411-032-0005 Administration (1) ADVISORY COUNCIL. Each AAA must show evidence that the advisory council of the AAA, and the community were involved in the identification of need, selection of services to be offered, and the development of an Area Plan. (2) AREA PLAN. (a) Each AAA must submit an Area Plan to the Department on forms provided by the Department by the date specified. (b) The Area Plan must, at a minimum, contain: (A) The types and amounts of authorized services to be offered; (B) The costs of authorized services; (C) How the AAA ensures timely response to inquiries for service; (D) How individuals receive initial and ongoing periodic screening for other community services, including Medicaid; (E) How eligibility is determined; (F) How authorized services are provided; (G) The policy for prioritizing OPI service delivery; (H) The policy for denial, reduction, or termination of authorized services; (I) The policy for informing individuals of their right to grieve adverse eligibility, service determination decisions, and consumer complaints; (J) How fees for services are developed, billed, collected, and utilized; (K) The policy for addressing individual non-payment of fees, including when exceptions are made for repayment and when fees are waived; (L) How service providers are monitored and evaluated; and (M) The conflict of interest policy for any direct provision of services for which a fee is set. (3) CONTRACTS. (a) Contracts between the Department and AAA for OPI are effective each year on July 1, unless otherwise agreed to by the Department. These contracts are based on the Area Plan and must, at a minimum, contain: (A) A budget showing the amounts of OPI funds; (B) The types of authorized services to be offered; (C) The stipulation that contracted authorized services must be in accordance with the standards and requirements provided in these rules, and in accordance with the in-home services rules (OAR chapter 411, divisions 030 and 031) and the service priority rules (OAR chapter 411, division 015), and if applicable, in accordance with the in-home care agency rules (OAR chapter 333, division 536); (D) The stipulation that required data must be gathered, reported, and monitored in accordance with these rules and the Department; (E) A section pertaining to general provisions as required by DAS; (F) A provision that AAAs must submit service provider contracts and amendments to the Department upon request from the Department; and (G) Fee for service schedules developed in accordance with these rules. (b) Contracts between AAAs and service providers must be signed and kept on file by the AAA for not less than three years for all services funded through OPI. The contracts must at a minimum contain: (A) A budget or a maximum amount of OPI funds, as well as all other resources devoted to OPI under the contract; (B) The types and amounts of authorized services to be offered and the rate per unit for each authorized service; (C) The stipulation that authorized services must be offered in accordance with the standards and requirements provided in these rules, and in accordance with the in-home services rules (OAR chapter 411, divisions 030 and 31) and the service priority rules (OAR chapter 411, division 015); (D) The stipulation that required data must be gathered and reported in accordance with these rules and the Department; and (E) A section pertaining to general provisions as required by DAS. (c) All contracts as described in this rule may be amended with the consent of both parties. (d) All contracts as described in this rule must contain provisions for cancellation of the contract for non-performance and violation of the terms of the contract. (4) PERSONNEL PRACTICES AND PROCEDURES. (a) Each AAA and service provider must maintain written personnel policies. (b) The personnel policies must contain all items required by state and federal laws and regulations, including such items as: (A) An affirmative action plan; and (B) Evidence that the AAA and service provider are equal opportunity employers. (c) Each AAA and service provider must maintain a personnel record on each employee. (5) NON-COMPLIANCE. (a) Non-compliance to these rules may result in a reduction or termination of OPI funding, except in those cases where an exception has been granted by the Department; (b) The determination of the amount of reduced funding is made by the Director of the Department; (c) Any funds that are either reduced or terminated from a funding grant are reserved by the Department for redistribution at the Department's discretion. At the end of the biennium, unexpended funds are returned to the General Fund unless otherwise directed by the Legislative Assembly. Statutory/Other Authority: ORS 410.070 & 410.435 Statutes/Other Implemented: ORS 410.410 - 410.480 History: SPD 11-2013, f. 5-31-13, cert. ef. 7-1-13 SPD 29-2006, f. 10-23-06, cert. ef. 11-1-06 SPD 18-2004, f. & cert. ef. 5-28-04 SPD 11-2003, f. & cert. ef. 5-2-03 Reverted to SDSD 7-1999, f. 6-30-99, cert. ef. 7-1-99 SDSD 9-2002(Temp), f. & cert. ef. 11-1-02 thru 4-29-03 SDSD 7-1999, f. 6-30-99, cert. ef. 7-1-99 SSD 3-1997, f. 11-28-97, cert. ef. 12-1-97 SSD 11-1993, f. 12-30-93, cert. ef. 1-1-94 SSD 5-1990, f. & cert. ef. 2-1-90 SSD 19-1989(Temp), f. 12-29-89, cert. ef. 1-1-90 SSD 12-1988, f. & cert. ef. 12-2-89 SSD 11-1984, f. 11-30-84, ef. 12-1-84