is certified to train in an ODDS-approved behavior intervention curriculum. (5) A behavior professional must only use safeguarding interventions the behavior professional is certified to use. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662 History: APD 32-2022, amend filed 06/26/2022, effective 07/01/2022 APD 28-2017, adopt filed 11/30/2017, effective 12/01/2017
411-304-0180 Provider Types and Agency Endorsement (1) Delivery of professional behavior services is limited to the following provider types: (a) An independent provider meeting the standards in OAR chapter 411, division 375 and the qualifications in OAR 411-304-0170. (b) An agency certified according to OAR chapter 411, division 323 and endorsed to these rules, when the employee of the agency delivering the service meets the qualifications in OAR 411-304-0170. (2) AGENCY ENDORSEMENT. (a) To be endorsed for professional behavior services, an agency must have the following: (A) Certification and endorsement for professional behavior services according to OAR chapter 411, division 323. (B) A Medicaid Agency Identification Number assigned by the Department according to OAR chapter 411, division 370. (b) An agency must allow and comply with inspections and investigations according to OAR 411-323-0040. (c) An agency must comply with the management and personnel practices described in OAR 411-323-0050 and these rules. (3) An individual may select any qualified, available provider of professional behavior services, regardless of the setting in which the individual resides. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662 History: APD 32-2022, amend filed 06/26/2022, effective 07/01/2022 APD 28-2017, adopt filed 11/30/2017, effective 12/01/2017
411-304-0190 Documentation and Records for Professional Behavior Services (1) A behavior professional must maintain documentation of all delivered professional behavior services and furnish the documentation to the Department, Oregon Health Authority, or case management entity, upon request. A behavior professional must document all of the following: (a) Date of service. (b) Who provided the service. (c) Location of where and method of how the service was provided. (d) Length of time required for the service, including start and end times. (e) Description of the service delivered. (f) People present when the service was delivered. (2) The documents generated by a behavior professional during the delivery of professional behavior services belong to the individual. (3) Unless stated otherwise, all documentation required by these rules must be: (a) Prepared at the time of, or immediately following, the event being recorded. (b) Accurate and contain no willful falsifications. (c) Legible, dated, and signed by the behavior professional. (4) A behavior professional must maintain a release of information according to OAR chapter 407 division 014, for each individual receiving professional behavior services from the behavior professional. (5) A behavior professional must maintain their records for professional behavior services until the behavior professional no longer provides services to the individual, at which time, the behavior professional must provide a copy of any part of the record that was not previously provided to the case management entity. The behavior professional must retain an individual's service record for a period of seven years. Financial records, supporting documents, statistical records, and all other records, other than an individual's service record, must be retained for at least three years after services have ended. (6) Access to records by the Department and Oregon Health Authority including, but not limited to, medical, nursing, behavior, psychiatric, or financial records, does not require authorization or release by the individual or the individual's legal representative. (7) A behavior professional must furnish requested documentation immediately upon the written or electronic request from the Department, Oregon Health Authority, Oregon Department of Justice Medicaid Fraud Unit, Centers for Medicare and Medicaid Services, or their authorized representatives, or within the timeframe specified in the written request. Failure to comply with the request may be considered by the Department as reason to deny or recover payment. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662 History: APD 32-2022, amend filed 06/26/2022, effective 07/01/2022 APD 16-2019, amend filed 04/23/2019, effective 05/01/2019 APD 28-2017, adopt filed 11/30/2017, effective 12/01/2017
411-304-0200 Claim Reimbursement Requirements for Independent and Agency Providers of Professional Behavior Services (1) Claim reimbursement is required for all professional behavior services delivered to an individual. (2) A behavior professional must maintain true and accurate information for claims, including the written documents and an invoice attesting the hours were delivered as billed. All invoices must be made available upon request by the case management entity, the Department, or their designees. An invoice for professional behavior services already delivered is required to be submitted to the Department accompanying any request for an exception to the Expenditure Guidelines. (3) Payment for periodic or ongoing maintenance of the PBSP must: (a) Meet the delivery of service requirements contained in these rules; (b) Be prior authorized by the case management entity; (c) Have the need for maintenance identified in an individual's ISP, or Annual Plan for family support services, and the ongoing maintenance is identified as a chosen service; and (d) Only be paid when a progress note for the maintenance has been submitted by the behavior professional to the case management entity. The progress note must identify progress toward, or reason for regress from, the desired outcomes as identified in an individual's ISP, Annual Plan for family support services, or Service Agreement, as applicable. The progress note must include all of the following for each service delivered: (A) Date of service. (B) Who provided the service. (C) Location of where the service was provided. (D) Length of time required for the service, including start and end times. (E) Description of the service delivered. (F) People present when the service was delivered. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662 History: APD 32-2022, amend filed 06/26/2022, effective 07/01/2022 APD 5-2018, minor correction filed 02/21/2018, effective 02/21/2018 APD 28-2017, adopt filed 11/30/2017, effective 12/01/2017
411-304-0210 Individual Rights, Complaints, Notification of Planned Action, and Hearings (1) Behavior professionals must have and implement written policies and procedures protecting the individual rights described in OAR 411-318-0010 and encourage and assist individuals to understand and exercise their rights related to the delivery of professional behavior services. (2) Behavior professionals must have and implement written policies and procedures for individual complaints according to OAR 411-318-0015. (a) Individual complaints by, or on behalf of, an individual must be addressed according to OAR 411-318-0015. (b) The behavior professional's policy and procedures for individual complaints must be explained and provided to an individual and their legal or designated representative at the start of professional behavior services. (3) In the event professional behavior services are denied, reduced, suspended, or terminated or voluntarily reduced, suspended, or terminated, a written advance Notification of Planned Action (form 0947) must be provided as described in OAR 411-318-0020. (a) An individual may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction, suspension, or termination. (b) Hearings are addressed according to ORS chapter 183 and OAR 411-318-0025. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662 History: APD 32-2022, amend filed 06/26/2022, effective 07/01/2022 APD 28-2017, adopt filed 11/30/2017, effective 12/01/2017
411-305-0200 Statement of Purpose (1) The rules in OAR chapter 411, division 305 prescribe standards, responsibilities, and procedures for Community Developmental Disabilities Programs to partner with families and other community-based networks in the coordination of supports and services to: (a) Maximize independence and increase the ability of a child to engage in a life that is fully integrated into the community; (b) Increase the ability of a family to care for their child in the family home; and (c) Strengthen the role of the family as the primary caregiver. (2) Family support services include the supports and services described in OAR 411-305-0235. (3) Family support services are individualized and built on family support and child and family-centered planning. Statutory/Other Authority: ORS 409.050, 417.342 & 430.662 Statutes/Other Implemented: ORS 417.342, 427.005, 427.007, 427.104, 430.610, 430.620 & 430.662-430.670 History: Renumbered from 411-305-0010, APD 43-2016, f. 12-16-16, cert. ef. 1-1-17 SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10 SPD 4-2009, f. & cert. ef. 6-1-09 Renumbered from 309-041-2000, SPD 20-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 5-2003, f. & cert. ef. 7-1-03
411-305-0210 Program Administration and Operation (1) FAMILY LEADERSHIP. The CDDP may appoint a Family Support Policy Oversight Group to advise and assist the CDDP in matters related to family support services such as evaluating the effectiveness of family support services, evaluating family satisfaction with family support services, improving availability of resources to meet the support needs, and developing the plan for managing family support funds required by OAR 411-305-0230. When the CDDP elects to appoint a Family Support Oversight Group, the CDDP must develop and have available for review brief written descriptions of the purpose and scope of the Group, how membership is determined, and what process is used to resolve concerns or disagreements between the CDDP and the Group. (2) PROGRAM MANAGEMENT. The CDDP must ensure the provision of family support services are in accordance with the program management and responsibilities described in OAR 411-320-0030 and 411-320-0040. (3) SERVICE RECORDS. In addition to the service record requirements described in OAR 411-320-0070, the CDDP must maintain the following documentation specific to family support services: (a) The date a child is enrolled in the family support program for case management only. (b) The date when a child is referred to other programs and services, if family support funds are not available. (4) COMMUNITY DEVELOPMENT. The CDDP may coordinate with other agencies and community partners to develop and manage expansion of resources required to meet the support needs of children and families. Assurance of agency coordination is in accordance with OAR 411-320-0040. (5) QUALITY ASSURANCE. The CDDP must participate in statewide quality assurance, service evaluation, and program regulation activities as directed by the Department in OAR 411-320-0045. (6) VARIANCES. The Department may grant a variance as described in OAR 411-320-0200. Statutory/Other Authority: ORS 409.050, 417.346, 427.104 & 430.662 Statutes/Other Implemented: ORS 417.340-417.344, 417.346-417.350, 427.005, 427.007, 427.104, 430.610, 430.620 & 430.662-430.670 History: Renumbered from 411-305-0023, APD 43-2016, f. 12-16-16, cert. ef. 1-1-17 SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10 Renumbered from 411-305-0150, SPD 4-2009, f. & cert. ef. 6-1-09 Renumbered from 309-041-2150, SPD 20-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 6-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03 MHD 5-2003, f. & cert. ef. 7-1-03
411-305-0225 Needs Assessment and Service Planning (1) The CDDP must provide or arrange for an annual child and family-centered planning process within 90 days of enrollment and annually thereafter as long as the child is enrolled in family support services. The initial annual meeting must be face-to-face. Follow-up contacts to complete the Annual Plan may be made by telephone or by other interactive methods if the child or their parent or legal representative agrees. (2) NEEDS ASSESSMENT. The CDDP must determine and document the support needs of a child and family using a Department approved form which may include the functional needs assessment, in addition to other person-centered planning tools. (3) ANNUAL PLAN. The CDDP, the child (as age appropriate), and the family must develop a written Annual Plan as a result of the annual planning process. The Annual Plan must be conducted on a Department approved form, which may include using an ISP in place of an Annual Plan. (a) When using the ISP, accompanying documents used to develop the ISP and any supporting documents (as applicable) must also be used. (b) The Annual Plan and records supporting development of the Annual Plan must include evidence of the following: (A) Family members, the child (as age appropriate), and others of the family or legal representative's choosing have participated in the planning process. (B) Family support funds are used only to purchase supports or services tied to identified outcomes and necessary for the child to be supported in the family home. (C) A services coordinator has assessed the availability of other public, private, formal, and informal resources for providing supports and services to the child and family before using family support funds. (D) The services coordinator is working with the family to develop new resources whenever possible. (E) Identification of risks, including risk of serious neglect, intimidation, and exploitation. (F) Informed decisions by the parent or legal representative regarding the nature of supports and services or other steps taken to address any identified risks. (G) Education and support for the child and the family to recognize and report abuse. (c) The CDDP may not commit family support funds through the Annual Plan beyond the period for which family support funds have been allocated to the CDDP. (4) SERVICE MONITORING. The services coordinator must conduct and document reviews of the Annual Plan and available resources with the parent or legal representative in accordance with OAR 411-415-0090. Statutory/Other Authority: ORS 409.050, 417.346, 427.104 & 430.662 Statutes/Other Implemented: ORS 417.340-417.344, 417.346-417.350, 427.005, 427.007, 427.104, 430.610, 430.620 & 430.662-430.670 History: Renumbered from 411-305-0080, APD 43-2016, f. 12-16-16, cert. ef. 1-1-17 SPD 12-2009, f. 9-28-09 cert. ef. 10-1-09 SPD 10-2009(Temp), f. & cert. ef. 7-28-09 thru 1-23-10 SPD 4-2009, f. & cert. ef. 6-1-09 Renumbered from 309-041-2070, SPD 20-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 6-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03 MHD 5-2003, f. & cert. ef. 7-1-03
411-305-0240 Standards for Providers (1) Independent providers, provider agencies, and general business providers paid with family support funds must be qualified as provider types as described in OAR 411-450-0070, excluding adult foster home providers. (2) Provider agencies paid with family support funds must meet the standards described in OAR 411-450-0080. (3) Provider agencies for respite and community inclusion may also be licensed under ORS 446.330. Statutory/Other Authority: ORS 409.050, 417.346, 427.104 & 430.662 Statutes/Other Implemented: ORS 417.340-417.344, 417.346-417.350, 427.005, 427.007, 427.104, 430.610, 430.620 & 430.662-430.670 History: Renumbered from 411-305-0140, APD 43-2016, f. 12-16-16, cert. ef. 1-1-17 SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10 SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10 SPD 4-2009, f. & cert. ef. 6-1-09 Renumbered from 309-041-2140, SPD 20-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 5-2003, f. & cert. ef. 7-1-03
411-310-0010 Statement of Purpose The purpose of these rules is to: (1) Prescribe the operational procedures for the Developmental Disabilities Community Housing Program and the Community Housing Fund; and (2) Implement and describe the acquisition, construction, rehabilitation, maintenance, and disposal of Community Housing established under the authority of ORS 427.330 to 427.345. Statutory/Other Authority: ORS 409.050 & 410.070 Statutes/Other Implemented: ORS 427.330 - 427.345 History: SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06 SPD 7-2003, f. & cert. ef. 4-1-03
411-310-0040 Minor Housing Projects (1) Minor housing projects or equipment, costing less than $10,000, may be requested by Care Providers, Housing Providers or initiated by the Department to address a housing need of individuals receiving services approved and funded by the Department. (2) The Department may procure services from qualified not-for-profit Housing Providers that have successfully responded to a Request for Proposals. These Housing Providers will manage Minor Housing Projects as described in contracts with the Department. (3) The Department may procure services from pre-qualified building or specialty Contractors (pursuant to ORS 279.039 through 279.045) licensed by the Construction Contractors Board or the Landscape Contractors Board as described in OAR 411-310-0030(3)(b). (4) The Department may procure personal services from Care Providers, Housing Providers or Contractors directly through negotiation when the contract price, including Change Orders, is not more than $5,000. (5) Project Approval. Minor Housing Projects will be approved by the Department on the basis of a Contract Work Order that identifies the project address, approved Contractor, Scope of Work, Specifications, itemized budget, completion date, person responsible for project inspection, and payment method. (6) State's Financial Interest. When the total cost of equipment or a housing adaptation, including change orders, is greater than $5,000, the Department may secure the interest of the State by appropriate means, including, but not limited to, Mortgages, Trust Deeds and promissory notes. Security agreements will be executed prior to the beginning of construction. (7) The Department may expend funds for Minor Housing Projects or equipment through any legal payment mechanism. The Department will expend funds only on the basis of requests that include invoices for work, materials or equipment. Statutory/Other Authority: ORS 409.050 & 410.070 Statutes/Other Implemented: ORS 427.330 - 427.345 History: SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06 SPD 7-2003, f. & cert. ef. 4-1-03
411-310-0050 Maintenance of Qualified Properties (1) Qualification. The following projects qualify for funding of maintenance and repair: (a) The Department may pay for maintenance and repair of qualified homes in order to preserve and maintain the benefit of housing assets in which the State has a financial interest. Qualified homes are residences that were constructed or retrofitted for individuals leaving Fairview Training Center as part of the Community Integration Project (CIP), in which individuals with developmental disabilities live and receive licensed services, and which were financed by State of Oregon General Obligation Bonds; and (b) The Assistant Director of the Department, may designate other homes to be included in the maintenance and repair program if they meet all the following criteria: (A) Significant expenditure of State funds; (B) Specialized features for individuals with developmental disabilities; and (C) State control of the property through State ownership or through security agreements for a minimum of 30 years. (2) Property Management Contracts. The Department will enter into Property Management Contracts with not-for-profit Housing Providers or Housing Authorities owning properties that qualify for maintenance and repair funding for the purpose of managing the property. (3) Property Management Procedures. Qualified homes will be managed according to procedures written and distributed by the Department to owners of the homes. The procedures will outline maintenance and repair, care and custody, and renovations of qualified homes. The procedures may be updated as necessary by the Department. (4) The Department may procure services from pre-qualified building or specialty Contractors as described in OAR 411-310-0030(3)(b). (5) The Department may procure personal services as described in OAR 411-310-0040(4). (6) The Project will comply with the provisions of ORS 279.348 through 279.365 when applicable. Statutory/Other Authority: ORS 409.050 & 410.070 Statutes/Other Implemented: ORS 427.330 - 427.345 History: SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06 SPD 7-2003, f. & cert. ef. 4-1-03
411-310-0060 Developmental Disability Housing Fund (1) Composition of the Fund. There will be a Developmental Disabilities Community Housing Fund established with the State Treasury. The Fund will be comprised of the following components: (a) Housing development account; (b) Property management account; (c) Debt service account; and (d) Community Housing Trust Account. (2) With the exception of the Community Housing Trust Account, funds may be transferred from one account to another. Interest earned is retained within the Housing Fund as assigned to the account where it was earned. Statutory/Other Authority: ORS 409.050 & 410.070 Statutes/Other Implemented: ORS 427.330 - 427.345 History: SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06 SPD 7-2003, f. & cert. ef. 4-1-03