justicedao/ipfs_state_laws huggingface dataset:
411-318-0000 Statement of Purpose and Scope (1) The rules in OAR chapter 411, division 318 prescribe: (a) The rights of individuals receiving developmental disabilities services; (b) The process for reporting and investigating a complaint regarding dissatisfaction with a developmental disabilities service or provider; (c) The requirements for notification in the event a developmental disabilities service is denied, reduced, suspended, or terminated and the contested case hearing process for challenging a denial, reduction, suspension, or termination of a developmental disabilities service; and (d) The contested case hearing process for challenging an involuntary reduction, transfer, or exit. (2) The rules in OAR chapter 411, division 318 apply to the developmental disabilities services and service settings described in OAR chapter 411, divisions 004 and 300 to 455. Statutory/Other Authority: ORS 409.050 & 427.107 Statutes/Other Implemented: ORS 183.411-183.471, 409.010, 427.107 & 427.109 History: APD 7-2020, minor correction filed 03/19/2020, effective 03/19/2020 APD 17-2016, f. 6-28-16, cert. ef. 6-29-16 APD 37-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 40-2014, f. 12-26-14, cert. ef. 12-28-14 APD 22-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
411-320-0010 Statement of Purpose The rules in OAR chapter 411, division 320 prescribe general administrative standards for the operation of a community developmental disabilities program (CDDP). (1) A CDDP providing developmental disabilities services under a contract with the Department is required to meet the basic management, programmatic, and health, safety, and human rights regulations in the management of the community service system for individuals with intellectual or developmental disabilities. (2) These rules prescribe the standards by which the Department provides services operated by the CDDP, including but not limited to eligibility determination and adult protective services. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.610 - 430.695 History: APD 16-2016, f. 6-28-16, cert. ef. 6-29-16 SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 9-2009, f. & cert. ef. 7-13-09 SPD 28-2004, f. & cert. ef. 8-3-04 SPD 24-2003, f. 12-29-03, cert. ef. 1-1-04
411-320-0045 Quality Assurance Responsibilities (1) Each CDDP must draft a local CDDP management plan as described in OAR 411-320-0030 that supports the Department's Quality Management Strategy for meeting CMS' six waiver quality assurances, as required and defined by 42 CFR 441.301 and 441.302. CMS' six waiver assurances are: (a) Administrative authority; (b) Level of care; (c) Qualified service providers; (d) Service plans; (e) Health and welfare; and (f) Financial accountability. (2) Each CDDP must implement, maintain, and monitor minimum quality assurance activities, as required by the Department and set forth in section (3) of this rule. CDDPs may conduct additional quality assurance activities that consider local community needs and priorities for services and the unique organizational structure, policies, and procedures of the CDDP. (3) The CDDP must conduct, monitor, and report the outcomes and any remediation as a result of the following Department required activities: (a) Individual case file reviews; (b) Customer satisfaction surveys administered at least every two years; (c) Service provider file reviews; (d) Until a CDDP is certified as a CAM user by the Department, analysis of SERT (Serious Event Review Team) system data which may include: (A) Review by service provider, location, reason, status, outcome, and follow-up; (B) Identification of trends; (C) Review of timely reporting of abuse allegations; and (D) Coordination of delivery of information requested by the Department, such as the Serious Event Review Team (SERT). Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115, 430.662 & 430.731 Statutes/Other Implemented: ORS 427.007, 427.104, 427.105, 427.115, 430.215, 430.610, 430.620, 430.662, 430.664 & 430.731-430.768 History: APD 45-2019, amend filed 10/29/2019, effective 11/01/2019 SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 27-2010(Temp), f. & cert. ef. 12-1-10 thru 5-30-1 SPD 9-2009, f. & cert. ef. 7-13-09
411-320-0175 Individual Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL COMPLAINTS. (a) The CDDP must have and implement written policies and procedures for individual complaints in accordance with OAR 411-318-0015. (b) Complaints by or on behalf of individuals must be addressed in accordance with OAR 411-318-0015. (c) Upon entry into case management 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). (2) NOTIFICATION OF PLANNED ACTION. In the event that a developmental disability service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action (form SDS 0947) must be provided as described in OAR 411-318-0020. (3) 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 of a developmental disability service or OAR 411-318-0030 for an involuntary reduction, transfer, or exit. (c) Upon entry into case management 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 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662-695 History: APD 41-2014, f. 12-26-14, cert. ef. 12-28-14 APD 23-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 6-2013, f. & cert. ef. 4-2-13 SPD 8-2012, f. 6-27-12, cert. ef. 6-30-12 SPD 30-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-29-12 SPD 28-2010, f. 12-29-10, cert. ef. 1-1-11 SPD 6-2010(Temp), f. 6-29-10, cert. ef. 7-4-10 thru 12-31-10 SPD 9-2009, f. & cert. ef. 7-13-09
411-320-0180 Inspections and Investigations (1) A CDDP must allow and participate in all of the following types of investigations and inspections: (a) Quality assurance, certification, and on-site inspections. (b) Complaint investigations. (c) Abuse investigations. (d) Workers' compensation claim investigations conducted by the Oregon Home Care Commission. (2) The Department or the designee of the Department, the Oregon Health Authority, or other appropriate authority shall perform all inspections and investigations. (3) An inspection or investigation may be unannounced. (4) A plan of correction must be submitted to the Department for any non-compliance found during an inspection under this rule. Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115, 427.154, 430.662 & 430.731 Statutes/Other Implemented: ORS 409.010, 427.005-427.154, 430.215, 430.610, 430.620, 430.662, 430.664 & 430.731-430.768 History: APD 5-2023, amend filed 05/01/2023, effective 05/01/2023 APD 16-2016, f. 6-28-16, cert. ef. 6-29-16 SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 9-2009, f. & cert. ef. 7-13-09 SPD 24-2003, f. 12-29-03, cert. ef. 1-1-04
411-320-0190 Program Review (1) The Department and Oregon Health Authority may review the CDDP implementation of these rules as provided in OAR 411-320-0180 at least every two years or more frequently as needed to ensure compliance. (2) Following a Department review, the Department shall issue a report to the CDDP identifying areas of compliance and areas in need of improvement. (3) If, following a review, the CDDP is not in substantial compliance with these rules, the CDDP must respond to a plan of improvement within 45 calendar days from the receipt of the plan of improvement or in the time specified by the Department. The Department may conduct additional reviews as necessary to ensure improvement measures have been achieved. The Department may offer, or the CDDP may request, technical assistance or training. Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115 & 430.662 Statutes/Other Implemented: ORS 427.007, 427.104, 427.105, 427.115, 430.215, 430.610, 430.620, 430.662 & 430.664 History: APD 46-2018, amend filed 12/28/2018, effective 12/28/2018 APD 41-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 28-2011, f. 12-28-11, cert. ef. 1-1-12 SPD 9-2009, f. & cert. ef. 7-13-09 SPD 28-2004, f. & cert. ef. 8-3-04 SPD 24-2003, f. 12-29-03, cert. ef. 1-1-04
411-320-0200 Variances (1) A variance that does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws may be granted to the CDDP if there is a lack of resources to meet the standards required in these rules and the alternative services, methods, concepts, or procedures proposed shall result in services or systems that meet or exceed the standards in these rules. All variances must be submitted to the Department and approved by the Department prior to implementation. (2) The CDDP 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) A description of the alternative practice, service, method, concept, or procedure proposed, including how the health and safety of individuals receiving services shall be protected to the extent required by these rules; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) Signed documentation from the CDDP reflecting the justification for the proposed variance. (3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the CDDP within 45 days from the receipt of the variance request by the Department. (4) The CDDP may request an administrator review of the denial of a variance request by sending a written request for review to the Director. The decision of the Director is the final response from the Department. (5) The Department determines the duration of the variance. (6) The CDDP may implement a variance only after written approval from the Department. The intergovernmental agreement is amended to the extent that the variance changes a term in that agreement. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662-695 History: APD 41-2014, f. 12-26-14, cert. ef. 12-28-14 SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 9-2009, f. & cert. ef. 7-13-09 SPD 28-2004, f. & cert. ef. 8-3-04 SPD 24-2003, f. 12-29-03, cert. ef. 1-1-04
411-323-0010 Statement of Purpose for Agency Certification and Endorsement (1) The rules in OAR chapter 411, division 323 prescribe standards, responsibilities, and procedures for agencies to obtain a certificate and endorsement in order to deliver the following person-centered services and supports to individuals with intellectual or developmental disabilities in a community-based setting: (a) OAR chapter 411, division 304 for professional behavior services. (b) OAR chapter 411, division 325 for 24-hour residential programs and settings. (c) OAR chapter 411, division 328 for supported living programs. (d) OAR chapter 411, division 345 for employment services. (e) OAR chapter 411, division 348 for host home programs and settings. (f) OAR chapter 411, division 380 for direct nursing services. (g) OAR chapter 411, division 450 for community living supports. (2) To deliver the services and supports described in section (1) of this rule, agencies must have all of the following: (a) A certificate to provide services in the state of Oregon as described in OAR 411-323-0030. (b) An endorsement for each developmental disabilities program service as described in OAR 411-323-0030. (c) An Agency Identification Number assigned by the Department as described in OAR chapter 411, division 370. (d) For each licensed site where direct services are to be delivered, a Medicaid Performing Provider Number assigned by the Department as described in OAR chapter 411, division 370. Statutory/Other Authority: ORS 409.050, 427.024, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.024, 427.104, 430.215, 430.610 & 430.662 History: APD 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026 APD 16-2023, amend filed 09/30/2023, effective 10/01/2023 APD 44-2019, amend filed 10/29/2019, effective 11/01/2019 APD 21-2019, amend filed 06/28/2019, effective 07/01/2019 APD 29-2017, amend filed 11/30/2017, effective 12/01/2017 APD 25-2016, f. & cert. ef. 6-29-16 APD 35-2015(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 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 12-2011, f. & cert. ef. 7-1-11 SPD 12-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
411-323-0029 Medicaid Agency Executive Director Orientation (1) The person identified as the executive director in an initial application, as defined in OAR 411-323-0020, must successfully complete the orientation offered by the Department for the initial application to be considered. Documentation of successful completion of the orientation must be included with the initial application as described in OAR 411-323-0030(3). (2) A person newly designated as the executive director of a certified agency must successfully complete the orientation offered by the Department within 90 calendar days of being designated as the executive director. Documentation of successful completion of the orientation must be provided to the Department within 90 calendar days of the executive director's designation. Failure to pass the orientation may result in: (a) Denial, suspension, or revocation of an agency's certificate. (b) The attachment of one or more conditions to an agency's certificate. (3) This rule does not apply to a person who has acted as an executive director for at least three years at an agency certified in Oregon under these rules. (4) A person who successfully completes the orientation must assume the position of executive director of an agency within one year of completing the orientation. Failure to assume the role of executive director within a year of completing the orientation renders the orientation for the person void. Statutory/Other Authority: ORS 409.050, 427.024, 427.104 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.007, 427.024, 427.104, 430.215, 430.610 & 430.662 History: APD 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026 APD 16-2023, amend filed 09/30/2023, effective 10/01/2023 APD 54-2022, adopt filed 12/15/2022, effective 12/15/2022 APD 29-2022, temporary adopt filed 06/25/2022, effective 07/01/2022 through 12/27/2022
411-323-0070 Variances (1) The Department may grant a variance to these rules or the corresponding program 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; and (d) If the variance applies to the services for an individual, evidence that the variance is consistent with the currently authorized ISP for the individual. (3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the agency, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the receipt of the variance request. (4) The agency may request an administrative review of the denial of a variance request. The Department must receive a written request for an administrative review within 10 business days from the receipt of the denial. The decision of the Director is the final response from the Department. (5) The duration of the variance is determined by the Department. (6) The agency may implement a variance only after written approval from the Department. Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & SB 1548 (2022 OR Law, Ch. 91) Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.215, 430.610, 430.662 & SB 1548 (2022 OR Law, Ch. 91) History: APD 16-2023, amend filed 09/30/2023, effective 10/01/2023 APD 25-2016, f. & cert. ef. 6-29-16 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 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 12-2011, f. & cert. ef. 7-1-11 SPD 12-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11
411-325-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 325 prescribe standards, responsibilities, and procedures for 24-hour residential programs delivering home and community-based services to individuals with intellectual or developmental disabilities in 24-hour residential settings. (2) These rules incorporate the provisions for home and community-based services and settings, person-centered service planning, and individually-based limitations, set forth in OAR chapter 411, division 004. (3) These rules and the rules in OAR chapter 411, division 004 ensure individuals with intellectual or developmental disabilities receive services in settings that are integrated in and support the same degree of access to the greater community as people not receiving home and community-based services. (4) Effective September 1, 2018, each 24-hour residential setting must be in full compliance with the requirements for home and community-based services and settings set forth in OAR chapter 411, division 004. All setting and individually-based limitation requirements of home and community-based settings and services must be fully implemented. 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 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
411-325-0030 Issuance of License for a 24-Hour Residential Setting (1) No person, agency, or governmental unit acting individually or jointly with any other person, agency, or governmental unit shall establish, conduct, maintain, manage, or operate a 24-hour residential program without being licensed for each 24-hour residential setting. (2) A license is not transferable and is only applicable to the location, home, agency, management agent, or ownership indicated on the application and license. (3) PRIORITIZED APPLICATIONS. (a) The Department may prioritize the review of an initial application for a license when: (A) One or more individuals has an unmet need and there is not an available provider that can meet the need; or (B) There is not an available provider in the geographic community chosen by an individual. (b) Factors that may be considered to prioritize an application include, but are not limited to: (A) Applicant’s ability to deliver service in a geographic location lacking the service. (B) Specialized skills or support possessed by the applicant that may mitigate barriers to an individual’s receipt of developmental disabilities services. (C) Applicant’s demonstrable fluency in a language other than English when an individual’s ability to benefit from or direct supports in that language is likely. The applicant’s policies must describe how the agency will communicate in the individual’s primary language and English, and the strategies to recruit staff who are bilingual in the language and to engage translation services. (4) The Department issues a license to an applicant found to be in compliance with these rules and the rules in OAR chapter 411, divisions 004, 304, 318, and 323. A license is in effect for two years from the date issued unless revoked or suspended. (5) The Department may not issue a new license to an applicant that holds a license issued under these rules if: (a) Any license issued under these rules held by the applicant has a condition attached as described in OAR 411-325-0060. (b) The agency has an unresolved serious violation identified in a serious violation letter as defined in OAR 411-323-0020. Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 409.010, 427.007, 427.026, 427.101, 427.104, 430.215, 430.610, 430.662, 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 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 13-2019, amend filed 02/14/2019, effective 02/15/2019 APD 24-2016, f. & cert. ef. 6-29-16 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
411-325-0050 License Expiration, Termination of Operations, and License Return for 24-Hour Residential Settings (1) Unless revoked, suspended, or terminated earlier, each license to operate a residential home expires two years following the date of issuance. (2) If the operation of a home is discontinued for any reason, the license is considered to have been terminated. (3) Each license is considered void immediately if the operation of a home is discontinued by voluntary action of the licensee. Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455 Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662, 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 1-2026, amend filed 01/12/2026, effective 01/15/2026 APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026 SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04