justicedao/ipfs_state_laws huggingface dataset:
411-020-0130 APS Risk Management (1) APS risk management is the process by which APS provides short-term active assessment and intervention to an alleged victim. (2) Referral to APS risk management is appropriate: (a) After the abuse and self-neglect investigation is completed. (b) When the alleged victim would benefit from protective services, but the situation does not meet criteria for an investigation and all of the following apply: (A) Assessment indicates the alleged victim is at risk of serious harm. (B) The alleged victim is eligible for Adult Protective Services under OAR 411-020-0015. (C) Continued protective services may reduce the risk of harm. (D) There is no other source of case management or protective services available to the alleged victim. (c) When otherwise directed by APD or AAA executive management to respond to reported serious harm of a vulnerable adult. (3) APS risk management includes: (a) The development and implementation of an individualized plan to reduce the risk of harm to the alleged victim; (b) Regular active contact with the alleged victim to reassess the risk of harm and the effectiveness of interventions; and (c) Documentation of assessments and interventions. (4) APS risk management continues until assessment demonstrates that: (a) The level of harm has been reduced to an acceptable level; or (b) APS involvement no longer benefits the alleged victim. (5) Approval by a supervisor or designee must be required to continue an APS risk management case beyond one year. Statutory/Other Authority: ORS 124.065, 124.070, 409.010, 410.020, 410.040, 410.070, 411.060 & 411.116, 443.450, 443.765, 443.767 Statutes/Other Implemented: ORS 124.050 - 124.095, 409.010, 410.020, 410.040, 410.070, 411.060 & ORS 411.116, 443.767 History: APD 44-2018, amend filed 12/27/2018, effective 12/27/2018 APD 16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through 12/27/2018 APD 37-2014, f. 11-24-14, cert. ef. 1-1-15 SPD 8-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 6-2005, f. 4-29-05, cert. ef. 7-1-05
411-025-0000 Information and Referral Service Information and Referral Service is defined as a service to be provided by the Seniors and People with Disabilities Division to adults 18 years of age and older who request information and referrals regarding community, medical, and social resources which might be available to meet their need for such resources. Information and Referral Service: (1) Shall be provided to persons who request such service or to persons who request such service in behalf of other persons. (2) Shall be available without regard to a person’s eligibility for public assistance. (3) Shall be available to the extent that the sharing of such information does not violate any state or federal law or rule regarding confidentiality. (4) Shall include a follow-up with those community, medical, and social resources which provide or make available such services to meet the person’s request. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: Renumbered from 461-011-0500, AFS 69-1981, f. 9-30-81, ef. 10-1-81 PWC 769, f. 10-20-75, ef. 10-25-75 PWC 750(Temp), f. 8-18-75, ef. 8-21-75
411-026-0000 Purpose and Scope (1) The Department of Human Services (Department), Seniors and People with Disabilities Division (Division) has the authority and responsibility to provide protective services to older adults, age 65 or older, and adults with physical disabilities. For the purpose of providing protective services and administration of services under ORS Chapter 410, the Division may request protections from a court under ORS Chapter 125 for an individual who is functionally incapacitated or financially incapable. (2) The Division's scope when requesting protections under ORS Chapter 125 includes: (a) Subject to contractual limitations and budgetary constraints, the Division may pay towards the costs of the petition and the protective proceeding under ORS Chapter 125 when there are no other available resources, or when less restrictive interventions are not available, to protect an older adult or an adult with physical disabilities. (b) For a protective proceeding, or in the case of an existing protective order issued under ORS Chapter 125, the Division may inform and provide confidential information to the court to prevent or lessen a serious and imminent risk to health and safety of an older adult or adult with physical disabilities. The Division may also provide information about the fiduciary for the purpose of the petition or to report abuse when there is substantiated abuse or a failure to protect by the fiduciary. (3) The rules in OAR chapter 411, division 026 also establish guidelines for the nomination and payment of legal costs for conservators when necessary to preserve, recover, and locate the individual’s assets for the benefit of the individual to obtain and maintain Department benefits and services, and for estate recovery of public assistance. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 125.012 & 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-026-0020 Eligibility for State Payment When a protective order is the appropriate action to protect an individual, the Division may pay towards the costs of the proceeding for a protective order for an individual who: (1) Is age 65 years or older or is age 18 or older with a physical disability; (2) Is functionally incapacitated or financially incapable; (3) Is unable to make informed choices because he or she lacks the ability to understand the current situation, understand the options available and their likely consequences, and reasonably choose from among those options and communicate the choice; (4) Is in imminent and serious danger of harm to health, safety, or loss of property or resources; (5) Has no means, family, or other person or entity able to pay for the protective proceeding, or family or other person or entity that has the ability or willingness to petition for the responsibility for the safety and welfare of the individual; (6) Shall benefit directly from having a guardian or conservator; and (7) All available lesser restrictive options to protect his or her health and safety are exhausted or are not feasible. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-026-0030 Screening (1) The local office shall complete a screening of the individual for whom a guardian or conservator is sought. The screening shall: (a) Provide specific objective evidence of functional incapacitation or financial incapability; (b) Address whether the individual's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that he or she presently lacks the essential requirements for: (A) His or her health or safety; or (B) Managing his or her financial resources. (c) If a conservatorship is not required with a guardianship, determine if the guardian or other person or entity needs to exercise powers over the individual’s resources; (d) Demonstrate that a protective order is necessary to prevent or lessen a serious and imminent threat of harm to the individual; and (e) Recommend the most appropriate type of protective order, as follows: (A) Temporary order (emergency order) when there is an imminent and serious danger that needs immediate action. (B) Limited order when the incapacitated individual needs some but not all decisions to be made by someone else. (C) Full order when it is demonstrated that long-term and substantial decision-making is needed for the continuing care, comfort, and maintenance of the incapacitated individual. (D) Other protective orders that may be a less restrictive option. (2) Unless unattainable, a professional clinical evaluation to determine the individual's capacity to make decisions shall accompany the assessment. (3) The local office staff may recommend a person to act as a fiduciary. This may be a family member, friend, public or community guardianship program, or a private case manager. Within the capacity of the Division's existing services, procedures, and resources, the local office shall make reasonable efforts to inquire if the person is suitable to act as a fiduciary. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-026-0050 Assignment of Attorney Central office shall establish a list of contracted attorneys to be used by the Department to pursue guardianships, conservatorships, and probate matters. Central office shall nominate an attorney from the list to be the petitioning attorney. The attorney names shall be placed on a geographical list and, unless circumstances require otherwise, be assigned on a rotating basis. Central office may assign a specific attorney in limited circumstances that require a specialized legal need. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-026-0060 Request and Authorization for Payment (1) The local office shall submit to the central office a request for payment for a protective proceeding. Payment may be for attorney fees for the preparation of a petition to the court and the protective proceeding including paid court fees and court visitor fees. The request shall use forms and procedures established by central office. (2) The local office shall vigorously pursue any means for private, pro-bono, or another agency payment of the protective proceeding before requesting payment from the Division. (3) The Division shall not authorize payment for guardianship proceedings solely for the provision of medical care or hospitalization. (4) The local office shall make reasonable efforts to identify and provide the petitioning attorney with any information about existing fiduciaries including but not limited to an agent for power of attorney, health care representative (advanced directives), guardian, conservator, trustee, or representative payee. (5) The local office shall make reasonable efforts to identify and provide the petitioning attorney with the names and addresses of interested parties that are required to receive notice under Oregon law. (6) When payment for a requested guardianship or conservatorship is recommended, the central office shall authorize payment by nominating an attorney who has a contract with the Department for protective proceedings and probate matters. The local office shall then contact the attorney and provide the information necessary to petition the court. To be paid through his or her contract with the Department, the attorney must submit a detailed invoice to central office for attorney fees, court fees, and court visitor fees. Payment shall be limited to the amount set forth in the contract. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-026-0070 Disclosure of Information (1) In the absence of an individual’s authorization for disclosure, a local office may disclose the individual’s confidential information or information about the fiduciary or proposed fiduciary when the disclosure is ordered by a court or is: (a) Reasonably necessary to prevent or lessen a serious and imminent threat to the individual’s health or safety; and (b) The minimum amount of information to sufficiently achieve the legal requirements of the petition and the protective proceeding and to adequately report abuse to the court. (2) The local office staff shall identify and mark any information or documents for the petitioning attorney, court visitor, or the court that are to be treated as confidential or protected. If the local office staff verbally presents confidential or protected information to the petitioning attorney, court visitor, or the court, then the staff shall request that the information be treated as confidential and protected as required under ORS 125.012 to prevent further disclosure to the general public. (3) For the purposes of petitioning the court for a protective order, the local office shall request that the: (a) Petitioning attorney or person or entity presenting confidential information to the court not disclose Department confidential information that is not identified and marked as confidential and protected; (b) Disclosure of the confidential information be limited to the parties to the proceeding and their counsel or as otherwise ordered by the court; (c) Petition is written so as to disclose only the minimal amount of confidential information that is specifically necessary to interested parties who are required to receive notice of the petition, but who are not active parties to the proceedings; (d) Petition contains language, or there is a motion to seal confidential Department information disclosed to the court, including the petition, visitor’s report, and any Department provided documents, to prevent further disclosure of the confidential information to the public; and (e) Petitioning attorney follows the Uniform Trial Court Rules 2.100 and 2.110 or similar county court rules for guidance on the treatment of confidential and protected Department information. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 125.012 & 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-026-0080 Estate Administration (1) An individual who receives public assistance through the Department, who is financially incapable, and whose assets need protection, recovery, or for whom disposition of excess property is needed to maintain eligibility for services or benefits, may be referred to the Department's Estate Administration Unit for nomination of a conservator under this rule. The local office shall use forms and procedures established by the Department's Estate Administration Unit. (2) In determining whether or not a conservatorship should be pursued, the Department's Estate Administration Unit shall consider, including but not limited to, the following factors: (a) Whether the individual is receiving public assistance from the Department. (b) Whether the individual is financially incapable. (c) The cost effectiveness of pursuing a conservatorship including but not limited to: (A) The likelihood that the assets of the conservatorship estate shall be sufficient to cover expenses and be a benefit to the client; or (B) The ability to successfully retrieve assets that may have already been conveyed to another person or entity can be successfully retrieved. (d) The availability of an appropriate conservator or entity to manage the financial affairs of the individual. (3) When the individual is receiving public assistance, the Department's Estate Administration Unit shall coordinate the nomination of a conservator with the local office providing that assistance. (4) The conservator shall be paid through the assets of the individual's estate as ordered by the court and in accordance with the Department's contract provisions where a contract has been entered into with the attorney nominated in the matter. When there are no assets from which to pay the costs of establishing or pursuing the conservatorship, the Department may pay the costs as provided through an established contract with the Department. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SPD 20-2010, f. 7-30-10, cert. ef. 8-1-10 SPD 30-2007, f. 11-27-06, cert. ef. 12-01-06 SSD 9-1996, f. & cert. ef. 10-15-96
411-027-0125 Distressed Provider Relief Fund The Department may authorize a payment to a Medicaid Assisted Living Facility, Residential Care Facility or Memory Care (Endorsed Units Only) who meet the criteria described in OAR chapter 411, division 029. The Department will prioritize payments based on available funding and maintains sole authority to determine which providers will receive funding. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 2-2023, adopt filed 02/08/2023, effective 02/10/2023 APD 41-2022, temporary adopt filed 08/19/2022, effective 08/19/2022 through 02/14/2023
411-027-0150 Repayment of Premium Deposits for Workers' Compensation Those providers on whose behalf the Department made a Workers' Compensation premium deposit in accordance with OAR 411-027-0010 (suspended 2-8-91 and repealed 5-1-91) shall repay the deposit amount to the Department at such time that the need for the deposit no longer exists. The Department shall consider the need for the deposit no longer exists when certain conditions occur. Such conditions include, but are not limited to: (1) The provider sells, transfers, or otherwise goes out of business; (2) The provider enters into bankruptcy; (3) The provider's Workers' Compensation insurer no longer requires the deposit; or (4) The Department owes monies to a nursing facility at the time of each annual settlement. Such monies shall be applied against the premium deposit amount until such time the total deposit is recovered. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 33-2014, f. & cert. ef. 9-2-14 SPD 7-2008, f. 5-29-08, cert. ef. 6-1-08 SDSD 10-2001, f. 12-27-01, cert. ef. 1-1-02, Renumbered from 411-027-0015 SSD 9-1991, f. & cert. ef. 5-1-91 SSD 5-1991(Temp), f. & cert. ef. 2-8-91
411-027-0165 Temporary rule language in effect until 03/29/2026. Wage Transparency (1) This rule is for the following providers: Assisted Living Facilities, Residential Care Facilities, Memory Care (Endorsed Units Only), Adult Foster Homes and In-Home Agencies that hold Medicaid contracts or enrolled as a Medicaid provider with the State of Oregon and serve a material number of Medicaid individuals. For this rule, a material number is defined as a provider’s Medicaid census of at least 20 percent at each reporting timeline. (2) Establishment. Per the 2025 Legislative Session, the Department is directed to collect data from the Medicaid providers referenced in Section (1) of this rule. The specific information to be collected is the average hourly base pay of direct caregivers as of June 30, 2025, and August 30, 2026. (3) Timeliness. This is a Legislative requirement. As a requirement of all Medicaid Provider Enrollment Agreements (PEA) with the Department, all providers referenced in Section (1) of this rule must submit their responses in a format created by the Department or the Department may take action limiting the provider’s ability to serve Medicaid eligible individuals. Data for the average hourly base pay of direct caregivers as of June 30, 2025, must be submitted no later than November 30, 2025. Data for the average hourly base pay of direct caregivers as of August 30, 2026, must be submitted no later than November 30, 2026. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 13-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
411-028-0000 Purpose (1) The rules in OAR chapter 411, division 028 ensure case management services support the independence, empowerment, dignity, and human potential of older adult individuals and adult individuals with disabilities with the purpose of helping the individuals reside in their own home or in a community-based setting. (2) Case management services are a component of an individual's comprehensive, person-centered plan for services. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: SPD 46-2013, f. 12-13-13, cert. ef. 12-15-13 SPD 15-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
411-028-0010 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 028: (1) "Adult" means any person at least 18 years of age. (2) "Adult Protective Services" mean the services provided in response to the need for protection from abuse described in OAR chapter 411, division 020, OAR chapter 407, division 045, and chapter 943, division 045. (3) "Case Management" means the functions described in OAR 411-028-0020 performed by a case manager or higher level management staff. (4) "Case Manager" means a Department employee or an employee of the Department's designee that meets the minimum qualifications in OAR 411-028-0040 who is responsible for service eligibility, assessment of need, offering service choices to eligible individuals, service planning, service authorization and implementation, and evaluation of the effectiveness of Medicaid home and community-based services. (5) "Collateral Contact" means contact by a case manager with others who may provide information regarding an individual's health, safety, functional needs, social needs, or effectiveness of the individual's plan for services. Collateral contact may include family members, service providers, medical providers, neighbors, pharmacy staff, friends, or other professionals involved in the service coordination of an individual receiving Medicaid home and community-based services. (6) "Department" means the Department of Human Services. (7) "Designee" means an organization that the Department contracts with or has an interagency agreement with for the purposes of providing case management services. (8) "Disability" means a physical, cognitive, or emotional impairment which, for an individual, constitutes or results in a functional limitation in one or more of the activities of daily living defined in OAR 411-015-0006. (9) "Individual" means an older adult or an adult with a disability applying for or determined eligible for Medicaid home and community-based services. (10) "Medicaid Home and Community-Based Services" mean the services for older adults and adults with disabilities approved for Oregon by the Centers for Medicare and Medicaid Services. (11) "Older Adult" means any person at least 65 years of age. (12) "OSIPM" means Oregon Supplemental Income Program-Medical as defined in OAR 461-101-0010. OSIPM is Oregon Medicaid insurance coverage for individuals who meet eligibility criteria as described in OAR chapter 461. (13) "Representative" is a person either appointed by an individual to participate in service planning on the individual's behalf or a person with longstanding involvement in assuring the individual's health, safety, and welfare. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: APD 35-2014, f. & cert. ef. 10-1-14 APD 9-2014(Temp), f. 4-17-14, cert. ef. 4-21-14 thru 10-18-14 SPD 46-2013, f. 12-13-13, cert. ef. 12-15-13 SPD 15-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
411-028-0030 Eligibility for Case Management Services To be eligible for case management services a person must: (1) Be 18 years of age or older; (2) Be eligible for OSIP-M; and (3) Meet the functional impairment level within the service priority levels currently served by the Department as outlined in OAR 411-015-0010 and 411-015-0015. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.070 History: Reverted to SPD 46-2013, f. 12-13-13, cert. ef. 12-15-13 APD 9-2014(Temp), f. 4-17-14, cert. ef. 4-21-14 thru 10-18-14 SPD 46-2013, f. 12-13-13, cert. ef. 12-15-13 SPD 15-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13