justicedao/ipfs_state_laws huggingface dataset:
411-002-0110 Designation of Area Agencies on Aging (1) Each Planning and Service Area shall have only one designated Area Agency on Aging. (2) The Administrator of the Division shall designate Area Agencies on Aging. (3) The designation shall comply with the Older Americans Act by giving right of first refusal in designating new Area Agencies on Aging to a unit of general purpose local government, of which the boundaries, and the boundaries of the proposed Planning and Service Area, are reasonably contiguous. If a unit of local government does not exercise this right, the Division shall give preference to an established office on aging. (4) A designated Area Agency on Aging shall be: (a) An office or agency of a unit of general purpose local government, which is selected by the chief elected official of the unit to serve as an Area Agency; or (b) Any office or agency designated by the appropriate chief elected officials of any combination of units of general or general and special purpose local government formed in accordance with ORS Chapter 190; or (c) A private nonprofit organization. (5) Unless otherwise requested by the applicant and approved by the Division, designation of new Area Agencies on Aging become effective at the beginning of the state fiscal year, July 1. (6) Prior to making a decision on designation of a new Area Agency on Aging, the Division shall conduct an on-site review to determine the capacity of the applicant to perform the functions of an Area Agency on Aging. (7) Denial of an application for designation as an Area Agency on Aging may be appealed to the Division for an Administrative Review. Such an appeal must be made in writing and received by the Division within 30 days of the notice of denial. The Division will conduct an Administrative Review and a written decision will be issued by the Division within 30 days of the completion of the Administrative Review. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99 SSD 3-1986, f. & ef. 2-5-86
411-002-0130 Designation of a Type B1 Area Agency on Aging (1) A designated Type B1 Area Agency on Aging shall meet the requirements of OAR 411-002-0110. (2) Notwithstanding OAR 411-002-0110(4), a designated Type B1 Area Agency on Aging shall be: (a) An office or agency of a unit of general purpose local government which is designated by the Chief elected official of the unit to serve as an Area Agency; or (b) Any office or agency designated by the appropriate chief elected officials of any combination of units of general or general and special purpose local government formed in accordance with ORS Chapter 190. (3) Designation as any category of Type B1 area agency on aging requires written notice to the Division at least six months prior to the proposed implementation of change of status. The Division will notify the Governor’s Commission on Senior Services and the Oregon Disabilities Commission. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99
411-002-0140 Type B1 Area Agency on Aging Applicant Requirements (1) It is the responsibility of the applicant to submit sufficient information and supporting documentation to allow the Division to make a decision on a type B1 designation. (2) A Type B1 Area Agency on Aging applicant shall meet the requirements of OAR 411-002-0120 and the following additional requirements: Mandatory Functions — An applicant must submit information that specifically addresses the mandatory functions required of a Type B1 Area Agency on Aging. These functions are outlined as follows: (a) Staffing Functions — A Type B1 area agency on aging must have an adequate number of qualified staff, including case management capability, to operate the Medicaid program for the elderly. Staffing patterns must be clearly identified for personnel who are assigned Medicaid program responsibility. Staffing must adhere to standards established by the Division. (b) Planning Functions — Type B1 Area Agencies on Aging are required to provide a plan describing how the agency intends to: (A) Administer the Medicaid programs for the elderly in the PSA and how the Medicaid programs will be integrated into the overall service delivery system; and (B) Assure that elderly Medicaid recipients in the area have reasonable access to information and services; and (C) Include any necessary interagency agreements that affect the operation of the B1 Area Agency on Aging. The Type B1 Area Agency on Aging will coordinate with the local Disability Services Office(s) in its area to insure services that affect both the elderly and disabled occur in a timely and effective manner. (D) Basic Service Delivery Requirements — B1 area agencies on aging are required to meet basic Medicaid service delivery requirements as required by the Division. (E) Management Control Functions — B1 area agencies on aging must establish policies and procedures to accomplish Medicaid program goals as required by the Division. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99
411-002-0150 Designation and Requirements of Type B2 Area Agencies on Aging A Type B2 Area Agency on Aging must meet the requirements of OAR 411-002-0110, 411-002-0120, 411-002-0130 and the following additional requirements: Mandatory Functions — All information submitted by the applicant must specifically address mandatory functions required of a B2 Area Agency on Aging. These functions are outlined as follows: (1) Staffing Functions — B2 Area Agencies on Aging must have an adequate number of qualified staff, including case management, to operate the program for disabled Medicaid recipients. (2) Planning Functions — B2 Area Agencies on Aging are required to develop and administer an Area Plan for a comprehensive and coordinated service delivery system in the Planning and Service Area. The applicant shall submit the following documentation: (a) A plan describing how the new agency intends to: (A) Assure the kinds and levels of services needed by disabled Medicaid recipients in the area, and how these findings will be integrated into the planning process; and (B) Assure that disabled Medicaid recipients in the area have reasonable access to information and services; and (b) Include any necessary interagency agreements that affect the operation of the Area Agency on Aging. (3) Disability Services Advisory Council Functions — A disability Services Advisory Council will be established to provide a way of obtaining formal opinions and recommendations from the disabled population in the area. Toward ensuring that this step will be taken, the applicant shall prepare preliminary materials on the following: (a) Intended composition of the Advisory Council and time table for making the initial appointments; (b) Frequency of Advisory Council meetings; (c) Expectations for staff support to the Advisory Council; (d) Copy of the bylaws of the Disability Services Advisory Council specifying roles and functions of the Council. (4) Basic Delivery Requirements — B2 Area Agencies on Aging are required to meet basic service delivery requirements as required by the Division. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99
411-002-0160 Changing from a Type A or Type B1 AAA to a Type B2 AAA (1) Type A or Type B1 Area Agencies on Aging may request to change their model of service delivery to a Type B2 Area Agency on Aging. The process for requesting the change is as follows: (a) The AAA notifies the Division in writing of its interest in changing to a Type B2 AAA. (b) The Division will inform the Governor’s Commission on Senior Services, the Oregon Disabilities Commission and the local Disability Services Advisory Council and Senior Advisory Council and provide opportunity for local input. (c) The AAA will provide notice to affected populations and constituencies at the local level of its intent to pursue a Type B2 model of service delivery. (d) The AAA will involve affected stakeholders in the development of a process that includes identifying any issues of concern, a process to address these concerns, and the development of a service delivery plan. (e) The AAA will hold public hearings within the local area during the planning process to receive comments and recommendations on the issues of concern and the service plan. (f) The Senior Advisory Council and Disability Services Advisory Council will certify in writing that they have been involved in developing the plan. (g) Once the plan has been approved by the Division, the operating level (office, division, or department of local jurisdiction) of the AAA will amend its name to reflect the inclusion of services to people with disabilities. (2) If the request for a change to an Area Agency on Aging designation is denied by the Division, the Area Agency on Aging may appeal the decision by following the procedures outlined in OAR 411-002-0110(7). Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99
411-002-0170 Withdrawal of Area Agency on Aging Designation (1) In carrying out provisions of the Older Americans Act and ORS 410.100, the Division must withdraw the agency designation whenever it, after reasonable notice and opportunity for an Administrative Review and efforts at problem resolution have been exhausted, finds that: (a) An area agency does not meet the requirements of 45 CFR 1321; or (b) There is evidence of non-compliance with provisions of the Area Plan contract. (2) If the Division withdraws an Area Agency’s designation under section (1) of this rule, it shall: (a) Provide a plan for the continuity of services in the affected Planning and Service Area; and (b) Designate a new Area Agency in the Planning and Service Area in a timely manner. (3) After its final decision to withdraw designation of an Area Agency and if necessary to ensure continuity of services in a Planning and Service Area, the Division may, for a period up to 180 days, and with approval of the Commissioner on Aging, an added 180 days: (a) Perform the responsibilities of the Area Agency; or (b) Assign the responsibilities of the Area Agency to another agency in the Planning and Service Area. Statutory/Other Authority: ORS 410.070 Statutes/Other Implemented: ORS 410.210 - 410.300 History: SDSD 9-1999, f. & cert. ef. 11-1-99, Renumbered from 411-002-0115 SSD 3-1986, f. & ef. 2-5-86
411-004-0000 Statement of Purpose The rules in OAR chapter 411, division 4 provide a foundation of standards to support the network of Medicaid-funded and private pay residential and non-residential Home and Community-Based Services (HCBS), Home and Community-Based (HCB) settings, and person-centered service planning for individuals receiving HCBS in Oregon. Additional standards are set forth in OAR chapters 309 and 411. (1) These rules are consistent with the missions and goals of the Department of Human Services (DHS) and the Oregon Health Authority (OHA) to help people achieve optimum physical, mental, and social well-being and independence. (2) These rules ensure that individuals receive HCBS in settings that are integrated in and support the same degree of access to the greater community as people not receiving HCBS, including opportunities for individuals enrolled in or utilizing HCBS to: (a) Seek employment and work in competitive integrated employment settings; (b) Engage in greater community life; (c) Control personal resources; and (d) Receive services in the greater community. (3) These rules implement the regulations and expectations of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) in the following areas: (a) HCBS and HCB settings authorized under the following Medicaid authorities: (A) 1915(c) — HCBS Waivers; (B) 1915(i) — State Plan HCBS; or (C) 1915(k) — Community First Choice (K State Plan Option). (b) HCBS and HCB settings delivered through the following program areas: (A) DHS, Aging and People with Disabilities; (B) DHS, Office of Developmental Disabilities Services; and (C) OHA. (c) Programs, services, or settings designated as HCB and licensed, certified or endorsed by, and receiving oversight from, DHS, or OHA. (d) Alternative resources specifically authorized as HCB by DHS or OHA. (e) Person-centered service plans for individuals receiving HCBS. Person-centered service plans provide the written details of the supports, desired outcomes, activities, and resources required for individuals to achieve and maintain personal goals and health and safety. Statutory/Other Authority: ORS 409.050, 413.042 & 413.085 Statutes/Other Implemented: ORS 409.050, 413.042 & 413.085 History: APD 15-2017, f. 6-26-17, cert. ef. 7-1-17 APD 23-2015, f. 12-15-15, cert. ef. 1-1-16
411-005-0010 Disclosure of Information to the Client or Third Party This rule applies to programs covered by chapter 411 of the Oregon Administrative Rules. (1) Except as provided in section (2) of this rule and OAR 410-014-0030: (a) The Department must make information in a client case record or record of service as defined in 411-320-0070 available to the client or anyone authorized by the client. (b) Information that was obtained from a third party, becomes part of the case record of the client and is available to the client. (c) Case record information may be requested by the client and released to the client or third party by telephone. The client must satisfy the local office as to their identity. A verbal authorization from the client is permitted to allow verbal release of case record information specified by the client to third parties. Each authorization is valid for a period of 30 days from the date the authorization is given verbally, unless a shorter time period is given. (2) The Department may withhold from clients information that was obtained from a confidential informant if all of the following are true: (a) The information was submitted to the Department in confidence. (b) The information was not required by law to be submitted. (c) The information can reasonably be considered confidential. (d) The Department has obliged itself not to disclose the information. (e) The information is not a part of the case record. (f) The public interest would suffer if the information were disclosed. (3) An employee designated by the Department or local office must be present while the client or the authorized third party has access to the case record. No one except a Department or local office employee is allowed to remove any material from the case record. (4) Except for HIV information and the provisions in 411-005-0045, client information may be exchanged with other governmental or private, non-profit agencies if necessary to assist the individual in accessing other governmental or private, non-profit services that will benefit or serve the individual. Reasonable efforts must be made to obtain authorization in advance. (5) Disclosure of individually identifying information concerning clients without their authorization is allowed for purposes outlined in 410-014-0020 and for purposes directly connected with: (a) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of an assistance or service program; or (b) The administration of any other federal or federally assisted program which provides assistance in cash, in-kind or services directly to individuals on the basis of need. (6) The Department will disclose only the minimum amount of information necessary for the purpose. The "minimum necessary" standard is described in OAR 410-014-0040. Statutory/Other Authority: ORS 410.140, 410.150 & 411.060 Statutes/Other Implemented: ORS 410.140, 410.150, 411.060, 411.300 & 411.320 History: SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06 SSD 1-1984, f. & ef. 2-1-84
411-005-0015 Release of Information to a Law Enforcement Officer For any program covered by OAR chapter 411: (1) The Department may provide client information only to a law enforcement officer in any of the following situations: (a) The law enforcement officer is involved in carrying out public assistance laws, or any investigation, criminal or civil proceedings connected with administering the Department’s benefit programs. (b) The disclosure is required or authorized by statute or administrative rule. (2) The Department may give a client's current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the client’s name, and states that the client: (a) Is a fugitive felon or is violating parole or probation; or (b) Has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the client is within the officer's official duties. (3) The Department will notify the Oregon State Police with the name, address, and other requested identifying information of an client individual who receives services, benefits, or assistance, if the Department is aware of a pending warrant for the arrest of a client. Statutory/Other Authority: ORS 410.140 & 410.150 Statutes/Other Implemented: ORS 410.140, 410.150 & 659A.212 History: SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06 SSD 1-1984, f. & ef. 2-1-84
411-005-0020 Release of Information to a State or Federal Legislative Body or Committee (1) The Department may not disclose any information identifying any client by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body without written consent of the client. (2) The Department may disclose the minimum necessary information about a client to a public official who has been asked by the client to review an action taken by the Department. Statutory/Other Authority: ORS 410.140 & 411.300 Statutes/Other Implemented: ORS 410.140 & 410.150 History: SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06 SSD 1-1984, f. & ef. 2-1-84
411-005-0035 Release of Information in Judicial Proceedings (1) Client specific information must not be divulged in any judicial proceeding unless: (a) The proceeding is directly connected with administration of public assistance or service under chapter 411 of the Oregon Administrative Rules; or (b) The client has given written authorization for release of specific information at the judicial proceeding; or (c) A judge orders the release of the information. (2) Except in the presence of one of these three conditions, no information will be released in any form during any stage of a judicial proceeding either voluntarily or as the result of a subpoena. (3) When appearing before the court in a judicial proceeding where the proceeding are not directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules and there is no written client authorization that permit the release of information, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 411.117, 411.320, and 418.130). The employee requests the court's guidance about testifying under the statutes. Statutory/Other Authority: ORS 410.140 & 411.300 Statutes/Other Implemented: ORS 410.150 History: SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06 SSD 1-1984, f. & ef. 2-1-84
411-005-0045 Release of Alcohol and Drug and Mental Health Reports (1) Unauthorized use, disclosure and redisclosure of alcohol and drug treatment information and mental health information is prohibited. (2) A client has the right to restrict to what entity or person and for what purpose treatment information may be disclosed. (3) The client’s right to limit use and disclosure of alcohol and drug and mental health information must be communicated to the client. Statutory/Other Authority: ORS 410.140 & 411.300 Statutes/Other Implemented: ORS 410.140 & 410.150 & 179.505 History: SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06 SSD 1-1984, f. & ef. 2-1-84
411-011-0000 Provision of Services by Area Agencies on Aging (AAAs) (1) “No supportive or nutrition services will be directly provided by the State agency or an Area Agency on Aging, except where, in the judgment of the State agency, provision of such services by the state agency or an Area Agency on Aging is necessary to assure an adequate supply of such services, or where such services are directly related to such State or Area Agency on Aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or Area Agency on Aging.” (Older Americans Act, as amended through 1984, Section 307(a)(10)). (2) In districts where the county has been designated the Area Agency on Aging and where the county has multiple responsibilities for health and social service delivery, services may be provided through an interagency agreement between the Area Agency on Aging and the pertinent health or social services components of the county. (3) Decision of the Seniors and People with Disabilities Division on provision of services shall be based on the following criteria: (a) Adequacy of supply; (b) Administrative functions: (A) Program Development, Coordination, Advocacy, Title XIX Case Management, and Oregon Project Independence Case Management at the option of the Area Agency on Aging are considered integral to AAA administration; (B) The AAA may also provide service(s) directly when it can demonstrate, on the basis of documentation in the area plan, that it would not be practical to separate the service(s) from the AAA’s overall administrative functions. The services which may be directly related to administrative functions are: non-Title XIX Case Management, Information and Referral and Meal Site Supervision. (c) Quality and Economy — This will be based upon the competitive process as specified under OAR 411-011-0005(2). Statutory/Other Authority: ORS 411.070 Statutes/Other Implemented: ORS 410.240, 410.250, 410.270 & 410.280 History: SSD 4-1986, f. & ef. 2-20-86