411-015-0015 Current Limitations (1) The Department has the authority to establish, by administrative rule, service eligibility within which to manage the Department's limited resources. The Department is currently able to serve: (a) Individuals determined eligible for the Medicaid OHP Plus benefit package who are assessed as meeting at least one of the service priority levels (1) through (13) as described in OAR 411-015-0010. (b) Individuals eligible for Oregon Project Independence funded services, if the individual meets at least one of the service priority levels (1) through (18) of OAR 411-015-0010. (c) Individuals needing risk intervention services in areas designated to provide such services. Individuals with the lowest service priority level number under OAR 411-015-0010 are served first. (2) Individuals 65 years of age or older, determined eligible for developmental disability services, or having a primary diagnosis of a mental or emotional disorder, are eligible for nursing facility or home and community-based services if: (a) The individual meets section (1) of this rule; and (b) The individual is not in need of specialized mental health treatment services or other specialized Department residential program interventions as identified through the mental health assessment process or PASRR process described in OAR 411-070-0043. (3) Individuals under 65 years of age, determined eligible for developmental disability services, or having a primary diagnosis of a mental or emotional disorder, are not eligible for Department nursing facility services unless determined appropriate through the PASRR process described in OAR 411-070-0043. (4) Individuals under 65 years of age determined to be eligible for developmental disability services are not eligible for home and community-based services administered by the Department's Aging and People with Disabilities. Eligibility for home and community-based services for individuals with intellectual or developmental disabilities is determined by the Department's Office of Developmental Disability Services or designee. (5) Individuals under 65 years of age who have a diagnosis of mental or emotional disorder or substance abuse related disorder are not eligible for home and community-based services administered by the Department's Aging and People with Disabilities unless: (a) The individual has a medical non-psychiatric diagnosis or physical disability; (b) The individual's need for services is based on his or her medical, non-psychiatric diagnosis, or physical disability; and (c) The individual provides supporting documentation demonstrating that his or her need for services is based on the medical, non-psychiatric diagnosis, or physical disability. The Department authorizes documentation sources through approved and published policy transmittals. (6) Home and community-based services are not intended to replace a natural support system as defined by OAR 411-015-0005. Paid support is provided if a natural support is unwilling or unable to provide identified services. (7) Individuals with excess income must contribute to the cost of service pursuant to OAR 461-160-0610 and 461-160-0620. Statutory/Other Authority: ORS 410.070 & 411.070 Statutes/Other Implemented: ORS 410.070 History: APD 58-2022, amend filed 12/22/2022, effective 12/23/2022 APD 25-2022, temporary amend filed 06/14/2022, effective 07/01/2022 through 12/27/2022 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 45-2013, f. 12-13-13, cert. ef. 12-15-13 SPD 14-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13 SPD 19-2006, f. 5-26-06, cert. ef. 6-1-06 SPD 8-2006, f. 1-26-06, cert. ef. 2-1-06 SPD 1-2005, f. & cert. ef. 1-4-05 SPD 29-2004(Temp), f. & cert. ef. 8-6-04 thru 1-3-05 SPD 20-2004(Temp), f. & cert. ef. 7-7-04 SPD 8-2004, f. & cert. ef. 4-27-04 SPD 5-2004(Temp), f. & cert. ef. 3-23-04 thru 4-27-04 SPD 16-2003(Temp), f. & cert. ef. 10-27-03 thru 4-23-04 SPD 12-2003, f. 5-30-03, cert. ef. 6-4-03 SPD 6-2003(Temp), f. & cert. ef. 3-20-03 thru 6-3-03 SPD 5-2003(Temp), f. & cert. ef. 3-12-03 thru 6-3-03 SDP 3-2003(Temp), f. 2-14-03, cert. ef. 2-18-03 thru 6-3-03 SPD 1-2003(Temp), f. 1-7-03, cert. ef. 2-1-03 thru 6-3-03 SDSD 11-2002(Temp), f. 12-5-02, cert. ef. 12-6-02 thru 6-3-03 SSD 1-1993, f. 3-19-93, cert. ef. 4-1-93 SSD 21-1991, f. 12-31-91, cert. ef. 1-1-92, Renumbered from 411-015-0000(4) SSD 12-1991(Temp), f. 6-28-91, cert. ef. 7-1-91 SSD 12-1987, f. 12-31-87, cert. ef. 1-1-88 SSD 9-1986, f. & cert. ef. 7-1-86 SSD 5-1986, f. & cert. ef. 4-14-86 SSD 3-1985, f. & cert. ef. 4-1-85