reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0010 - Services Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State Trust
			 Fund and Disability Trust Fund monies can be used to purchase additional
			 services currently available in the state service delivery system which do not
			 supplant services already provided by public assistance programs or to purchase
			 new services deemed appropriate for the beneficiary or recipient. Such monies
			 cannot provide for the same needs as those provided by public assistance
			 programs, nor shall the supplementary services reduce, impair or diminish the
			 benefits to which the beneficiary or recipient is otherwise entitled by law.
			 Therefore, the following shall apply:
(a)
			 State Trust Fund and Disability Trust Fund monies shall not be used to meet
			 food, shelter, clothing, personal needs, room/board and medical needs of the
			 beneficiary or recipient, unless it is in addition to such needs, or not
			 otherwise provided by other entitlement programs;
(b) State Trust Fund and Disability Trust
			 Fund monies shall not be made available as a direct payment to the beneficiary
			 or recipient;
(c) State Trust Fund
			 and Disability Trust Fund monies for supplementary services shall cease if the
			 beneficiary or recipient moves out of the state of Oregon, effective the date
			 of the move. The funds in the beneficiary's State Trust Fund account shall be
			 transferred back to the private, non-profit trust;
(d) All services purchased with State Trust
			 Fund and Disability Trust Fund monies will be purchased by way of vouchers,
			 approved by the Division, for supplementary services specified in the
			 Agreement, or in the case of Disability Trust Fund monies, for supplementary
			 services authorized by the designated local Division office;
(e) Individual Life Care Plans will define
			 those supplemental services for which payment will be made for the
			 beneficiary.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0020 - Funding of Services for State Trust Fund

Current through Register Vol. 63, No. 7, July 1, 2024
Supplemental services are paid by voucher from the individual
				beneficiary's account to fulfill the life care plan created. Each agreement
				must indicate the amount of money to be made available for the supplemental
				services. Once supplemental services commence, the private, non-profit trust
				will transfer the principal and interest from the beneficiary's fund to the
				State Trust Fund, to be deposited into a separate account for the beneficiary.
				The Division will authorize and implement the provision of the supplemental
				services to be provided and the State Executive Department will direct the
				payments from the State Trust Fund upon vouchers.
Stat. Auth.: ORS
				  410.730 & ORS
				  410.732
Stats. Implemented: ORS
				  410.730
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0030 - Administrative Procedures for State Trust Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Life Care Plan. Prior to the execution of
			 the life care plan between the sponsor(s) and the private, non-profit trust,
			 the Division must review and approve the plan within 60 days of receiving the
			 completed life care plan.
(2)
			 Agreement. At the time a beneficiary becomes eligible to receive supplemental
			 services, the private, non-profit trust shall enter into an agreement with the
			 Division. The private, non-profit trust shall transfer the prescribed amount of
			 the beneficiary's funds into the State Trust Fund. Monies transferred into the
			 State Trust Fund shall not be from sources which would result in reduction,
			 impairment, or diminishment of benefits to which a beneficiary is otherwise
			 entitled by law. The agreement shall include the amount of money to be
			 deposited into the beneficiary's account, the supplemental services to be
			 provided, and the amount to be spent for the supplemental services. Other
			 provisions of the agreement shall include, but not be limited to:
(a) The Division shall indicate whether or
			 not the list of supplemental services are currently being provided by public
			 assistance programs and whether or not the supplemental services would in any
			 way reduce, impair or diminish the benefits to which the beneficiary is
			 otherwise entitled by law;
(b) Each
			 agreement shall identify the beneficiary for which an account must be
			 established in the State Trust Fund and to whom supplemental services will be
			 provided;
(c) Each agreement shall
			 cover the administrative process for implementing the private non-profit
			 trust;
(d) Each agreement may be
			 amended by addenda;
(e) Each
			 agreement shall be reviewed annually and may be amended, as needed;
(f) Each agreement shall require that upon
			 the death of the beneficiary, no less than 50 percent of the remaining assets
			 in the State Trust Fund shall be transferred to the Disability Trust Fund;
			 and
(g) Each agreement shall
			 indicate whether monies from the private, non-profit trust will be transferred
			 no more often than annually to the State Trust Fund, or be left to the
			 discretion of the Division to determine how often monies can be
			 transferred.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0040 - Self-Sufficiency Trust Responsibilities (Private, Non-Profit Trust)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The private,
			 non-profit self-sufficiency trust shall have all responsibility for the
			 solicitation and enrollment of participants into the State Self-Sufficiency
			 Trust Fund. Specific responsibilities include:
(a) Explaining the private, non-profit trust
			 and State Trust Fund activities to all family members approaching the private,
			 non-profit trust;
(b) Enrolling
			 those wanting to participate through an application process;
(c) Gathering the necessary assessment and
			 evaluation data pertaining to the beneficiary;
(d) Meeting with the family members to refine
			 and prioritize the services needs of the beneficiary;
(e) Developing a life care plan based on the
			 assessment conducted, projecting the specific services required, dates of such
			 services and projected costs of such services by developing a financial plan.
			 The financial plan must itemize the means in which services outlined are to be
			 funded through contributions to the private, non-profit trust;
(f) Developing and executing all necessary
			 contractual and legal requirements between the sponsor of the beneficiary and
			 the private, non-profit trust; and
(g) Before executing the Life Care Plan, the
			 private, non-profit trust must have received final approval by the
			 Division.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0100 - Disability Trust Fund Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to receive supplemental services
			 through the Disability Trust Fund, an individual must:
(a) Be 18 years of age or older;
(b) Be disabled as defined in OAR
			 411-100-0005;
(c) Be indigent and meet the Supplementary
			 Security income eligibility standards; or
(d) Be a recipient of services from the
			 Department of Human Services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0110 - Supplemental Services Provided by the Disability Trust Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Determination
			 of Supplemental Services:
(a) Allocation of
			 the Disability Trust Fund monies shall be determined by the Division;
(b) Supplemental services shall be provided
			 annually to an eligible individual on a one-time basis. Individuals can
			 annually reapply and may be eligible for supplemental services;
(c) The supplemental services authorized and
			 the amount of Disability Trust Fund monies allocated to each eligible
			 individual shall be left to the local designated Division office's discretion,
			 taking into consideration the amount of Disability Trust Fund dollars allocated
			 by the Division;
(d) Supplemental
			 services provided for recipients are supplemental care, support, or treatment
			 as defined in OAR 411-100-0005.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 200 - DISABILITY DETERMINATION SERVICES RATES OF PAYMENT - MEDICAL › Section 411-200-0010 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Human Services (Department) reimburses a vendor or consultant for
			 the costs of goods and services only if the Department has authorized payment
			 before the provision of goods and services. The Department rejects all invoices
			 for goods and services without the required prior authorization.
(2) Except as provided in OAR
			 411-200-0030 and OAR
			 411-200-0035, the amount that
			 the Department pays the vendor or consultant for previously authorized goods
			 and services is:
(a) For a vendor: The rates
			 set forth in OAR 411-200-0030; and
(b) For a consultant: No more than the
			 maximum fee for the service prescribed in the United States Department of
			 Health and Human Services' fee schedule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 200 - DISABILITY DETERMINATION SERVICES RATES OF PAYMENT - MEDICAL › Section 411-200-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to the rules in OAR chapter 411, division 200.
(1) "Brief Narrative" means a document that
			 summarizes claimant treatment to date and current status, briefly addresses
			 three to five specific topics posed by the Department, if any, and is usually
			 one or two pages.
(2)
			 "Comprehensive Narrative" means a document that describes an extended claimant
			 history, addresses six or more specific topics, and is usually three or more
			 pages.
(3) "Consultant" means an
			 individual whose professional credentials per the policy of the Social Security
			 Administration identify the individual either as an acceptable medical source
			 or qualified medical source.
(4)
			 "Department" means the Oregon Department of Human Services.
(5) "DDS" means the Disability Determination
			 Services program within the Department funded by, and subject to, the
			 disability rating rules of the Social Security Administration.
(6) "Fee Schedule" means a complete listing
			 of fees used by the United States Department of Health and Human Services to
			 pay for goods and services. The fee schedule is maintained at:
https://www.cms.gov/apps/physician-fee-schedule/license-agreement.aspx
.
			 Printed copies may be obtained by contacting the Centers for Medicare &
			 Medicaid Services, 7500 Security Blvd., Baltimore, MD 21244.
(7) "HHS" means the United States Department
			 of Health and Human Services.
(8)
			 "These Rules" mean the rules in OAR chapter 411, division 200.
(9) "Vendor" means an individual or entity
			 (such as hospitals, clinics, private practices) that provide medical evidence
			 of record or other services at the Department's request and may, at the
			 Department's request and with the Department's prior authorization, provide a
			 brief or comprehensive narrative of medical treatment for the Department's
			 review.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 200 - DISABILITY DETERMINATION SERVICES RATES OF PAYMENT - MEDICAL › Section 411-200-0030 - Medical Evidence of Record (MER) and Narrative Charges for Vendors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided by section (4) of this rule, the Department pays the lesser of the
			 following fees for existing medical records requested by the Department:
(a) The lowest fee for the records that the
			 vendor charges the general public or other state or federal agencies for the
			 records; or
(b) When the invoice
			 itemizes the number of pages provided:
(A)
			 For 10 or fewer pages, $18.00;
(B)
			 For 11-20 pages, $18.00 for the first 10 pages plus $0.25 per page for each
			 additional page;
(C) For 21-40
			 pages, $20.50 for the first 20 pages plus $0.10 per page for each additional
			 page; and
(D) For more than 40
			 pages, a maximum payment of $22.50.
(c) If the invoice does not itemize the
			 number of pages provided, the Department pays a total maximum payment of
			 $18.00.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 200 - DISABILITY DETERMINATION SERVICES RATES OF PAYMENT - MEDICAL › Section 411-200-0035 - Consultative Examination (CE) and Related Charges for Consultants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule, the Department pays the lesser of the
			 following fees for examinations and lab work when requested and pre-authorized
			 by the Department:
(a) The lowest fee for
			 services that the consultant charges the general public or other state or
			 federal agencies; or
(b) The rate
			 prescribed by HHS in the fee schedule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 200 - DISABILITY DETERMINATION SERVICES RATES OF PAYMENT - MEDICAL › Section 411-200-0040 - Limitations of Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 vendor or consultant who has entered into a price agreement or contract with
			 one part of the Department to provide identified services must provide the same
			 services at the same price to the Department if requested.
(2) The vendor must accept the fees
			 prescribed by these rules as payment in full. If a vendor's usual and customary
			 fee for a service exceeds the fee prescribed by these rules, a client or the
			 client's family may not be liable to the vendor for any portion of a vendor's
			 usual and customary fee unless the client or the client's family agrees in
			 writing to assume the additional charges. Without such explicit agreement, the
			 vendor must accept the Department's payment as payment in full.
(3) A consultant may be reimbursed a fee of
			 $56.46 for a missed appointment, or those cancelled by the DDS with less than
			 48 hours/two (2) business days' notice. A consultant may consider an
			 appointment missed if a claimant is more than 15 minutes late following the
			 appointed time and, consequently, the examination cannot be performed.
(4) A consultant is not reimbursed
			 for the time to travel to or from an authorized consultative examination.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in OAR chapter 411, division 300 prescribe standards, responsibilities,
			 and procedures for the Department to partner with families and community
			 partners in the delivery of specialized in-home services through a combination
			 of Community First Choice state plan services and one of three Children's
			 Intensive In-Home Services (CIIS) Programs.
(2) CIIS programs are comprised of three
			 1915(c) Home and Community-Based Services (HCBS) Model Waivers:
(a) Behavioral Model Waiver services are
			 exclusively intended for a child with an intellectual or developmental
			 disability with significant behaviors as indicated by the Behavior Criteria who
			 require an ICF/ID level of care.
(b) Medically Fragile Model Waiver services
			 are exclusively intended for a child with significant medical needs as
			 indicated by the Medically Fragile Clinical Criteria who require a hospital
			 level of care.
(c) Medically
			 Involved Model Waiver services are exclusively intended for a child with
			 significant medical needs as indicated by the Medically Involved Children's
			 Waiver Criteria who require a nursing facility level of care.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0110 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				300. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "ADL" means
			 "activities of daily living".
(2)
			 "Behavior Criteria" means the criteria used by the Department to evaluate the
			 intensity of the behaviors, challenges, and service needs of a child and to
			 determine eligibility for the ICF/ID Behavioral Model Waiver.
(3) "CDDP" means "Community Developmental
			 Disabilities Program".
(4) "Child"
			 means an individual who is less than 18 years of age, and applying for, or
			 accepted for, CIIS.
(5) "CHIP"
			 means the "Children's Health Insurance Program".
(6) "CIIS" means "Children's Intensive
			 In-Home Services". CIIS includes case management from a Department-employed
			 services coordinator and the services authorized by the Department delivered
			 through the following:
(a) The ICF/ID
			 Behavioral Program.
(b) The
			 Medically Fragile Children's Program.
(c) The Medically Involved Children's
			 Program.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0120 - Eligibility for CIIS

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 NON-DISCRIMINATION. A child may not be denied CIIS or otherwise discriminated
			 against on the basis of race, color, religion, sex, gender identity, sexual
			 orientation, national origin, marital status, age, disability, source of
			 income, duration of Oregon residence, or other protected classes under federal
			 and Oregon Civil Rights laws.
(2)
			 ASSESSMENT. An assessment of a child for a determination of eligibility for
			 entry into CIIS may be requested by the child's services coordinator or legal
			 guardian.
(3) GENERAL ELIGIBILITY.
			 To be eligible for CIIS, a child must meet the following requirements:
(a) Be under the age of 18 or under the age
			 of 21 for a young adult who meets the requirements in section (6) of this rule
			 and is accessing private duty nursing services only.
(b) Be an Oregon resident who meets the
			 residency requirements in OAR
			 461-120-0010.
(c) Be receiving:
(A) A Medicaid Title XIX benefit package
			 through OSIPM or HSD medical programs; or
(B) A benefit package through the Healthier
			 Oregon medical program.
(d) Contribute to the cost of services in
			 accordance with OAR 461-160-0610 and OAR
			 461-160-0620, for a child with
			 excess income.
(e) Reside in the
			 family home (except for a child or young adult living in foster care who is
			 eligible for private duty nursing services only).
(f) Be safely served in the family home. This
			 includes, but is not limited to, a qualified primary caregiver demonstrating
			 the willingness, skills, and ability to provide direct care as outlined in an
			 ISP in a cost effective manner, as determined by a services coordinator, and
			 participate in planning, monitoring, and evaluation of the services
			 provided.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007 &
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0140 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007 &
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0150 - Scope of CIIS and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 CIIS are intended to support, not supplant, the naturally occurring supports
			 provided by a legally responsible primary caregiver and enable the primary
			 caregiver to meet the needs of caring for a child receiving CIIS. CIIS are not
			 meant to replace other available governmental or community services and
			 supports. All CIIS funded by the Department must be provided according to the
			 Expenditure Guidelines and based on the actual and customary costs related to
			 best practice standards of care for children with similar
			 disabilities.
(2) A services
			 coordinator must provide case management and other supports according to OAR
			 chapter 411, division 415 and these rules.
(3) To be authorized and eligible for payment
			 by the Department, all CIIS must be:
(a)
			 Directly related to the assessed needs of a child or young adult.
(b) Required to maintain the health and
			 safety of the child.
(c) Cost
			 effective.
(d) Considered not
			 typical for a parent or guardian to provide to a child of the same
			 age.
(e) Required to help the
			 parent or guardian continue to meet the needs of caring for the
			 child.
(f) Included in an approved
			 ISP.
(g) Provided according to the
			 Expenditure Guidelines.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0155 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0165 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0170 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0175 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0190 - CIIS Provider Documentation and Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Documentation of services provided must
			 be consistent with the requirements described in:
(a) OAR
			 411-450-0080 for community
			 living supports.
(b) OAR
			 411-375-0035 for independent
			 providers.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0205 - Rights, Complaints, Notification of Planned Action, and Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INDIVIDUAL
			 RIGHTS.
(a) The rights of a child are
			 described in OAR 411-318-0010.
(b) Upon entry and request and annually
			 thereafter, the individual rights described in OAR
			 411-318-0010 must be provided to
			 the child as applicable, and parent or guardian of the child.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0210 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007 &
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 300 - CHILDREN'S INTENSIVE IN-HOME SERVICES (CIIS) › Section 411-300-0220 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 303 - BEHAVIOR INTERVENTION CURRICULUM › Section 411-303-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in OAR chapter 411, division 303 prescribe standards,
				responsibilities, and procedures related to the ODDS-approved behavior
				intervention curriculum.
Statutory/Other Authority: ORS
				  409.050,
				  418.529,
				  427.104 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  418.529,
				  427.007,
				  427.104,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 303 - BEHAVIOR INTERVENTION CURRICULUM › Section 411-303-0010 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				303. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "Authorized
			 Entity" means an organization approved by ODDS to certify instructors in an
			 ODDS-approved behavior intervention curriculum.
(2) "Instructor" means a person certified by
			 the authorized entity to teach an ODDS-approved behavior intervention
			 curriculum to providers and designated persons supporting individuals with
			 intellectual and developmental disabilities.
(3) "ODDS" means "Office of Developmental
			 Disabilities Services".
(4) "These
			 Rules" mean the rules in OAR chapter 411, division 303.
Statutory/Other Authority: ORS
				  409.050,
				  418.529,
				  427.104 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  418.529,
				  427.007,
				  427.104,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 303 - BEHAVIOR INTERVENTION CURRICULUM › Section 411-303-0020 - Authorized Entity Standards

Current through Register Vol. 63, No. 7, July 1, 2024
An authorized entity must have formal approval from ODDS to
				deliver an ODDS-approved behavior intervention curriculum to instructors,
				providers, and designated persons.
Statutory/Other Authority: ORS
				  409.050,
				  418.529,
				  427.104 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  418.529,
				  427.007,
				  427.104,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 303 - BEHAVIOR INTERVENTION CURRICULUM › Section 411-303-0030 - Curriculum Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 ODDS-approved behavior intervention curriculum must meet all of the following
			 standards:
(a) Be based in positive behavior
			 support practices.
(b) Require the
			 teaching of techniques for nonviolent crisis intervention that do not require
			 physical restraint.
(c) Focus on
			 de-escalation and trauma-informed behavioral support.
(d) Offer options for certification in skills
			 that do not include the use of restraint.
(e) Ensure that any physical intervention
			 skills taught are trauma-informed, culturally-responsive, age-appropriate, and
			 developmentally appropriate.
(f)
			 Ensure that any physical intervention skills account for the individual's size
			 and the provider or designated person's size.
(g) Include training to reduce the risk of
			 physical and emotional harm.
(h) Be
			 consistent with all state and federal laws.
(i) Include training to identify the
			 physical, psychological, and emotional risks related to the use of
			 restraint.
(j) Ensure fidelity of
			 training through the publication of consistent, regularly-updated, training
			 materials and resources for certified instructors, providers, and designated
			 persons.
(k) Include requirements
			 for training and certification of instructors, providers, and designated
			 persons.
(l) Require regular,
			 ongoing support to certified instructors, including quality control, monitoring
			 of outcomes, and provision of information regarding networks for professional
			 collaboration and support.
(m)
			 Ensure individual rights described in OAR chapter 411, division 318 are upheld.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 303 - BEHAVIOR INTERVENTION CURRICULUM › Section 411-303-0040 - Behavior Intervention Instructor Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An instructor for an ODDS-approved
			 behavior intervention curriculum must meet all of the following standards:
(a) Be certified by the authorized entity to
			 conduct the type of training the instructor is providing.
(b) Be recertified by the authorized entity
			 at least once every two years.
(c)
			 Demonstrate written and physical competency before receiving certification or
			 recertification.
(d) Complete a
			 minimum of 26 hours of initial education with a focus on de-escalation,
			 nonviolent intervention, and methods consistent with ODDS rules for the use of
			 physical restraint.
(e) Complete a
			 minimum of eight hours of continuing education every two
			 years.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 303 - BEHAVIOR INTERVENTION CURRICULUM › Section 411-303-0050 - Behavior Intervention Certification Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be certified in an ODDS-approved
			 behavior intervention curriculum, a provider or designated person must:
(a) Complete an approved training program
			 delivered by an instructor; and
(b)
			 Demonstrate physical and written competencies as appropriate to the settings
			 and individuals supported.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0110 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 411, division 304 establish the standards for behavior
			 professionals and the delivery of professional behavior services to individuals
			 with intellectual or developmental disabilities receiving family support
			 services or positive behavior support services under the Community First Choice
			 state plan.
(2) Professional
			 behavior services are delivered by a behavior professional using a
			 person-centered, problem-solving approach to address an individual's
			 challenging behavior. A behavior professional also provides consultation and
			 training to the individual's designated person on the least intrusive
			 strategies to mitigate behaviors that may place the individual's health and
			 safety at risk.
Statutory/Other Authority: ORS
				  409.050,
				  427.104 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  427.007,
				  427.104,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0120 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				304. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "ADL" means
			 "activities of daily living".
(2)
			 "Baseline Behavior" means an individual's typical behavior pattern, prior to
			 the implementation of a new or revised Positive Behavior Support Plan,
			 including both challenging and non-challenging behaviors used to meet an
			 identified need.
(3) "Behavior Data
			 Collection System" means the methodology specified within a Positive Behavior
			 Support Plan or Temporary Emergency Safety Plan for recording observations,
			 interventions, and other information to analyze the effectiveness of behavior
			 supports.
(4) "FBA" means
			 "Functional Behavior Assessment".
(5) "HSD" means Health Systems Division,
			 Medical Assistance Programs under the Oregon Health Authority.
(6) "IADL" means "instrumental activities of
			 daily living."
(7) "ISP" means
			 "Individual Support Plan".
(8)
			 "Measurable Description" means a description of the challenging behavior,
			 including all of the following:
(a) The
			 duration of the challenging behavior.
(b) The frequency of the challenging
			 behavior.
(c) The intensity of the
			 challenging behavior.
(d) The
			 severity of the challenging behavior, including the effect of the behavior on
			 the individual, others, or the environment.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0130 - Eligibility for Professional Behavior Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual may not be denied
			 professional behavior services or otherwise discriminated against on the basis
			 of race, color, religion, sex, gender identity, sexual orientation, national
			 origin, marital status, age, disability, source of income, duration of Oregon
			 residence, or other protected classes under federal and Oregon Civil Rights
			 laws.
(2) To be eligible for
			 professional behavior services, an individual must meet the following
			 requirements:
(a) Be determined eligible for
			 developmental disabilities services by the Community Developmental Disabilities
			 Program of the county of origin as described in OAR
			 411-320-0080, except for those
			 enrolled in the Medically Involved Children's Waiver or the Medically Fragile
			 Children's Program as described in OAR chapter 411, division 300.
(A) A child enrolled in the Medically
			 Involved Children's Waiver must be determined eligible for the waiver as
			 described in OAR 411-300-0120(7).
(B) A child enrolled in the Medically Fragile
			 Children's Program must meet the eligibility requirements described in OAR
			 411-300-0120(5).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0140 - Professional Behavior Services and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PROFESSIONAL BEHAVIOR SERVICES.
(a) Professional behavior services include:
(A) Gathering and analyzing data and
			 information for the development of the TESP, FBA, and PBSP.
(B) Creating the TESP, FBA, and
			 PBSP.
(C) Orientation for an
			 individual on the findings of the FBA and behavior supports included in the
			 individual's TESP and PBSP.
(D)
			 Initial training to an individual's designated person on the findings of the
			 FBA and behavior supports included in the individual's TESP and PBSP.
(E) Analyzing and updating the behavior
			 supports developed as part of a PBSP.
(F) Modifying and revising a PBSP, as needed,
			 including when determined necessary by an individual's ISP team.
(G) Maintenance of the PBSP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0150 - Professional Behavior Service Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A behavior professional develops and
			 implements the following:
(a) A TESP as
			 described in section (3) of this rule.
(b) An FBA as described in section (4) of
			 this rule.
(c) A PBSP as described
			 in section (5) of this rule.
(d)
			 Maintenance of the PBSP as described in section (6) of this
			 rule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0160 - Safeguarding Interventions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 behavior professional may only include a safeguarding intervention in a PBSP
			 when all of the following conditions are met:
(a) The safeguarding intervention is directed
			 for use only:
(A) As an emergency crisis
			 strategy.
(B) For as long as the
			 situation presents imminent danger to the health or safety of the individual or
			 others.
(C) As a measure of last
			 resort.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0170 - Qualifications and Standards for Behavior Professionals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who is hired, promoted, or
			 enrolled to deliver professional behavior services must meet at least one of
			 the following requirements:
(a) Possess a
			 Board-Certified Behavior Analyst® (BCBA®) graduate-level certification
			 in behavior analysis and one year of experience using positive behavior support
			 services with individuals who experience intellectual or developmental
			 disabilities.
(b) Possess a Master
			 of Arts or Master of Science in psychology, sociology, human services,
			 education, social work, or other social or behavioral sciences, or the
			 equivalent, and one year of experience using positive behavior support services
			 with individuals who experience intellectual or developmental disabilities or
			 other related conditions.
(c)
			 Possess a Bachelor of Arts or Bachelor of Science in psychology, sociology,
			 human services, education, social work, social sciences, behavioral sciences,
			 or the equivalent as evidenced by transcripts indicating a minimum of six
			 courses in these fields, and two years of experience using positive behavior
			 support services with individuals who experience intellectual or developmental
			 disabilities, or other related conditions.
(d) A minimum of six years of experience
			 providing professional behavior services with individuals who experience
			 intellectual or developmental disabilities prior to January 1, 2023.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0180 - Provider Types and Agency Endorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Delivery of professional behavior
			 services is limited to the following provider types:
(a) An independent provider meeting the
			 standards in OAR chapter 411, division 375 and the qualifications in OAR
			 411-304-0170.
(b) An agency certified according to OAR
			 chapter 411, division 323 and endorsed to these rules, when the employee of the
			 agency delivering the service meets the qualifications in OAR
			 411-304-0170.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0190 - Documentation and Records for Professional Behavior Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A behavior
			 professional must maintain documentation of all delivered professional behavior
			 services and furnish the documentation to the Department, Oregon Health
			 Authority, or case management entity, upon request. A behavior professional
			 must document all of the following:
(a) Date
			 of service.
(b) Who provided the
			 service.
(c) Location of where and
			 method of how the service was provided.
(d) Length of time required for the service,
			 including start and end times.
(e)
			 Description of the service delivered.
(f) People present when the service was
			 delivered.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0200 - Claim Reimbursement Requirements for Independent and Agency Providers of Professional Behavior Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Claim reimbursement is required for all professional behavior services
			 delivered to an individual.
(2) A
			 behavior professional must maintain true and accurate information for claims,
			 including the written documents and an invoice attesting the hours were
			 delivered as billed. All invoices must be made available upon request by the
			 case management entity, the Department, or their designees. An invoice for
			 professional behavior services already delivered is required to be submitted to
			 the Department accompanying any request for an exception to the Expenditure
			 Guidelines.
(3) Payment for
			 periodic or ongoing maintenance of the PBSP must:
(a) Meet the delivery of service requirements
			 contained in these rules;
(b) Be
			 prior authorized by the case management entity;
(c) Have the need for maintenance identified
			 in an individual's ISP, or Annual Plan for family support services, and the
			 ongoing maintenance is identified as a chosen service; and
(d) Only be paid when a progress note for the
			 maintenance has been submitted by the behavior professional to the case
			 management entity. The progress note must identify progress toward, or reason
			 for regress from, the desired outcomes as identified in an individual's ISP,
			 Annual Plan for family support services, or Service Agreement, as applicable.
			 The progress note must include all of the following for each service delivered:
(A) Date of service.
(B) Who provided the service.
(C) Location of where the service was
			 provided.
(D) Length of time
			 required for the service, including start and end times.
(E) Description of the service
			 delivered.
(F) People present when
			 the service was delivered.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 304 - PROFESSIONAL BEHAVIOR SERVICES FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-304-0210 - Individual Rights, Complaints, Notification of Planned Action, and Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Behavior
			 professionals 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 related to the
			 delivery of professional behavior services.
(2) Behavior professionals must have and
			 implement written policies and procedures for individual complaints according
			 to OAR 411-318-0015.
(a) Individual complaints by, or on behalf
			 of, an individual must be addressed according to OAR
			 411-318-0015.
(b) The behavior professional's policy and
			 procedures for individual complaints must be explained and provided to an
			 individual and their legal or designated representative at the start of
			 professional behavior services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0010 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007 &
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 305 - FAMILY SUPPORT SERVICES FOR CHILDREN › Section 411-305-0020 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  410.070
Stats. Implemented: ORS
				  427.005,
				  427.007 &
				  430.610 -
				  430.695