reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.150 - Use of files; confidentiality; privileged communications.

For the protection of applicants for and recipients of services, the Department of Human Services shall not disclose or use the contents of any records, files, papers or communications for purposes other than those directly connected with the administration of the laws of Oregon, and these records, files, papers and communications are considered confidential subject to the rules of the Department of Human Services, except as otherwise provided in ORS 411.320. In any judicial proceedings, except proceedings directly connected with the administration of public assistance or medical assistance laws, their contents are considered privileged communications. [1981 c.784 §28; 1997 c.581 §2; 2013 c.688 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.160 - Limitation on estate claims.

Nothing in ORS 409.010 and 410.040 to 410.300 extends estate claims requirements and procedures related to certain Title XIX services under current Oregon statutes and federal regulations to other services. [1981 c.784 §36; 1993 c.116 §5; 2005 c.22 §274; 2011 c.720 §85]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.180 - Long term care reimbursement audit manual.

In carrying out the reimbursement system stated in the state policy on long term care reimbursement, the Department of Human Services shall develop, publish and make available an audit manual. The audit manual shall include clear guidelines on costs that are approved for reimbursement. [1983 c.406 §2]
Note:
410.180 and 410.190 were enacted into law by the Legislative Assembly and were added to and made a part of ORS chapter 410 but not to any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.190 - Representation of entities in contested case proceedings before department.

Notwithstanding ORS 8.690, 9.160, 9.320 or 203.145 or ORS chapter 180 or other law, in any contested case proceeding before the Department of Human Services, a party that is not a natural person may be represented by an attorney or by any officer or authorized agent or employee of the party. [1987 c.428 §34b; 2015 c.7 §9]
Note:
See note under 410.180.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.210 - Area agency advisory councils; membership; duties.

(1)(a) Each area agency shall have an area agency advisory council, with members appointed by the area agency board.
(b) For a type A area agency, membership of the council shall include consumers of services provided primarily to elderly persons under Department of Human Services programs, including low income and minority persons.
(c) A type B area agency that serves elderly persons and persons with disabilities shall have two advisory councils. One shall include persons described in paragraph (b) of this subsection. The second shall be a disability services advisory council. That council shall have as a majority of its members persons with disabilities and shall include consumers of services and other interested persons. Any disability services advisory council in existence at the time the area agency assumes responsibility for providing services to persons with disabilities shall become the disability services advisory council for the area agency.
(2) Each area agency advisory council shall:
(a) Recommend basic policy guidelines for the administration of the activities of the area agencies on behalf of elderly persons or persons with disabilities, and advise the area agency on questions of policy.
(b) Advise the area agency with respect to development of the area plan and budget, and review and comment on the completed area plan and budget before its transmittal to the Director of Human Services.
(c) Review and evaluate the effectiveness of the area agency in meeting the needs of elderly persons or persons with disabilities in the planning and service area.
(d) Meet at least quarterly. The meetings are subject to ORS 192.610 to 192.705. [1981 c.784 §11; 1989 c.224 §76; 1991 c.67 §101; 1993 c.116 §1; 2001 c.900 §79; 2007 c.70 §170; 2011 c.9 §52]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.220 - Use of state and local resources.

Each area agency may use, with the consent of state and municipal departments and agencies, their services, equipment, facilities and personnel, and pay therefor, within the limits of its resources, as agreed between the agencies and cooperate with other public and private agencies as to the use of services, equipment and facilities. [1981 c.784 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.230 - Expenditure of local funds not required.

Nothing in ORS 409.010 and 410.040 to 410.300 requires an area agency or local governmental unit to expend local funds for the purpose of maintaining or expanding services to elderly persons and persons with disabilities. [1981 c.784 §37; 1989 c.224 §77; 2005 c.22 §275; 2007 c.70 §171; 2011 c.720 §86]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.240 - Operation of type A agencies.

On and after October 1, 1981, a type A area agency shall operate in the same manner as it operated with local administrative responsibility for Title III of the Older Americans Act and Oregon Project Independence before October 1, 1981. Nothing in ORS 409.010 and 410.040 to 410.300 requires a type A area agency to become a type B area agency. [1981 c.784 §8; 2005 c.22 §276; 2011 c.720 §87]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.250 - Duties of type A agencies.

Each type A area agency shall:
(1) Conduct local planning functions for Title III of the Older Americans Act and Oregon Project Independence.
(2) Develop a local plan for service delivery that complies with federal and state requirements and is in accord with locally determined objectives consistent with the state policy on aging. This plan shall be reviewed and approved by the Department of Human Services.
(3) Assess the needs of elderly persons within the planning and service delivery area for service for social and health services, and determine what resources are currently available to meet those needs.
(4) Assume the responsibility of determining services required to meet the needs of elderly persons, assure that such services are provided within the resources available and determine when such services are no longer needed.
(5) Endeavor to coordinate and expand existing resources in order to develop within its planning and service area a comprehensive and coordinated system for the delivery of social and health services to elderly persons.
(6) Serve as an advocate within government and within the community at large for the interests of elderly persons within its planning and service area.
(7) Make grants to or enter into contracts with any public or private agency for the provision of social or health services not otherwise sufficiently available to elderly persons within the planning and service area.
(8) Monitor and evaluate the activities of its service providers to insure that the services being provided comply with the terms of the grant or contract. Where a provider is found to be in breach of the terms of its grant or contract, the area agency shall enforce the terms of the grant or contract.
(9) Conduct research, evaluation, demonstration or training activities appropriate to the achievement of the goal of improving the quality of life for elderly persons within its planning and service area.
(10) Comply with department requirements that have been developed in consultation with the area agencies for client and fiscal information and provide to the department information necessary for federal and state reporting, program evaluation, program management, fiscal control and research needs. [1981 c.784 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.270 - Operation of type B agencies.

(1) A local government shall be responsible for all actions of a type B area agency in its jurisdiction, including but not limited to the accountability for funds and compliance with federal and state laws and rules. Such responsibility shall include all geographic areas in which the type B area agency is designated to operate.
(2) The respective local government shall appoint a director of the type B area agency in its jurisdiction who must meet minimum qualifications established by the Department of Human Services. The director shall serve with the continuing approval of the Director of Human Services. Continuing approval may be withdrawn by the Director of Human Services only when it can be shown that the state or federal rules have not been complied with by the type B area agency, that state or federal funds are not being expended for the purposes for which they were intended or that elderly persons are not receiving appropriate services within available funds. Withdrawal of continuing approval is appealable to the Governor by the local government after requesting a reconsideration by the Director of Human Services. [1981 c.784 §9; 1991 c.67 §102; 2001 c.900 §80; 2007 c.70 §172]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.280 - Duties of type B agencies.

Each type B area agency shall:
(1) Comply with the provisions of ORS 410.250 (1) and (3) to (10).
(2) Conduct local planning functions for Title XIX of the Social Security Act.
(3) Develop a local plan for service delivery subject to review and approval by the Department of Human Services and the responsible unit of local government that complies with federal and state requirements and in accord with locally determined objectives consistent with the state policy on aging.
(4) Provide protective services within available resources. [1981 c.784 §13; 1993 c.116 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.290 - Conditions for designation as type B agency; plan of operation.

(1) Prior to the designation of an area agency as a type B area agency, the area agency, the responsible unit of local government and the Department of Human Services must jointly agree upon a plan under which the area agency will operate.
(2) The plan described in subsection (1) of this section shall:
(a) Establish an administrative structure and qualifications for key personnel that reflect the population to be served.
(b) Be developed in coordination with the appropriate local mental health authority.
(c) Include any necessary interagency agreements regarding which agency is to have responsibility for each specific group of clients under 60 years of age.
(d) Address necessary transfers of staff, available equipment and administrative and service funds.
(e) Be prepared with the participation of potentially affected clients, staff and other individuals at the local level, including but not limited to individuals with physical disabilities. [1981 c.784 §16; 1989 c.224 §78; 2007 c.70 §173]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.295 - Authority of type B agency to regulate adult foster homes.

(1) The Director of Human Services may delegate the following functions pertaining to regulation of adult foster homes for elderly persons and persons with disabilities to a type B area agency:
(a) Conducting inspections and issuing and renewing licenses under ORS 443.735;
(b) Investigating complaints under ORS 443.765; and
(c) Other regulatory functions designated by the director by rule.
(2) This section does not apply to adult foster homes in counties that have been granted an exemption under ORS 443.780.
(3) As used in this section, "adult foster home" has the meaning given that term in ORS 443.705. [2005 c.219 §2; 2007 c.70 §174]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.300 - Transfer of state employees to type B agency; conditions.

(1) A type B area agency may contract with the Department of Human Services for services of state employees or have such employees transferred to employment by the area agency by transfer agreement.
(2) State employees whose services have been contracted to a type B area agency shall be supervised for program purposes by the area agency.
(3) If state employees are transferred to a type B area agency, the provisions of ORS 236.610 to 236.640 shall apply.
(4) Prior to transfer of any state employee to any other public employer under ORS 410.040 to 410.300, at a date to be determined by the Director of Human Services, each type B area agency shall prepare a plan in coordination with local staff of the department for implementation of ORS 410.040 to 410.300. The plan shall show how statutory responsibilities are to be met and how all staff are to be utilized. [1981 c.784 §15; 1993 c.18 §98; 2001 c.900 §81; 2005 c.22 §277; 2011 c.720 §88]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.330 - Legislator members; expenses.

(1) In addition to the members of the Governor’s Commission on Senior Services appointed under ORS 410.320, the President of the Senate shall appoint one member from the Senate and the Speaker of the House of Representatives shall appoint one member from the House of Representatives. If the Speaker of the House of Representatives or the President of the Senate is a member, either may designate from time to time an alternate from among the members of the appropriate house to exercise powers as a member of the commission except that the alternate shall not preside if the Speaker or President is chairperson.
(2) The members of the commission appointed under subsection (1) of this section shall be entitled to payment of compensation and expenses under ORS 171.072 from funds appropriated to the Legislative Assembly. [Formerly 184.905; 1983 c.740 §131; 1987 c.879 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.410 - Definitions for ORS 410.410 to 410.480.

As used in ORS 410.410 to 410.480:
(1) "Authorized agency" means any organization designated by the Department of Human Services as an area agency on aging.
(2) "Authorized service" means any service described in ORS 410.420 (1) and designated by the department by rule to be eligible for Oregon Project Independence funding.
(3) "Service provider" means any agency or program that provides one or more services described in ORS 410.420. [1981 c.186 §1; 1983 c.740 §133; 2011 c.201 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.420 - Use of funds for specified services.

(1) Funds appropriated for Oregon Project Independence shall be expended for home care supportive services including in-home or community-based services that assist an individual in achieving the greatest degree of independent functioning in the individual’s home.
(2) Funds appropriated for Oregon Project Independence may be expended for the following services:
(a) Services to support community caregivers and strengthen the natural support system for seniors including, but not limited to:
(A) Information and assistance in accessing health and social services;
(B) Respite care;
(C) Training; and
(D) Counseling.
(b) Health promotion services including, but not limited to:
(A) Chronic disease management;
(B) Fall prevention activities;
(C) Nutrition counseling;
(D) Physical activities; and
(E) Medication management.
(c) Options counseling to provide individuals and their families with up-to-date, comprehensive, objective and easy to understand information about the full range of immediate and long range options that:
(A) Educates individuals and families about available community support options;
(B) Assesses the needs and resources of individuals and families;
(C) Assists individuals and families in developing and implementing informed and cost-effective decisions about long term support choices; and
(D) Provides intensive counseling for individuals at risk of unnecessary or premature nursing facility placement.
(d) Transportation options that allow individuals to live at home and access the full range of community resources. [1981 c.186 §2; 1983 c.740 §134; 2001 c.900 §83; 2011 c.201 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.422 - Oregon Project Independence Fund.

(1) The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project Independence Fund shall be credited to the Oregon Project Independence Fund. Moneys in the Oregon Project Independence Fund at the end of a biennium are retained in the Oregon Project Independence Fund and do not revert to the General Fund.
(2) The Oregon Project Independence Fund consists of moneys appropriated to the fund by the Legislative Assembly, interest earned by the fund and moneys contributed to the fund by donors.
(3) Moneys in the Oregon Project Independence Fund are continuously appropriated to the Department of Human Services for the purpose of funding Oregon Project Independence as provided in ORS 410.410 to 410.480. [2005 c.749 §1; 2011 c.723 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.425 - Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders.

Except as provided in ORS 410.422, the funds available for purposes of ORS 410.410 to 410.480 shall be kept in separate accounts in the General Fund. One account shall be used for funds appropriated for persons otherwise eligible who are 60 years of age or older. The other account shall be used for funds appropriated for persons otherwise eligible who have Alzheimer’s disease or a related disorder. [1987 c.692 §3; 2005 c.749 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.430 - Eligibility for authorized services.

(1) In order to qualify for authorized services from an authorized agency or service provider, each client must:
(a) Be 60 years of age or older or have been diagnosed as having Alzheimer’s disease or a related disorder;
(b) Not be receiving financial assistance from the Department of Human Services, except supplemental nutrition assistance and limited Medicare reimbursement benefits administered by the department; and
(c) Be assessed to be at the risk of entering an institution.
(2) Eligibility determination is required before any client may receive services from an authorized agency or service provider. [1981 c.186 §3; 1987 c.692 §1; 1997 c.581 §3; 1999 c.59 §105; 2001 c.900 §84; 2009 c.599 §17; 2011 c.201 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.435 - Expansion of Oregon Project Independence; rules.

(1) Notwithstanding ORS 410.430 and subject to the conditions described in subsection (2) of this section, the Department of Human Services shall adopt rules expanding the eligibility requirements of Oregon Project Independence to cover persons 19 years of age or older with physical disabilities.
(2) The department may not adopt the rules expanding Oregon Project Independence described in subsection (1) of this section unless the amount of moneys in the Oregon Project Independence Fund established in ORS 410.422 is sufficient to provide services to eligible clients under ORS 410.410 to 410.480 and is sufficient to fund the expansion of the program to persons with physical disabilities.
(3) Rules adopted under subsection (1) of this section are valid only for the biennium in which the rules are adopted. [2005 c.749 §9; 2011 c.201 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.440 - Priorities for services.

(1) Eligible clients shall receive authorized services on a priority basis, with highest priorities receiving services first.
(2) Priority for receipt of authorized services shall be:
(a) Clients already receiving authorized service as long as their condition indicates services are needed.
(b) Clients who are to be placed immediately in an institution if needed authorized services are not provided.
(c) Clients who are probably to be placed in an institution if needed authorized services are not provided. [1981 c.186 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.450 - Determinations of eligibility; rules.

(1) Eligibility determinations and determinations of services for Oregon Project Independence shall be made in accordance with rules of the Department of Human Services.
(2) Eligibility for authorized services shall be based on each client’s financial, physical, functional, medical and social need for such services.
(3) Clients who appear eligible for services provided by the department because of disability or age and income shall be encouraged to apply to the department for service. [1981 c.186 §5; 1983 c.740 §135; 2005 c.22 §278; 2011 c.201 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.460 - Computation of allowable costs.

Allowable costs by authorized agencies are those associated with the direct provision of services to clients and such administrative costs as may be required to assure adequate services and to provide information to the Department of Human Services. [1981 c.186 §6; 1983 c.740 §136]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.470 - Fees; collection; records; use.

(1) The Department of Human Services shall establish fees for authorized services after consultation with authorized agencies. The fees may differ for different areas and for different income levels.
(2) Fees established under subsection (1) of this section shall be charged to all clients.
(3) A record of all fees collected under subsection (1) of this section shall be kept by each authorized agency and made available upon request to the department.
(4) The department may establish fees for services described in ORS 410.420 (2).
(5) Nothing prevents any client of Oregon Project Independence from making a contribution.
(6) Fees and any contribution must be used to expand services. [1981 c.186 §7; 1983 c.740 §137; 2005 c.749 §10; 2011 c.201 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.480 - Required record keeping; audit.

(1) Each authorized agency and service provider shall maintain books, records, documents and accounting procedures which reflect costs and such other activities as the Department of Human Services may require. The books, records and documents shall be made available to the department upon request.
(2) Each authorized agency shall submit to the department an audit of its financial records annually. Such audits shall be conducted by an individual holding a permit issued by the Oregon Board of Accountancy under ORS 673.010 to 673.465.
(3) Fiscal and program reports shall be completed on forms provided by the department and be submitted to the department by the specified due dates.
(4) The use or disclosure by any party of any information concerning a client receiving services described in ORS 410.420 for any purpose not directly connected with the administration of the responsibilities of the department, or an authorized agency or a service provider, is prohibited except with written consent of the recipient, or the legal representative thereof. [1981 c.186 §8; 1983 c.740 §138; 1999 c.322 §39; 2011 c.201 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.485 - Legislative findings.

The Legislative Assembly finds that there is a need for the Department of Human Services to promote the availability of adult day care services and that flexibility in the combination of adult day care with other community-based services gives individuals who would otherwise be placed in restrictive care settings a greater variety of choices. [1991 c.787 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.490 - Duties of department; rules.

(1) To provide greater flexibility and availability of services, the Department of Human Services shall apply for waiver of federal statutory and regulatory requirements to make adult day care services available under ORS chapter 414.
(2) The Department of Human Services shall adopt rules consistent with the rules adopted under ORS 410.495, that include a provision identifying adult day care as a service available for recipients eligible for medical assistance as defined in ORS 414.025.
(3) As used in ORS 410.485 and this section, "adult day care" means community-based group programs designed to meet the needs of adults with functional or cognitive impairments through individual plans of care that are structured, comprehensive and provide a variety of health, social and related support services in protective settings during part of the day but provide less than 24-hour care. [1991 c.787 §§2,3; 2007 c.70 §176; 2013 c.688 §31]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.495 - Registry for adult day care programs in state; rules.

(1) The Department of Human Services shall develop a registry of all adult day care programs in Oregon.
(2) The department shall adopt rules, to be followed voluntarily, substantially consistent with standards established by the Oregon Association of Adult Day Care Services regarding adult day care programs. Each program in the registry shall indicate for inclusion in the registration data the extent to which the program agrees to operate in conformity with the rules adopted under this section.
(3) As used in this section, "adult day care" means a community-based group program designed to meet the needs of adults with functional or cognitive impairments through an individual plan of care. "Adult day care" means a structured, comprehensive program that provides a variety of health, social and related support services in a protective setting during part of a day but for less than 24 hours. [1991 c.788 §1; 2007 c.70 §177]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.505 - Definitions for ORS 410.505 to 410.545.

As used in ORS 410.505 to 410.545:
(1) "Admission assessment" means a professional program that provides an assessment of the long term care needs of persons applying for or considering admission to an intermediate care facility or who have remained in a skilled nursing facility for more than 30 days, and who are not or do not appear to be Medicaid eligible. The program includes providing information regarding appropriate service and placement alternatives, including nursing facilities and community-based options. The program includes all services necessary to comply with the minimum federal criteria for preadmission screening established by the Health Care Financing Administration under the Omnibus Budget Reconciliation Act of 1987. The admission assessment shall provide the applicant with appropriate options but the recommendation of the admission assessment team is not binding; the applicant has the right to choose from any options which are available.
(2) "Intermediate care facility" means a facility as defined in ORS 442.015 and which is Medicaid certified.
(3) "Skilled nursing facility" means a facility as defined in ORS 442.015 and which is Medicaid certified. [1989 c.912 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.510 - Establishment of procedure for assessment.

For reasons stated in ORS 410.030 (2), the Department of Human Services shall establish a procedure for assessment of the long term care needs of each person making application for admission to an intermediate care facility and for each person who remains in a skilled nursing facility for more than 30 days. [1989 c.912 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.515 - Notice of availability of admission assessment services; disclosure form; department to provide services; maximum fees.

(1) Prior to admission to an adult foster home, as defined in ORS 443.705, a residential care facility, as defined in ORS 443.400, an assisted living facility or a nursing facility that is not Medicaid certified, the person seeking admission shall be advised by the facility of the availability of admission assessment services at the person’s own expense and shall sign a disclosure form indicating that the person has been so advised.
(2) The Department of Human Services shall establish a fee and provide assessment services to such persons upon request. The department shall establish a maximum fee that certified programs may charge such persons.
(3) Adult foster homes, residential care facilities, assisted living facilities and nursing facilities that are not Medicaid certified shall maintain a record of such disclosure forms and shall make them available to the department or area agencies on aging upon request. [1989 c.912 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.520 - When assessment to occur; exceptions.

(1) Subject to subsection (2) of this section, admission screening shall occur:
(a) Before admission to an intermediate care facility; and
(b) Within seven days following the 30th day from admission to a skilled nursing facility.
(2) Subsection (1) of this section does not apply for the following:
(a) Patients transferred from one facility to another providing the same level of care;
(b) Patients who are returning to an intermediate care facility after having entered acute care facilities from such facilities;
(c) Patients who are being admitted to an intermediate care facility for less than 30 days. If a patient is admitted under this paragraph and is to remain in the facility for more than 30 days, the patient shall receive an assessment within seven days following the 30th day from admission;
(d) Patients who must be admitted immediately to a nursing facility. Patients admitted under this paragraph shall receive an assessment within seven days of admission;
(e) Patients who are entering a nursing home that is part of a continuing care retirement community; and
(f) Patients discharged from an acute care facility who opt to receive assessment services beyond the minimum federal criteria from the Department of Human Services or an area agency on aging rather than from a certified program may receive these additional assessment services within seven days of admission. [1989 c.912 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.525 - Disclosure of fees; waiver of assessment; additional assessment services.

(1) If the admission assessment is performed by a certified program, the program shall disclose to the person receiving the assessment any portion of the fee that may be charged to that person, and shall inform the person of the right of the person to receive an assessment from the Department of Human Services or an area agency on aging at no charge.
(2) The department or area agencies on aging shall not charge any portion of the fee to the person receiving the assessment.
(3) Once the person or persons performing the assessment have met the minimum federal criteria, the person receiving the assessment shall have the option to receive additional assessment services and information regarding appropriate placement alternatives. The person shall sign a form to be developed by the department indicating the person’s preference. [1989 c.912 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.535 - Rules.

The Department of Human Services shall adopt rules to carry out the provisions of ORS 410.505 to 410.545, including, but not limited to:
(1) Granting exceptions to ORS 410.540; and
(2) Insuring confidentiality of all client information gathered during the admission assessment process. [1989 c.912 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.545 - Implementation of ORS 410.505 to 410.545 requires federal funding.

Implementation of ORS 410.505 to 410.545 is subject to federal fund participation of the admission assessment activities specified in ORS 410.510 to 410.530. [1989 c.912 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.555 - Submission of changes to Medicaid reimbursement system to council; advisory recommendation; approval; report; budget review; rules.

(1) The Department of Human Services shall submit to the Medicaid Long Term Care Quality and Reimbursement Advisory Council, for the council’s review and recommendation, any proposed change or modification to the Oregon Medicaid reimbursement system for long term care services and community-based care services.
(2) Upon review of any proposed change or modification under subsection (1) of this section, the council shall issue a written advisory recommendation to the department. The recommendation shall state whether the council supports or opposes the proposed change or modification and whether the council believes the proposed change or modification will have an adverse or positive effect on the quality of long term care services and community-based care services provided under the Oregon Medicaid program.
(3) Prior to implementing any change or modification to the reimbursement system for long term care services and community-based care services, the Department of Human Services shall submit the council’s written recommendation to the Legislative Assembly or to the Emergency Board if the Legislative Assembly is not in session. Before instituting the proposed change or modification, the department shall obtain the approval of the Legislative Assembly or the Emergency Board if the Legislative Assembly is not in session. A proposed change or modification with an estimated fiscal impact of $100,000 or less shall be exempt from the provisions of this subsection.
(4) At the beginning of each legislative session, the Medicaid Long Term Care Quality and Reimbursement Advisory Council shall review the Governor’s budget for the Department of Human Services.
(5) The Department of Human Services shall adopt such rules as are reasonably necessary for the enforcement of this section. The department shall submit to the council any proposed rule that directly or indirectly affects payment rates prior to proceeding with the notice requirements provided for in ORS 183.335. The department shall consider the comments of the council that pertain to the proposed rule. [1995 c.667 §2; 2016 c.117 §65]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.595 - Legislative intent and findings.

The Legislative Assembly finds and declares that the interest and welfare of the public are served by the Home Care Commission that operates in accordance with section 11, Article XV of the Oregon Constitution, and ORS 410.595 to 410.625 and also are served by operations that:
(1) Do not compromise the resources of elderly persons, persons with physical disabilities, persons with developmental disabilities or mental illnesses or the family members of elderly persons, persons with physical disabilities or persons with developmental disabilities or mental illnesses;
(2) Do not compromise the ability of elderly persons, persons with physical disabilities, persons with developmental disabilities or mental illnesses or the family members of elderly persons, persons with physical disabilities or persons with developmental disabilities or mental illnesses to choose from among services, activities and purchases, including adult support services; and
(3) Do not reduce the amount and scope of the services, activities and purchases, including adult support services, available to elderly persons, persons with physical disabilities, persons with developmental disabilities or mental illnesses or the family members of elderly persons, persons with physical disabilities or persons with developmental disabilities or mental illnesses. [2010 c.100 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.596 - Statewide plan to expand access to skilled home care and personal support workforce.

(1) The Home Care Commission shall adopt a statewide plan to:
(a) Increase participation in the home care registry maintained by the commission under ORS 410.604;
(b) Increase the number of home care workers and personal support workers in this state in order to meet the need that will arise with the implementation of the Fair Labor Standards Act;
(c) Continue the commission’s work to create a career ladder for home care workers and personal support workers so that they may become greater skilled and gain certifications from the commission to provide advanced or extensive medical or behavioral health services and support; and
(d) Continue in-person home care worker and personal support worker orientation sessions in each geographic region of this state.
(2) The plan must include an outreach and marketing strategy to recruit home care workers and personal support workers to provide home care services and support to individuals who require higher levels of services and support.
(3) The commission shall contract with a public or private entity with appropriate expertise to recommend the design for the statewide plan described in this section. [2015 c.796 §2; 2018 c.75 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.598 - Training and testing for home care workers and personal support workers; rules.

(1) The Department of Human Services, acting on behalf of and subject to the approval of the Home Care Commission, shall adopt by rule minimum training standards for home care workers and personal support workers and shall establish procedures for testing home care workers and personal support workers on their mastery of the skills and knowledge to be acquired through the training. The training standards must require a minimum number of hours of orientation and assessment of competency before a home care worker or personal support worker is permitted to provide home care services to a client. The minimum number of hours may be greater for home care workers who will be providing enhanced care and services, such as medication management.
(2) The department shall provide training on the mandatory training topics established under this subsection and on any other training that the department or the commission deems appropriate for the professionalization of home care workers and personal support workers. The training provided pursuant to this section may include, but is not limited to, training on the following topics:
(a) Safety and emergency measures.
(b) Understanding the requirements for providers paid with Medicaid funds.
(c) Providing person-centered care.
(d) Understanding how to support the physical and emotional needs of the individual who is receiving care.
(e) Managing medications.
(f) Providing personal care and assistance with activities of daily living.
(3) The training provided in accordance with this section must be geographically accessible in all areas of this state and culturally appropriate for workers of all language abilities.
(4) In developing the training provided under this section, the department shall:
(a) Consider the needs of each worker type, including workers who are relatives of the individuals receiving care, workers who provide respite care, experienced workers and new workers; and
(b) Strive to align the training with the training requirements for care providers in other long term care settings.
(5) The department shall consult with the Developmental Disabilities and Mental Health Committee, unions representing home care workers and personal support workers and other stakeholders in the adoption of rules to carry out the provisions of this section. [2018 c.75 §2; 2019 c.680 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.602 - Home Care Commission; membership; rules.

(1) The Home Care Commission is created, consisting of nine members appointed by the Governor and confirmed by the Senate as provided in ORS 171.562 and 171.565. Five members shall be elderly persons or persons with disabilities who are receiving or who have received home care services. One member shall be appointed to represent each of the following entities, or a successor entity, for as long as a comparable entity exists:
(a) Governor’s Commission on Senior Services;
(b) Department of Human Services;
(c) Oregon Disabilities Commission; and
(d) Oregon Association of Area Agencies on Aging and Disabilities.
(2) The members shall be appointed for terms of three years. A member is eligible for reappointment and may serve no more than three consecutive terms. When making appointments to the commission, the Governor may consider recommendations from the entities listed in subsection (1) of this section and other organizations representing the interests of elderly persons and persons with disabilities.
(3) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(4) The commission shall exercise all powers necessary to effectuate the purposes of ORS 410.595 to 410.625.
(5) The Governor shall select annually from the membership of the commission a chairperson who serves at the pleasure of the Governor. The chairperson or majority of the members of the commission then in office shall have the power to call regular or special meetings of the commission. The commission shall meet at a place, date and hour determined by the commission.
(6) Members of the commission shall be paid compensation and expenses as provided in ORS 292.495 from such funds as may be available to the commission.
(7) Meetings of the commission shall be open and public in accordance with ORS 192.610 to 192.705. Records of the commission shall be open and available to the public in accordance with ORS 192.311 to 192.478. The commission shall meet regularly with the executive director of the Home Care Commission to make recommendations and set policy, to approve or reject reports of the executive director, to adopt rules and to transact other business.
(8) A quorum of the commission shall consist of a majority of the members of the commission then in office. All decisions of the commission shall be made by a majority of all the members then in office.
(9) The commission shall, in accordance with ORS chapter 183, adopt and enforce rules to carry out the provisions of ORS 410.595 to 410.625.
(10) The commission is not subject to ORS 291.050 to 291.060.
(11) Members of the commission are officers of the state and the commission is a state commission for purposes of ORS 30.260 to 30.300 and 278.120 and ORS chapter 180.
(12) The chairperson may sign, on behalf of the commission, contracts or agreements that the commission authorizes or is required to execute. [2001 c.901 §2; 2007 c.70 §179; 2007 c.797 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.603 - Developmental Disabilities and Mental Health Committee.

(1) The Home Care Commission shall create a Developmental Disabilities and Mental Health Committee.
(2) The committee shall provide information and make recommendations to the commission and to the Department of Human Services on:
(a) Methods of improving the quality of services available to persons with developmental disabilities or mental illnesses and the family members of persons with developmental disabilities or mental illnesses;
(b) Means of ensuring that an adequate amount of services are available to persons with developmental disabilities or mental illnesses and the family members of persons with developmental disabilities or mental illnesses; and
(c) All the duties and functions under ORS 410.595 to 410.625 as those duties and functions pertain to persons with developmental disabilities or mental illnesses and the family members of persons with developmental disabilities or mental illnesses, including but not limited to:
(A) Qualifications for personal support workers;
(B) Registration of personal support workers;
(C) Referrals for routine, emergency and respite care;
(D) Training opportunities for personal support workers including, but not limited to, the training described in ORS 410.598; and
(E) Collective bargaining.
(3) The commission and the department shall consider the recommendations of the committee. When the commission or the department does not follow the recommendations of the committee, the commission or the department shall inform the committee of the reasons for not following the recommendations.
(4) The commission shall appoint members to the committee. In appointing members to the committee, the commission shall include at least one:
(a) Consumer of services, activities or purchases available to persons with developmental disabilities;
(b) Consumer of services, activities or purchases available to persons with mental illnesses;
(c) Family member of a person with a developmental disability;
(d) Family member of a person with a mental illness;
(e) Advocate for persons with developmental disabilities or mental illnesses;
(f) Personal support worker;
(g) Representative from an agency that assists persons with developmental disabilities or mental illnesses in finding and arranging resources for home care services; and
(h) Representative from a support services brokerage that assists persons with developmental disabilities or mental illnesses in finding and arranging resources for home care services. [2010 c.100 §3; 2018 c.75 §5]