411-030-0033 In-Home Service Living Arrangements (1) The following terms are used in this rule: (a) "Informal arrangement" means a paid or unpaid arrangement for shelter or utility costs that does not include the elements of a property manager's rental agreement. (b) "Property manager's rental agreement" means a payment arrangement for shelter or utility costs with a property owner, property manager, or landlord that includes all of the following elements: (A) The name and contact information for the property manager, landlord, or leaser. (B) The period or term of the agreement and method for terminating the agreement. (C) The number of tenants or occupants. (D) The rental fee and any other charges (such as security deposits). (E) The frequency of payments (such as monthly). (F) What costs are covered by the amount of rent charged (such as shelter, utilities, or other expenses). (G) The duties and responsibilities of the property manager and the tenant, such as: (i) The person responsible for maintenance; (ii) If the property is furnished or unfurnished; and (iii) Advance notice requirements prior to an increase in rent. (c) "Provider-owned dwelling" means a dwelling that is owned by a provider or the provider's spouse, when the provider is proposing to be paid for providing Medicaid home and community-based services, and the provider or the provider’s spouse is not related to an individual by blood, marriage, or adoption. Provider-owned dwellings include, but are not limited to: (A) Houses, apartments, and condominiums. (B) A portion of a house such as basement or a garage even when remodeled to be used as a separate dwelling. (C) Trailers and mobile homes. (D) Duplexes, unless the structure displays a separate address from the other residential unit and was originally built as a duplex. (d) "Provider-rented dwelling" means a dwelling that is rented or leased by a provider or the provider's spouse, when the provider is proposing to be paid for providing Medicaid home and community-based services, and the provider or the provider’s spouse is not related to an individual by blood, marriage, or adoption. (2) An individual is eligible for Medicaid in-home services if the individual resides in a -- (a) Dwelling the individual owns or rents; (b) Provider-owned dwelling and the individual's name is on the property deed, mortgage, or title; (c) Provider-rented dwelling and the individual’s name is on the property manager’s rental agreement; (d) Dwelling, either through an informal arrangement or property manager’s rental agreement, owned or rented by a relative as defined in OAR 411-030-0020. (3) An individual is not eligible for Medicaid in-home services if the individual resides in a provider-owned or rented dwelling through an informal or formal arrangement or is residing in a provider owned, controlled or operated residential setting. Statutory/Other Authority: ORS 409.050, 410.070 & 410.090 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 32-2020, amend filed 07/23/2020, effective 08/01/2020 APD 3-2020, temporary amend filed 02/21/2020, effective 02/21/2020 through 08/18/2020 APD 44-2016, f. 12-20-16, cert. ef. 12-28-16 SPD 43-2013, f. 10-31-13, cert. ef. 11-1-13 SPD 10-2013(Temp), f. & cert. ef. 5-23-13 thru 11-19-13 SPD 15-2008, f. 12-26-08, cert. ef. 1-1-09 SPD 20-2006, f. 5-26-06, cert. ef. 6-1-06 SPD 18-2005(Temp), f. 12-20-05, cert. ef. 12-21-05 thru 6-1-06 SPD 15-2004, f. 5-28-04, cert. ef. 6-7-04 SPD 18-2003(Temp), f. & cert. ef. 12-11-03 thru 6-7-04 SPD 15-2003, f. & cert. ef. 9-30-03 SPD 14-2003, f. & cert. ef. 7-31-03 SSD 4-1993, f. 4-30-93, cert. ef. 6-1-93