411-325-0300 Residency Agreements, Individual Rights, Complaints, Notification of Planned Action, and Hearings (1) RESIDENCY AGREEMENTS. (a) A provider must enter into a written Residency Agreement with each individual specifying, at a minimum, the following: (A) The rights and responsibilities of the individual and the provider; and (B) The eviction process, notice requirements, and appeal rights available to each individual. (b) The Residency Agreement may not violate the rights of an individual as stated in OAR 411-318-0010. (c) The Residency Agreement may not be in conflict with any of these rules, the certification and endorsement rules in OAR chapter 411, division 323, or the home and community-based services and settings rules in OAR chapter 411, division 004. (d) Prior to implementing changes to the Residency Agreement, the Residency Agreement may be subject to review by the Department or the designee of the Department. (e) A provider must review and provide a copy of the Residency Agreement to each individual, and as applicable the legal representative of each individual, at the time of entry and at least 90 calendar days prior to implementing any changes to the Residency Agreement. (A) The review must be documented by having each individual, or as applicable the legal representative of each individual, sign and date a copy of the Residency Agreement. (B) A copy of the signed and dated Residency Agreement must be maintained in each individual's record. (2) INDIVIDUAL RIGHTS. (a) A provider must protect the rights of individuals described in OAR 411-318-0010 and encourage and assist individuals to understand and exercise these rights. (b) Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 must be provided to an individual and the legal or designated representative of the individual (as applicable). (c) The individual rights apply to all individuals eligible for or receiving developmental disabilities services. A parent or guardian may place reasonable limitations on the rights of a child. (3) COMPLAINTS. (a) Complaints by or on behalf of individuals must be addressed in accordance with OAR 411-318-0015. (b) Upon entry and request and annually thereafter, the policy and procedures for complaints must be explained and provided to an individual and the legal or designated representative of the individual (as applicable). (4) NOTIFICATION OF PLANNED ACTION. In the event a developmental disabilities service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action (form 0947) must be provided as described in OAR 411-318-0020. (5) HEARINGS. (a) Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025. (b) An individual may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction, suspension, or termination or OAR 411-318-0030 for an involuntary reduction, transfer, or exit. (c) Upon entry and request and annually thereafter, a notice of hearing rights and the policy and procedures for hearings must be explained and provided to an individual and the legal or designated representative of the individual (as applicable). Statutory/Other Authority: ORS 409.050, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991 History: APD 13-2019, amend filed 02/14/2019, effective 02/15/2019 APD 24-2016, f. & cert. ef. 6-29-16 APD 34-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 42-2014, f. 12-26-14, cert. ef. 12-28-14 APD 24-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04