justicedao/ipfs_state_laws huggingface dataset:
411-425-0035 Qualifications and Training (1) An assessor and supervisor must have knowledge of the public service system for developmental disabilities services in Oregon and at least: (a) A bachelor's degree in behavioral science, social science, or a closely related field; (b) A bachelor’s degree in any field and one year of human services related experience, such as work providing assistance to people and groups with issues, such as economical disadvantages, employment, abuse and neglect, substance abuse, aging, disabilities, prevention, health, cultural competencies, or housing; (c) An associate’s degree in a behavioral science, social science, or a closely related field and two years of human services related experience, such as work providing assistance to people and groups with issues, such as economical disadvantages, employment, abuse and neglect, substance abuse, aging, disabilities, prevention, health, cultural competencies, or housing; or (d) Three years of human services related experience, such as work providing assistance to people and groups with issues, such as economical disadvantages, employment, abuse and neglect, substance abuse, aging, disabilities, prevention, health, cultural competencies, or housing. (2) A case manager may only conduct an ONA as described in OAR 411-415-0060. The case manager must not conduct an ONA until completion of initial training as described in section (3) of this rule. (3) An assessor and supervisor must fulfill the training requirements established by the Department. (a) An employee of a CME must not conduct an ONA until completion of initial training provided by the Department. Completion of initial training is indicated by the Department's assignment of the ONA Assessor user role to the employee in the Department's electronic payment and reporting system. (b) An assessor and supervisor must maintain and enhance their knowledge and skills through participation in education and training as required by the Department. The Department provides training materials and the provision of training may be conducted by the Department or CME staff, depending on available resources and at the discretion of the Department. Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115 & 430.662 Statutes/Other Implemented: ORS 427.104, 427.105, 427.115 & 430.662 History: APD 17-2019, adopt filed 04/23/2019, effective 05/01/2019 APD 2-2019, temporary adopt filed 01/07/2019, effective 01/09/2019 through 07/03/2019
411-425-0045 Quality Assurance A CME must submit all requested documentation to the Department and allow the Department or the Oregon Health Authority to observe assessors while conducting ONAs for quality assurance. Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115 & 430.662 Statutes/Other Implemented: ORS 427.104, 427.105, 427.115 & 430.662 History: APD 17-2019, adopt filed 04/23/2019, effective 05/01/2019 APD 2-2019, temporary adopt filed 01/07/2019, effective 01/09/2019 through 07/03/2019
411-435-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 435 ensure: (a) Individuals receiving ancillary services are able to maximize independence, empowerment, dignity, and human potential through the delivery of flexible, efficient, and suitable ancillary services. (b) Equal access to individuals who are eligible for the ancillary services provided through these rules. (2) Ancillary services are provided by the Oregon Department of Human Services, Office of Developmental Disabilities Services through the Community First Choice state plan, 1915(c) waivers, and family support funds. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.215, 430.610 & 430.662 History: APD 59-2022, amend filed 12/23/2022, effective 12/27/2022 APD 20-2016, f. & cert. ef. 6-29-16
411-435-0070 Developmental Disabilities - Other Waiver Ancillary Services for Children in CIIS INDIVIDUAL-DIRECTED GOODS AND SERVICES. Individual-directed goods and services are available through the Medically Involved Children's Waiver, Medically Fragile (Hospital) Model Waiver, and Behavioral (ICF/IID) Model Waiver. (1) Only a child who meets the general eligibility criteria in OAR 411-435-0030 and enrolled in CIIS may access individual-directed goods and services. (2) Individual-directed goods and services provide equipment and supplies not otherwise available through another source, such as waiver services or state plan services. (3) Authorization of individual directed goods and services must be based on an assessed need. (4) Individual-directed goods and services must directly address the disability related need of a child identified in their ISP. (5) Individual-directed goods and services must: (a) Decrease the need for other Medicaid services; (b) Promote inclusion of a child in the community; or (c) Increase the safety of a child in the family home. (6) Individual-directed goods and services may not be: (a) Otherwise available through another source, such as waiver services or state plan services; (b) Experimental or prohibited treatment; or (c) Goods or services that are normally purchased by a family for a typically developing child of the same age. (7) Individual-directed goods and services purchased must be the most cost-effective option available to meet the needs of the child. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 427.007, 427.104, 430.610, 430.620 & 430.662-430.670 History: APD 47-2019, amend filed 10/29/2019, effective 11/01/2019 APD 46-2018, amend filed 12/28/2018, effective 12/28/2018 APD 23-2018, temporary amend filed 07/02/2018, effective 07/02/2018 through 12/27/2018 APD 6-2017, f. 2-21-17, cert. ef. 2-28-17 APD 36-2016(Temp), f. 8-31-16, cert. ef. 9-1-16 thru 2-27-17 APD 20-2016, f. & cert. ef. 6-29-16
411-440-0010 Statement of Purpose for the Children's Extraordinary Needs (CEN) Program (1) The rules in OAR chapter 411, division 440 establish standards, responsibilities, and procedures for the Children’s Extraordinary Needs (CEN) Program to ensure eligible children enrolled in the program receive high-quality care from a parent provider that complies with applicable state and federal law. (2) The CEN Program is for children from birth through age 17, assessed to have very high medical or very high behavioral needs requiring extraordinary care. (3) Through the CEN Program, provider agencies employ parent providers to deliver no more than 20 hours of attendant care to their child each week. (4) The intent of the CEN Program is to not displace non-parent providers. Provider agencies shall continue to recruit, train, and retain non-parent providers. (5) The CEN Program is subject to the approval of the Children's Extraordinary Needs 1915(c) Waiver by the Centers for Medicare and Medicaid Services. Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662 History: APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024 APD 19-2024, temporary adopt filed 04/30/2024, effective 05/01/2024 through 10/27/2024
411-440-0040 Qualifications for Parent Providers in the Children's Extraordinary Needs (CEN) Program (1) A parent provider must be employed by a provider agency certified in accordance with OAR chapter 411, division 323 with an endorsement to operate as either a community living supports agency or a standard model agency as defined in OAR chapter 411, division 450. A person cannot be employed by a provider agency as a parent provider if the parent or a member of the parent's family has an administrative role, leadership role, or ownership interest, in the provider agency. (2) A parent provider must meet all of the qualifications established for provider agency staff in OAR 411-323-0050(8) and any additional qualifications established by the provider agency. (3) A parent provider must be the parent of the client child. (4) A parent must be hired by a provider agency to be a parent provider within 90 calendar days of a child’s enrollment to the CEN Program. (5) A parent provider must deliver attendant care at least once every 90 calendar days. Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662 History: APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024 APD 19-2024, temporary adopt filed 04/30/2024, effective 05/01/2024 through 10/27/2024
411-440-0050 Service Requirements, Limitations, and Exclusions for the Children's Extraordinary Needs (CEN) Program (1) The Department shall only reimburse a provider agency for the delivery of attendant care described in OAR 411-450-0060(2) by a parent provider. (2) A provider agency may not be paid using Department funds for the delivery of attendant care by a parent provider in any of the following circumstances: (a) During the hours available to a client child at the public school where the client child is or could be enrolled, except: (A) When the client child is temporarily absent from school due to surgery or illness; or (B) When a school district places the client child on an abbreviated school day program; or (C) When the client child has been expelled or suspended. (b) Due to a parent’s choice to have the client child attend public or private school for fewer hours than the regular instructional hours of the child's assigned public school. (c) For activities that do not meet the definition of attendant care, including homeschooling, tutoring, or that are a supplement to the public, private, or homeschool education of a client child. (d) While simultaneously caring for or supervising a child under 10 years old or a vulnerable person of any age who requires physical care and monitoring. For the purpose of this rule, "vulnerable person" means a person who requires physical care and monitoring who is: (A) 65 years of age or older; (B) Financially incapable as defined in ORS 125.005; (C) Incapacitated as defined in ORS 125.005; or (D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion, or physical or emotional injury because of the person’s physical or mental impairment. (e) During the course of activities not for the primary benefit of the client child, such as: (A) Grocery shopping for the parent provider’s household. (B) Housekeeping not required for the disability-related support needs of the client child. (C) Remote work or the operation of a home business. (D) Transporting individuals other than the client child to activities or appointments. (f) When any condition described in OAR 411-450-0050(8) is present. (g) The child is 18 years old or older. (3) A parent provider may not act as a client child’s legal or designated representative in connection with the provision of Department-funded supports. (4) A child may not be enrolled in the CEN Program while enrolled in a residential program. (5) A child’s legal or designated representative who authorizes the child's ISP is required to participate in monthly case management contact as described in OAR 411-415-0090(1). (6) A child’s legal or designated representative must permit at least two case management contacts per ISP year, separated by no fewer than 90 calendar days, to occur in person with the child. Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662 History: APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024 APD 19-2024, temporary adopt filed 04/30/2024, effective 05/01/2024 through 10/27/2024
411-440-0060 Training Requirements for the Children's Extraordinary Needs (CEN) Program (1) A parent provider must complete Department-approved training prior to delivering services to their child under these rules. The training must include: (a) An overview of federal and state administrative rules regulating home and community-based services; and (b) The impact of providing Department-funded services on parent-child relationships with respect to discipline, supervision, physical intervention, and self-determination of a client child. (2) A client child must receive age-appropriate, accessible training, information, or materials related to self-advocacy with respect to choosing their own direct support professionals prior to being enrolled in the CEN program. Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662 History: APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024 APD 19-2024, temporary adopt filed 04/30/2024, effective 05/01/2024 through 10/27/2024
411-440-0070 Initial Enrollments for the Children's Extraordinary Needs (CEN) Program (1) The Department has identified all children who have very high behavioral or very high medical needs, or who are on the waitlist for the Medically Fragile Model Waiver or the Medically Involved Children's Waiver as of May 2, 2024. Only these children shall be considered for initial enrollment to the CEN Program. (2) The Department assigned a unique five digit number to each child identified in section (1) of this rule and used a random generator to shuffle the five digit numbers to determine the top 155 children offered enrollment into the CEN Program and the order of the waitlist, described in OAR 411-440-0080, by their randomly assigned number. (3) The parent of a child selected for initial enrollment must affirm to the child’s case management entity their decision to participate in the CEN Program no later than July 19, 2024. (4) If a parent declines to participate in the CEN Program by July 19, 2024: (a) The child does not retain the number assigned to them according to section (2) of this rule. (b) The Department shall offer the parent a choice for their child to be moved to the end of the waitlist or removed from the waitlist. If the parent of the child does not indicate a choice, the child is removed from the Department's waitlist as described in OAR 411-440-0080. (5) If a parent does not respond to the offer to participate in the CEN Program by July 19, 2024: (a) The child does not retain the number assigned to them according to section (2) of this rule. (b) The child will be moved to the end of the waitlist. (6) The Department shall confirm a child selected for initial enrollment to the CEN Program meets the eligibility requirements in OAR 411-440-0030(3). If the child is determined ineligible, the Department shall provide a written advance Notification of Planned Action (form 0947) as described in OAR 411-318-0020. Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662 History: APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024 APD 19-2024, temporary adopt filed 04/30/2024, effective 05/01/2024 through 10/27/2024
411-440-0090 Complaints about the Children's Extraordinary Needs (CEN) Program (1) Complaints related to the administration of the CEN Program must be made directly to the Department and may be made orally, in writing, or by using the Department's Complaint Form (0946). (2) A complaint shall be addressed by the Department according to OAR 411-318-0015. Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662 History: APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024 APD 19-2024, temporary adopt filed 04/30/2024, effective 05/01/2024 through 10/27/2024
411-450-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 450 prescribe standards, responsibilities, and procedures for the delivery of community living supports. Supports are intended to permit individuals to live independently in a community-based setting. (2) Community living supports are designed to prevent out-of-home placement of a child, or to return a child to the family home from a residential setting other than the family home. (3) These rules prescribe service eligibility requirements for individuals receiving community living supports, and standards and procedures for agency providers operating a community living supports program. (4) The rules in OAR chapter 411, division 450 effectuate Oregon’s Employment First policy under which the employment of individuals with developmental disabilities in competitive integrated employment is the highest priority over unemployment, segregated employment, or other non-work day activities. The delivery of services provided under these rules presumes all individuals eligible for services are capable of working in an integrated employment setting and earning minimum wage or better. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662-430.670 History: APD 27-2016, f. & cert. ef. 6-29-16
411-450-0095 Employer Model Agency Standards (1) For a provider agency to be endorsed to delivery community living supports as an employer model agency, the provider agency must meet the additional requirements in this rule. The requirements of this rule do not apply to a provider agency endorsed as a standard model agency. (2) SELF-DIRECTED SUPPORTS. An employer model agency must provide culturally appropriate training, coaching, and other forms of supports on the following topics: (a) Self-direction. (b) Roles and responsibilities of the individual and the employer model agency regarding employee management activities including, but not limited to, all of the following: (A) Recruitment or screening. (B) Hiring or selection. (C) Scheduling. (D) Onboarding and training. (E) Performance assessments. (F) Termination or dismissal. (G) Any other required administrative or employment related responsibilities of the individual. (3) An employer model agency must provide supports that enable the individual’s active participation in service delivery. (4) An employer model agency must ensure agency employees are providing services consistent with an individual’s Individual Support Plan or Service Agreement and the individual's preferences. (5) An employer model agency must provide two hours of diversity, equity, and inclusion training for all employees upon hiring and annually thereafter. This training may be included in the job-related in-service training described in OAR 411-323-0050. (6) In addition to the requirements described in OAR 411-323-0060(2), an employer model agency must make efforts to actively involve agency employees, individuals receiving services by the employer model agency, and other community members in decision-making about the needs of the workforce, the needs of individuals served, and quality improvement needs through regular surveys, an advisory board, or other method. Employer model agencies must share results of the involvement with employees and individuals served annually, along with information about how the involvement is used to improve their services. (7) An employer model agency must submit staffing data to a nationally standardized reporting survey organization annually as described in OAR 411-323-0055(6). An employer model agency’s submission must include all of the following: (a) A list of employees for which the employer model agency billed the Department for services provided. (b) The zip codes where the employees provided services. (c) Verification of the completion of training required for each employee. Statutory/Other Authority: ORS 409.050, 427.024, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.024, 427.104, 427.181, 430.215, 430.610 & 430.662 History: APD 22-2025, adopt filed 12/29/2025, effective 01/01/2026
411-450-0100 Variances (1) The Department may grant a variance to these rules based upon a demonstration by an agency that an alternative method or different approach provides equal or greater agency effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) The agency requesting a variance must submit a written application to the Department that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept, or procedure proposed; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) If the variance applies to an individual's service, evidence that the variance is consistent with the individual's current ISP. (3) The Department's director may approve or deny the request for a variance. The director's decision is final. (4) The Department must notify the agency of the Department's decision. The decision notice must be sent within 45 calendar days of the receipt of the request by the Department with a copy sent to all relevant Department programs or offices. (5) The agency may implement a variance only after written approval from the Department. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662-430.670 History: APD 27-2016, f. & cert. ef. 6-29-16
411-455-0000 Statement of Purpose (1) The rules in OAR chapter 411, division 455 prescribe standards, responsibilities, and procedures for the delivery of State Plan personal care (SPPC) services to individuals who are eligible for services through Community Developmental Disabilities Programs, Brokerages, or Children’s Intensive In-Home Services. (2) SPPC services are intended to supplement an individual's personal abilities and available alternative resources, including the individual's natural support system, for the individual to live independently at home and in the community. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 427.007, 430.610, 430.620 & 430.662-430.670 History: APD 22-2019, adopt filed 06/28/2019, effective 07/01/2019 APD 1-2019, temporary adopt filed 01/07/2019, effective 01/08/2019 through 07/05/2019
411-455-0060 Standards for Providers (1) SPPC services must be provided by one of the following provider types: (a) A personal support worker who meets the standards described in OAR 411-375-0020. (b) An in-home care agency with a current license by the Public Health Division in accordance with OAR chapter 333, division 536. (2) A qualified provider paid by the Department must not be an individual’s legal representative. (3) Personal support workers must meet the provider enrollment and other requirements described in OAR chapter 411, division 375 for service payments. (4) In-home care agencies must meet provider enrollment and other requirements described in OAR chapter 411, division 370 and OAR 411-323-0065 for service payments. (5) Rates for SPPC services are the same as for attendant care in the home or community established in the Expenditure Guidelines. Statutory/Other Authority: ORS 409.050, 427.104 & 430.662 Statutes/Other Implemented: ORS 427.007, 430.610, 430.620 & 430.662-430.670 History: APD 22-2019, adopt filed 06/28/2019, effective 07/01/2019 APD 1-2019, temporary adopt filed 01/07/2019, effective 01/08/2019 through 07/05/2019
413-001-0000 Notice of Rulemaking See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in chapter 413. Statutory/Other Authority: ORS 183.341, 409.050 & 418.005 Statutes/Other Implemented: ORS 183.330, 183.335, 183.341 & 409.050 History: CWP 10-2006, f. & cert. ef. 6-1-06 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95