justicedao/ipfs_state_laws huggingface dataset:
411-340-0120 Brokerage and Support Services (1) A brokerage must provide or arrange for the following services as required to meet individual support needs: (a) Case management as described in OAR chapter 411, division 415; and (b) Assistance with development and expansion of community resources required to meet the support needs of individuals served by the brokerage. (2) PARTICIPATION IN PROTECTIVE SERVICES. A brokerage and personal agent are responsible for the delivery of protective services, in cooperation with the CDDP when necessary, through the timely completion of activities necessary to address immediate health and safety concerns. (3) EMERGENCY PLANNING. A brokerage must ensure the availability of a written emergency procedure and disaster plan for meeting all civil or weather emergencies and disasters. The emergency procedure and disaster plan must be immediately available to the brokerage director and employees. The emergency procedure and disaster plan must be integrated with the county emergency preparedness plan, where appropriate, and include all of the following: (a) Provisions for coordinating with all developmental disabilities service provider agencies in the county and any Department offices, as appropriate. (b) Provisions for identifying individuals most vulnerable. (c) Any plans for health and safety checks, emergency assistance, and any other plans that are specific to the type of emergency. (d) Business continuity plans that are inclusive of business operation procedures in the event of a civil or weather related emergency. Statutory/Other Authority: ORS 409.050, 427.104, 427.115, 427.154 & 430.662 Statutes/Other Implemented: ORS 409.010, 427.005-427.163, 430.610, 430.620, 430.662 & 430.664 History: APD 5-2023, amend filed 05/01/2023, effective 05/01/2023 APD 15-2016, f. 6-28-16, cert. ef. 6-29-16 APD 32-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 44-2014, f. 12-26-14, cert. ef. 12-28-14 APD 26-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 13-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13 SPD 27-2011, f. & cert. ef. 12-28-11 SPD 10-2011, f. & cert. ef. 5-5-11 SPD 25-2010(Temp), f. & cert. ef. 11-17-10 thru 5-16-11 SPD 8-2009, f. & cert. ef. 7-1-09 SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08 SPD 17-2006, f. 4-26-06, cert. ef. 5-1-06 SPD 8-2005, f. & cert. ef. 6-23-05 SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03, Renumbered from 309-041-1860 MHD 4-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03 MHD 5-2002, f. 2-26-02, cert. ef. 2-27-02 MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02
411-345-0010 Statement of Purpose The purposes of the rules in OAR chapter 411, division 345 are to: (1) Effectuate Oregon’s Employment First policy, as described in the State of Oregon Executive Order No. 15-01 and OAR chapter 407, division 025, under which: (a) The employment of individuals with intellectual or developmental disabilities in competitive integrated employment is the highest priority over unemployment, segregated employment, or other non-work day activities. (b) For individuals who successfully achieve the goal of competitive integrated employment, future person-centered service planning focuses on maintaining employment, maximizing the number of hours an individual works, using the standard of obtaining at least 20 hours per week of work, consistent with the individual’s preferences and interests, and considering additional career or advancement opportunities. (c) Employment services are considered and provided on an individualized basis using a person-centered approach based on informed choice and consistent with the philosophy of self-determination. (2) Prescribe service standards and requirements for providers of home and community-based services in settings where employment services are delivered. These rules incorporate the provisions for home and community-based services and settings and person-centered service planning set forth in OAR chapter 411, division 004 to 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. (3) Prescribe the standards and procedures by which the Department endorses a provider agency to deliver employment services. (4) Prescribe service eligibility requirements for individuals with intellectual or developmental disabilities to receive employment services. Statutory/Other Authority: ORS 409.050, 427.007 & 427.104 Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154 History: APD 41-2019, amend filed 10/29/2019, effective 11/01/2019 APD 33-2017, amend filed 12/29/2017, effective 01/01/2018 APD 22-2016, f. & cert. ef. 6-29-16 APD 31-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 14-2011, f. & cert. ef. 7-1-11 SPD 14-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11 Renumbered from 309-047-0000, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 1-1997, f. & cert. ef. 1-31-97 MHD 13-1990, f. & cert. ef. 12-7-90 MHD 7-1990(Temp), f. & cert. ef. 6-12-90
411-345-0050 Reciprocal Compliance for Agency Service Providers (1) The Department may accept compliance with other formally recognized standards as assurance of compliance with all or part of these rules. (2) An employment service provider seeking an endorsement based on compliance with other standards must provide the Department with a copy of the complete detailed report from the reviewing group. Where there are differences between other standards and Oregon Administrative Rules, the Oregon Administrative Rules shall take precedence. Statutory/Other Authority: ORS 409.050 & 430.662 Statutes/Other Implemented: ORS 430.610, 430.662 & 430.670 History: APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 14-2011, f. & cert. ef. 7-1-11 SPD 14-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11 Renumbered from 309-047-0018, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 13-1990, f. & cert. ef. 12-7-90
411-345-0085 Reports and Recordkeeping (1) A provider must maintain progress notes regarding the employment service provided. (a) A progress note must include, at minimum, all of the following information regarding the service rendered: (A) Date and time the service was delivered. (B) Information regarding progress towards achieving the intended employment goal for which the employment service was utilized, including progress towards outcomes and milestones outlined in the Career Development Plan and the implementation strategies or plan. (C) At least every six months, documentation of the number of hours the supported individual works, the wages and level of benefits, as well as any opportunities presented to the individual for increased work hours. (D) Any discussion about work hours and related goals. (b) Progress notes must be made available upon request. (2) JOB DEVELOPMENT. A provider being paid for job development must report activity for each individual supported, at least monthly, to the individual's case management entity. (3) DISCOVERY PROFILE. A provider being paid for discovery must complete a Discovery Profile for each individual supported and submit the Discovery Profile to the individual's case management entity. (4) BENEFITS COUNSELING. A benefits counselor must document the outcome of benefits counseling, including the advisement provided to an individual regarding benefits and work incentives and whether a referral for additional benefits counseling was made. (5) Unless stated otherwise, all entries required by these rules must: (a) Be prepared at the time, or immediately following, the event being recorded; (b) Be accurate and contain no willful falsifications; (c) Be legible, dated, and signed by the person making the entry; and (d) Be maintained for no less than five years. (6) Failure to furnish written documentation upon the written request from the Department, the Oregon Health Authority, the Oregon Department of Justice Medicaid Fraud Unit, Centers for Medicare and Medicaid Services, or their authorized representatives, immediately or within timeframes specified in the written request, may be deemed reason to recover payment. (7) Records must be retained in accordance with OAR chapter 166, division 150, Secretary of State, Archives Division. (a) Financial records, supporting documents, statistical records, and all other records (except individual records) must be retained for at least three years after the close of a contract period. (b) Individual records must be kept for at least seven years. Statutory/Other Authority: ORS 409.050 & 427.007 Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154 History: APD 45-2018, amend filed 12/28/2018, effective 12/28/2018 APD 21-2018, temporary amend filed 07/02/2018, effective 07/02/2018 through 12/27/2018 APD 33-2017, amend filed 12/29/2017, effective 01/01/2018 APD 22-2016, f. & cert. ef. 6-29-16 APD 31-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
411-345-0090 Variances for Agency Service Providers (1) The Department may grant a variance to these rules based upon a demonstration by the agency service provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) The agency service provider requesting a variance must submit a written application to the CDDP or 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 of an individual, evidence that the variance is consistent with the currently authorized ISP for the individual. (3) The CDDP must forward the signed variance request form to the Department within 30 calendar days from the receipt of the request indicating the position of the CDDP on the proposed variance. (4) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the agency service provider, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the receipt of the variance request. (5) The agency service provider may request an administrative review of the denial of a variance. The Department must receive a written request for an administrative review within 10 business days from the receipt of the denial. The agency service provider must send a copy of the written request for an administrative review to the CDDP or the Department. The decision of the Director is the final response from the Department. (6) The duration of the variance is determined by the Department. (7) The agency service provider may implement a variance only after written approval from the Department. Statutory/Other Authority: ORS 409.050, 427.007 & 427.104 Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154 History: APD 41-2019, amend filed 10/29/2019, effective 11/01/2019 APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 1-2012, f. & cert. ef. 1-6-12 SPD 14-2011, f. & cert. ef. 7-1-11 Renumbered from 309-047-0040, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 1-1997, f. & cert. ef. 1-31-97 MHD 13-1990, f. & cert. ef. 12-7-90 MHD 7-1990(Temp), f. & cert. ef. 6-12-90 MHD 9-1983, f. & ef. 6-7-83 MHD 26-1982(Temp), f. & ef. 12-3-82
411-345-0095 Service and Payment Limitations (1) Employment service rates authorized in Department payment and reporting systems are paid to providers for delivering services, as described in these rules, and shall be based upon the Collective Bargaining Agreement and the Rate Schedule. (2) Only one hourly employment service may be billed per individual per hour. Payments based on an outcome for job development and discovery are not in conflict with payments made based on direct service delivery. (3) Employment services and payment for employment services are limited to the following: (a) 25 hours per week for any combination of job coaching, small group employment support, and employment path services. (b) 40 hours in any one week for job coaching if job coaching is the only service utilized. (4) Exceptions to the service and payment limitations may be considered by the Department based upon applicable Department policy. Statutory/Other Authority: 409.050, 427.007, 427.104 & 430.662 Statutes/Other Implemented: 427.154, 430.610, 430.662 & 430.670 History: APD 33-2017, amend filed 12/29/2017, effective 01/01/2018 APD 22-2016, f. & cert. ef. 6-29-16 APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 14-2011, f. & cert. ef. 7-1-11
411-345-0110 Individuals’ Rights and Individually-Based Limitations (1) INDIVIDUAL RIGHTS. (a) A provider agency must have and implement written policies and procedures protecting the individual rights described in OAR 411-318-0010 and encourage and assist individuals to understand and exercise their rights. (b) Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 must be provided to an individual and their legal or designated representative. (2) INDIVIDUALLY-BASED LIMITATIONS. (a) A provider may not place any limitations on an individual's right to freedom from restraint without an individually-based limitation, except in accordance with the standards for developmental disabilities services set forth in ORS 443.739, OAR chapter 411, or the relevant Title XIX Medicaid-funding authority. (b) When an individual's freedom from restraint may not be met due to a threat to the health and safety of the individual or others, an individually-based limitation must be authorized and documented in the individual's ISP in accordance with OAR 411-415-0070. (c) A provider is responsible for all of the following: (A) Maintaining a copy of the completed and signed form documenting an individual's consent to the appropriate individually-based limitation. The form must be signed by the individual, or the individual's legal representative, if applicable. (B) Regular collection and review of data to measure the ongoing effectiveness of, and the continued need for, the individually-based limitation. (C) Requesting a review of the individually-based limitation when a change or removal of the individually-based limitation is needed. Statutory/Other Authority: 409.050, 427.007, 427.104 & 430.662 Statutes/Other Implemented: 427.154, 430.610, 430.662 & 430.670 History: APD 33-2017, amend filed 12/29/2017, effective 01/01/2018 APD 22-2016, f. & cert. ef. 6-29-16 APD 31-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16 APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 14-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11 SPD 14-2011, f. & cert. ef. 7-1-11 Renumbered from 309-047-0050, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 1-1997, f. & cert. ef. 1-31-97 MHD 13-1990, f. & cert. ef. 12-7-90 MHD 7-1990(Temp), f. & cert. ef. 6-12-90 MHD 9-1983, f. & ef. 6-7-83 MHD 26-1982(Temp), f. & ef. 12-3-82
411-345-0130 Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL COMPLAINTS. (a) A provider agency must have and implement written policies and procedures for individual complaints in accordance with OAR 411-318-0015. (b) Individual complaints by, or on behalf of, an individual must be addressed in accordance with OAR 411-318-0015. (c) Within 30 calendar days of beginning employment services with a new provider, upon request, and annually thereafter, the policy and procedures for complaints must be explained and provided to an individual and their legal or designated representative (as applicable). (2) NOTIFICATION OF PLANNED ACTION. In the event a developmental disabilities service is denied, reduced, suspended, or terminated or voluntarily reduced, suspended, or terminated, either by the Department or a case management entity, a written advance Notification of Planned Action (form 0947) must be provided as described in OAR 411-318-0020. (3) HEARINGS. (a) If the Department or a case management entity issues a denial, reduction, suspension, or termination of a developmental disabilities service, then an individual may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025. (b) Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025. Statutory/Other Authority: ORS 409.050, 427.007 & 427.104 Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154 History: APD 41-2019, amend filed 10/29/2019, effective 11/01/2019 APD 33-2017, amend filed 12/29/2017, effective 01/01/2018 APD 22-2016, f. & cert. ef. 6-29-16 APD 45-2014, f. 12-26-14, cert. ef. 12-28-14 APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 1-2012, f. & cert. ef. 1-6-12 Reverted to SPD 14-2011, f. & cert. ef. 7-1-11 SPD 14-2011, f. & cert. ef. 7-1-11 SPD 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11 Renumbered from 309-047-0060, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 1-1997, f. & cert. ef. 1-31-97 MHD 13-1990, f. & cert. ef. 12-7-90 MHD 7-1990(Temp), f. & cert. ef. 6-12-90
411-346-0100 Statement of Purpose (1) The rules in OAR chapter 411, division 346, prescribe the standards and procedures for the provision of Developmental Disabilities-funded foster care services for children with intellectual or developmental disabilities in child foster homes certified by the Department of Human Services as a condition for certification and payment. (2) These rules incorporate the provisions for home and community-based services and settings and person-centered service planning set forth in OAR chapter 411, division 004. These rules and the rules in OAR chapter 411, division 004, ensure children 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. (a) A foster provider initially certified on or after January 1, 2016, must meet the requirements in OAR chapter 411, division 004, prior to being certified. (b) A foster provider certified prior to January 1, 2016, must make measurable progress toward compliance with the rules in OAR chapter 411, division 004, and be in full compliance by September 1, 2018. Statutory/Other Authority: ORS 409.050 & 443.835 Statutes/Other Implemented: ORS 430.215, 443.830 & and 443.835 History: APD 30-2016, f. 8-18-16, cert. ef. 8-20-16 APD 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-20-16 SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 Renumbered from 309-046-0100, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01 MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01
411-346-0120 Certification Required (1) Any home that meets the definition of a child foster home must be certified by one of the following agencies: (a) The Department; (b) DHS-CW; or (c) The OYA. (2) A child in foster care shall only be placed in a certified child foster home. Statutory/Other Authority: ORS 409.050 & 443.835 Statutes/Other Implemented: ORS 430.215, 443.830 & 443.835 History: SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 Renumbered from 309-046-0120, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01 MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01
411-346-0130 Indian Child Welfare Act The Indian Child Welfare Act (ICWA) gives federally recognized Native American tribes the authority to select a home for a child protected by the ICWA. Tribes and Alaskan Native Regional Corporations may license, approve, or specify a foster home for a child protected by the ICWA. The tribe is authorized to decide which of the following three preferences to use or whether to request that the Department or DHS-CW certify the home. When the tribe requests the Department to certify the home, the Department shall use these rules for certification. Native American children placed in relative homes whether licensed, certified, or selected by the tribe are eligible for foster care payments when DHS-CW has legal custody. Preference shall be given for placement with: (1) A member of the Native American child's extended family; (2) A foster home licensed, approved, or specified by the child's tribe; or (3) A Native American foster home licensed or approved by an authorized non-Native American licensing authority. Statutory/Other Authority: ORS 409.050, 427.104 & 443.835 Statutes/Other Implemented: ORS 427.007, 427.104, 430.215, 443.830 & 443.835 History: APD 40-2019, amend filed 10/29/2019, effective 11/01/2019 SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 Renumbered from 309-046-0130, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01 MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01
411-346-0140 Selection (1) The Department or the CDDP shall recruit foster providers who have the abilities and commitment to carry out the responsibilities set forth in these rules to meet the Department's specific need for homes. The Department shall determine which applicants are certified. The CDDP staff shall determine which home is best for a particular child. (2) A foster provider must be a responsible, stable, emotionally mature adult who exercises sound judgment and has the capacity to meet the mental, physical, and emotional needs of a child placed in foster care. (3) A foster provider must demonstrate the following traits: (a) Capacity to give and receive affection; (b) Kindness; (c) Flexibility; (d) A sense of humor; and (e) The ability to deal with frustration and conflict. Statutory/Other Authority: ORS 409.050 & 443.835 Statutes/Other Implemented: ORS 430.215, 443.830 & 443.835 History: SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13 SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10 SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07 Renumbered from 309-046-0140, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05 MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01 MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01