justicedao/ipfs_state_laws huggingface dataset:
411-016-0210 Supports for Consumer Direction (1) Supports for Consumer Direction directly benefit the individual by providing skills and knowledge to become an effective employer of homecare workers, self-advocate for other services and resources and manage service plans and goals. This includes but is not limited to skill-building for self-advocacy, setting boundaries, identifying and achieving service plan and personal goals and life experiences that ensure health, safety and well-being, rights and responsibilities as an employer, creating a work schedule, supervising providers in the home, and how to address unsatisfactory work. (2) Supports for Consumer Direction may not duplicate other services or be authorized if available from other less expensive resources unless the quality of the education and training is more substantive or relevant than the other resources. (3) Providers must at a minimum meet the following requirements: (a) Be an organization or individual with at least 2 years of experience in: (A) Assisting older adults and people with disabilities to learn how to self-direct caregivers, or (B) Educating older adults and people with disabilities to learn skills to be a self-advocate, or (C) Educating older adults and people with disabilities to learn skills related to supported decision making. (b) Be over the age 18; (c) Have a high school diploma or GED; (d) All staff have passed a criminal background check; and (e) Be an enrolled Medicaid provider. (4) Payments. (a) Providers may not charge OPI-M individuals for participation. (b) Rates for OPI-M must be comparable to those included in Department contracts or rates for similar services. (c) Payment must constitute payment in full for services rendered. (d) Payment will be made by the Department after services have been provided and invoices have been submitted and approved by the Services Case Manager or Department representative. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.060, 410.065 & 410.070 History: APD 64-2024, adopt filed 11/20/2024, effective 11/22/2024 APD 22-2024, temporary adopt filed 05/20/2024, effective 05/31/2024 through 11/26/2024
411-017-0000 Purpose and Effective Date (1) The OAR chapter 411, division 017 rules outline the criteria for providing crisis support to individuals who receive Long-term services and supports through the Aging and People with Disabilities program of the Oregon Department of Human Services. The Crisis Support Program (CSP) is funded by state General Funds. The services, supports and items, including emergency items, in these Rules are intended to assist individuals maintain or establish a safe in-home service plan and assist with maintaining placement in a licensed care setting. (2) The effective date of these rules in OAR chapter 411, division 017, is May 1, 2025. Statutory/Other Authority: ORS 409.050, 410.010, 410.020, 410.070 & 410.090 Statutes/Other Implemented: ORS 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0020 Eligibility Criteria for Crisis Support (1) To be eligible for crisis supports, an individual must: (a) Be eligible for or receiving Medicaid long term services and supports, including OPI-M, from Aging and People with Disabilities; (b) Have an identified, short-term need which, if provided this funding, supports the individual to establish or maintain their service plan; (c) Have an assessed crisis as defined in these rules; (d) Have a stable, ongoing plan in place to resolve the need for crisis services; (e) Not have the funds to meet the need; (f) Not have natural supports or other services available in the community or other sources of funding that would meet the identified need; and (g) For a crisis support need that directly impacts the ability to maintain placement in a licensed care setting, the need must be able to be remediated by the items or services described in OAR 411-017-0040(h). (2) The individual and their Case Manager must have or develop a plan that ensures service plan stability. (3) The crisis support service must be cost effective. (4) The individual must be provided the choice to accept or deny the item or service being offered. (5) Home repairs may be approved only when the individual owns the home, lives with family that do not have the resources to address the crisis or the repair is not the responsibility of the landlord. (6) Crisis supports can be used for items and services that: (a) Are necessary to prevent or resolve the crisis; (b) Are not reasonably accessible through natural supports or other community services; (c) Do not require ongoing payments; (d) Are not the responsibility of any other party; and (e) Are not typically covered by insurance or medical benefits. (7) To be eligible for funding under this Rule, services must meet one or more of the following criteria: (a) The need must be short term and immediate. (b) The need must be met to prevent admission or readmission to a higher level of care. (c) The item or repair must meet community standards to ensure health and safety. (d) Other members of the household must continue to pay their portion of any security deposits, rent, housing payments, utility payments, or similar expenses. (8) The Department has full discretion for: (a) Determining eligibility for crisis supports; (b) Denying requests that don't meet community standards to ensure health and safety; and (c) Granting exceptions to the provisions in this rule. Statutory/Other Authority: ORS 409.050, 410.070, 410.090 & 410.210-410.300 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0030 Eligibility Criteria for Emergency Items (1) To be eligible for emergency items, an individual must meet the following requirements: (a) Be receiving Medicaid funded in-home services, including OPI-M and SPPC, from the Department; (b) Be likely to need evacuation during fires, winter weather events, floods and other types of emergencies; and (c) For portable power stations, have a demonstrated need for power back-up in the event there is a sudden loss of power, including, but not limited to, oxygen devices, C-pap, Bi-pap, hospital beds, lift chairs, electric wheelchairs, electric hoyers or sit-to-stands, keeping medication cold or heated up, or need for heated food. (d) For portable air conditioners or back up heaters, have a demonstrated need that high or low heat would have a determinantal impact on the health and safety of the individual. (2) The individual must be provided the choice to accept or deny the emergency item being offered. (3) An individual may receive one emergency kit if eligibility criteria are met. However, an individual may receive two emergency kits if natural supports, a Homecare Worker or in-home care agency direct care worker is required to stay with the individual during an evacuation level event that requires the use of the emergency kit. (4) No more than one portable power station is allowed per household. Portable power stations are not available to individuals who already have a functioning generator or portable power station that meets their needs. (5) No more than one portable air conditioner and one back up heater will be made available to individuals. There must be no other legally responsible party that is required to provide air conditioning or heating in the individual’s living setting. (6) The Department has full discretion for determining eligibility for emergency items. Statutory/Other Authority: ORS 409.050, 410.070, 410.090 & 410.210-410.300 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0040 Types of Crisis Support Services (1) Services described in these Rules may include: (a) Temporary hotel stay. (b) An item or service that would normally be the responsibility of another payer, but the timeframe to secure approval puts the individual’s health or safety at risk. (c) Emergency transportation. (d) Rental or purchases of durable medical equipment. Purchases will be based on the Department’s assessment of ongoing need for the durable medical equipment versus a temporary need and a determination if another funding source can pay for the item. (e) Past due security deposits, rent, housing payment, or utilities. (f) Repairs to an individual’s dwelling that, if unaddressed, will result in a medium or high health or safety risk for the individual, as long as they qualify under OAR 411-017-0020(4) and cannot be funded through K Ancillary Services as defined in OAR chapter 411, division 035. (g) Other items necessary to ensure the individual’s immediate health or safety and which are in support of the individual’s in-home service plan as determined by the Department; (h) For individuals living in licensed care settings: (A) A one-time payment to prevent eviction due to non-payment, when pre-approved by the Department; or (B) Replacement of necessary items lost in a fire, natural disaster or damage by another resident that are not the responsibility of the provider, the provider's insurance or the individual's rental insurance. (2) Department funds may not be used for: (a) A reimbursement to an individual, or the legal or designated representative or family member of the individual, for expenses related to crisis support services or items. (b) An advance payment of funds to an individual, or the legal or designated representative or family member of the individual, to obtain crisis support services or items. (c) Items of general utility and not directly related to an individual’s identified support needs. Statutory/Other Authority: ORS 409.050, 410.070, 410.090 & 410.210-410.300 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0050 Conditions for Purchase of Emergency Items (1) Emergency items must meet the following requirements: (a) Be of direct benefit to an individual; (b) Be necessary as identified in the individual’s person centered support plan; (c) Be cost-effective; and (d) Be new or professionally refurbished. (2) Emergency items are permanently placed with the individual for which the item was approved. (3) The Department is not responsible for replacing or fixing faulty equipment or emergency items but the Department may replace the items at their discretion. Statutory/Other Authority: ORS 409.050, 410.070 & 410.090 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0060 Approval of Crisis Support Services (1) The Case Manager must ensure the risk assessment in the individual’s person-centered service plan remains up-to-date. (2) The Case Manager must complete and submit the CSP request form and provide any additional information required by the CSP. (3) All payments and purchases must be prior authorized by the CSP. (4) An invoice must be submitted to the CSP in order for a payment to be made for items or services. Statutory/Other Authority: ORS 409.050, 410.070, 410.090 & 410.210-410.300 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0070 Denial of Crisis Support Program Services and Request for Emergency Items (1) An individual will receive notification of the decision in writing. The decision notice will include the reason for the denial and the right to an administrative review. (2) An individual may request an administrative review for any decision made within 45 business days of when the decision was made. (3) The administrative review will be conducted by the Department and will be conducted by a different person than the individual who made the initial decision. (4) The Department will make a decision on the administrative review within 30 days and notify the individual of the outcome in writing. Statutory/Other Authority: ORS 409.050, 410.070, 410.090 & 410.210-410.300 Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-017-0080 End to Eligibility for Emergency Items Emergency items are subject to availability and available funding as determined by the Department. Statutory/Other Authority: ORS 409.050, 410.070 & 410.090 Statutes/Other Implemented: ORS 410.070 History: APD 2-2026, adopt filed 01/13/2026, effective 01/14/2026 APD 9-2025, temporary adopt filed 07/16/2025, effective 07/21/2025 through 01/16/2026
411-018-0000 Purpose and Definitions Purpose: These rules establish standards and procedures for a long-term care facility that will be certified by the Department as an essential community provider long-term care facility. (1) “Adult Foster Home” defined in ORS 443.705 means any family home or facility in which residential care is provided in a home like environment for five or fewer adults who are not related to the provider by blood or marriage. (2) “Certification” means a written statement by the Department that the facility is an essential community provider long-term care facility. (3) “Department” means the Department of Human Services, Seniors and People with Disabilities Division. (4) “Disqualification” means a written statement by the Department that informs the facility of the reasons for disqualification. (5) “Essential community provider long-term care facility” means a long-term care facility in which the average residency rate is 50% or more eligible for Medicaid during the calendar year immediately preceding the calendar year in which the Department is making certification; except that in adult foster homes the average residency rate will be 60%. (6) “Long term care facility” means a nursing facility, assisted living facility, residential care facility or an adult foster home that is licensed by the Department. (7) “Medicaid” means Title XIX of the Social Security Act. (8) “Medicaid eligible residency rate” means the days of facility occupancy in the calendar year for which Medicaid is responsible for payment either paid or accrued (or would have been paid by or accrued to Medicaid except that another payment source was available and used) divided by all days of facility occupancy in the calendar year for which payment has been made or a liability for payment accrued. (9) “Medicare” means Title XVIII of the Social Security Act. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 307.808 - 307.815, 443.888 & 410.070 History: SPD 17-2005, f. & cert. ef. 12-12-05 SDSD 7-2000, f. 12-29-00 cert. ef. 1-1-01 SDSD 11-1999, f. 12-30-99 cert. ef. 1-1-00
411-018-0020 Appeal Process (1) The Department will issue a notice of Disqualification to a facility when it has been determined the facility does not qualify for Certification. (2) The notice of Disqualification must be issued within 15 business days following receipt of the completed application and informs the facility of the reasons for disqualification. A facility is entitled to an informal conference or a contested case hearing pursuant to ORS 183.413–183.470, as described in sections (3) or (4) of this rule, to protest the disqualification. (3) Informal Conference. (a) The facility may request an informal conference by notifying the Department in writing within 30 days of receipt of the notice of Disqualification. (b) The request for an informal conference must be postmarked within the 30-day limit and must state specifically the reasons for requesting the conference. (c) The facility may submit documentation and explain the basis for the protest at the informal conference. (d) Following the informal conference, the Department will notify the facility of its decision by mail within 15 business days. (e) No judicial review is available following a decision from an informal conference. If the facility is not satisfied with the decision, the facility may request a contested case hearing pursuant to ORS 183.413–183.470 by notifying the Department in writing of the request for the hearing within 10 business days of the date of the decision notice from the informal conference. (f) If a facility is not satisfied with the results from the contested case hearing, the facility may petition for judicial review pursuant to ORS 183.480–183.497. (4) Contested Case Hearing. (a) As an alternative to section (3) of this rule, the facility may request a contested case hearing pursuant to ORS 183.413–183.470 by notifying the Department in writing that a contested case hearing is requested, within 30 days of receipt of the notice of disqualification from the Department. (b) The request for the contested case hearing must be postmarked within the 30-day limit and must state, specifically, the reason(s) for requesting the hearing. (c) If a facility is not satisfied with the results from the contested case hearing, the facility may petition for judicial review pursuant to ORS 183.480–183.497. (5) If no request for an informal conference or contested case hearing is made within the specified time period, the most recent decision from the Department automatically becomes the final order. (6) A facility may request documentation supporting the disqualification from the Department; however, a request for documentation does not extend the time period within which an informal conference or contested case must be requested. The Department will produce these work papers within 30 days of receipt of a written request. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 307.808 - 307.815, 443.888 & 410.070 History: SPD 17-2005, f. & cert. ef. 12-12-05 SDSD 11-1999, f. 12-30-99 cert. ef. 1-1-00
411-019-0000 Purpose and Responsibilities (1) The purpose of these rules is to establish responsibilities and membership for the Oregon Deaf and Hard of Hearing Services (ODHHS) advisory committee. The goal of ODHHS is to serve members of the public and state agencies by ensuring agency programs are available and accessible to individuals who are Deaf or Hard of Hearing. (2) The advisory committee’s responsibilities shall include the following: (a) Identifying the needs and concerns of individuals who are Deaf or Hard of Hearing. (b) Making recommendations to the Department of Human Services (DHS) related to the full achievement of economic, social, legal, and political equity for the Deaf and Hard of Hearing community. (c) Advising the Department of Human Services, Governor, Legislative Assembly, and other state agencies on how state services for individuals who are Deaf or Hard of Hearing might be improved or better coordinated to meet the needs of these individuals. (d) Providing information to individuals who are Deaf or Hard of Hearing about where they may obtain assistance in rehabilitation and employment and about laws prohibiting discrimination in employment as a result of disability. (e) Cooperating with interest groups in rehabilitation and employment for individuals who are Deaf or Hard of Hearing, and encourage public and private employers to undertake affirmative action to ensure equitable employment of individuals who are Deaf or Hard of Hearing. (f) Promoting information and education to employers and the general public to increase awareness of and sensitivity to the needs of individuals who are Deaf or Hard of Hearing and to increase opportunities for equitable education and training that shall ensure these individuals have the opportunity to reach their full vocational potential. Statutory/Other Authority: ORS 410.070 & 410.740 Statutes/Other Implemented: ORS 410.740 History: APD 7-2017, f. 2-21-17, cert. ef. 3-1-17
411-019-0010 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 019: (1) "Deaf" is a term that describes individuals who usually have no useful residual hearing and who generally use sign language as their primary mode of communication. This group of individuals is culturally Deaf and uses the uppercase "D" when using this term. (2) "deaf" is a term that describes individuals who are audiologically deaf. Individuals who are deaf generally use their residual hearing with speech reading, amplification, hearing aids, cochlear implants, and other hearing assistive technology, and usually speak as a primary mode of communication. This group of individuals uses the lowercase "d" when using this term. (3) "Deaf-blind" denotes people with a variety of causes and degrees of combined vision and hearing losses that imposes barriers to communication, education, work, and social interaction. This term does not necessarily mean total lack of hearing and vision. Deaf-blind individuals can use a variety of adaptive technology and may also use visual or tactile sign language. (4) "Department" means the Department of Human Services. (5) "Hard of Hearing" describes individuals with partial hearing loss. Individuals may also use the term Hard of Hearing to describe themselves if they have a severe or profound audiological level of hearing loss. (6) "Late Deafened" describes people who acquired a severe to profound hearing loss as adults, generally well after the development of speech and language. Individuals who are late deafened generally will benefit from the use of visual display technology and cochlear implants and may also benefit from hearing aids and other hearing technology. (7) "These Rules" mean the rules in OAR chapter 411, division 019. Statutory/Other Authority: ORS 410.070 & 410.740 Statutes/Other Implemented: ORS 410.740 History: APD 7-2017, f. 2-21-17, cert. ef. 3-1-17
411-019-0020 Composition of ODHHS Advisory Committee (1) The Director of the Department of Human Services shall appoint an advisory committee to advise the Director regarding the Oregon Deaf and Hard of Hearing Services Program. The Director shall try to achieve geographic diversity in advisory committee membership, if possible. The Director may elect to consult with the advisory committee regarding proposed committee membership. (2) The Director shall appoint 12 individuals to the advisory committee: (a) Four individuals who either are Deaf, deaf, or Deaf-blind. (b) Four individuals who are Hard of Hearing. (c) Two individuals who specialize in providing adaptive or communication services for the Deaf, deaf, Deaf-blind, or Hard of Hearing population. (d) Two individuals who are well qualified by appropriate licensure, certification, or education and experience to practice in psychology, mental health, social services, or rehabilitation counseling services. (3) The Director may conduct background checks prior to appointment. Statutory/Other Authority: ORS 410.070 & 410.740 Statutes/Other Implemented: ORS 410.740 History: APD 7-2017, f. 2-21-17, cert. ef. 3-1-17