reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0090 - In-Home Agency Services and Provider Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of this rule,
(a) Case manager as used in OAR
			 411-033-0020 is synonymous with
			 the Services Case Manager in OAR 411-014-0010; and
(b) Individual as used in OAR
			 411-033-0020 is modified to
			 apply to people aged 60 or older or an adult aged 18 or older with physical
			 disability.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0100 - Adult Day Services (ADS) and ADS Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible
			 individual may choose to receive services, in lieu of hours, from an
			 ADS.
(2) If chosen by the eligible
			 individual, the OPI-M Services Case Manager authorizes and monitors ADS
			 services in an OPI-M service plan. The amount of time authorized for ADS should
			 be used to reduce the number of hours authorized from the maximum in-home
			 hours.
(3) Adult Day Services
			 programs must adhere to the standards in OAR
			 411-066-0020, registration
			 requirements in OAR 411-066-0010 and be certified
			 and maintain a Medicaid provider number as in OAR
			 411-066-0015.
(4) Adult Day Services will be paid in
			 accordance with OAR 411-027-0020(6).
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.060,
				  410.070 &
				  414.065
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0110 - Assistive Technology, Emergency Response Systems and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Assistive
			 Technology such as electronic back-up systems and Emergency Response systems
			 may be authorized in an OPI-M service plan by an OPI-M Services Case Manager
			 for individuals who meet the criteria in OAR
			 411-035-0025.
(2) Assistive Technology and Emergency
			 Response systems must meet the criteria in OAR
			 411-035-0030.
(3) Assistive Technology and Emergency
			 Response System providers must meet the requirements of and provide services in
			 compliance with OAR 411-035-0035.
(4) All requests over $500 must be approved
			 by designated Department Central Office staff.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.060,
				  410.070 &
				  414.065
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0130 - Unpaid Caregiver Education and Training and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, an unpaid caregiver means a person providing assistance
			 that meets the following conditions:
(a)
			 Longevity/Acuity:
(A) The caregiver has been
			 providing unpaid caregiving for 3 months or longer; and
(B) Expects to continue providing caregiving
			 for 3 months or longer; or
(C) The
			 individual is receiving hospice services; or
(D) There is a new diagnosis of an acute or
			 traumatic event causing an increase in the need for activities of daily living
			 care and the increase in additional care is expected to last 3 months or
			 longer; or
(E) There is a
			 significant deterioration of functional ability causing the need for an
			 immediate increase in assistance with activities of daily living which is
			 expected to last 3 months or longer.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0140 - Chore Services and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Chore services
			 assist individuals to maintain their health and safety and are beyond the scope
			 of ADL and IADL tasks as defined in OAR
			 411-015-0006 and OAR
			 411-015-0007.
(2) To be eligible for chore services, an
			 individual must meet the criteria in OAR
			 411-035-0040.
(3) Chore services must meet the eligible
			 chore service criteria in OAR
			 411-035-0045.
(4) Chore services are not subject to the
			 40-hour cap.
(5) Chore services
			 providers must meet the qualifications and follow the requirements in OAR
			 411-035-0050.
Statutory/Other Authority: ORS
				  410.070
Statutes/Other Implemented: ORS
				  410.060,
				  410.070 &
				  414.065
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0150 - Community Caregiver Supportive Services and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Community
			 Caregiver Supportive Service may be authorized to assist the individual and
			 their natural support systems.
(2)
			 Through a person-centered planning process with the individual, the Services
			 Case Manager must assess and document the need for Community Caregiver
			 Supportive Services on the service plan form using the Unpaid Caregiver
			 Assessment tool.
(3) The caregiver
			 meets the criteria for an unpaid caregiver in OAR
			 411-016-0130(1).
(4) Services include but are not limited to:
(a) Paid wellness services;
(b) Group-based activities;
(c) Peer supports; and
(d) Facilitated support groups.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0160 - Evidence Based Health Promotion Services and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Evidence Based
			 Health Promotion Services assist eligible individuals to maintain or improve
			 their health or build skills to manage health conditions. These services
			 include, but are not limited to:
(a) Program
			 to Encourage Active, Rewarding Lives for Seniors (PEARLS);
(b) Healthy IDEAS (Identifying Depression
			 Empowering Activities for Seniors);
(c) The suite of Chronic Disease
			 Self-Management Education (CDSME) programs;
(d) Fit & Strong!;
(e) A Matter of Balance;
(f) The Otago Exercise Program
			 (OEP);
(g) Tai Chi - Moving for
			 Better Balance; and
(h) SHARE for
			 Dementia (Support, Health, Activities, Resources, Education).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0170 - Home Delivered Meals and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 for home delivered meals a participant must:
(a) Be eligible for OPI-M;
(b) Be unable to complete meal preparation as
			 defined in OAR 411-015-0007 on a regular basis
			 without assistance; and
(c) Not
			 have natural supports available that are willing and able to provide meal
			 preparation services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0180 - Home Modifications and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Home
			 modifications may be authorized for OPI-M eligible individuals whose
			 circumstances meet the consumer environmental modifications criteria in OAR
			 411-035-0055.
(2) Home modifications must be eligible
			 environmental modifications described in OAR
			 411-035-0060.
(a) An individual or the individual's
			 representative may request home modifications listed in OAR
			 411-035-0060 if needed to assist
			 with the performance of an ADL or IADL, for the health and safety of the
			 individual or to reduce the need for the assistance of a paid
			 caregiver.
(b) An individual or the
			 individual's representative must make requests to the Services Case Manager and
			 provide any requested documentation of the unmet needs that will be addressed
			 by the modification.
(c) The
			 Department will make all decisions on home modification exception
			 requests.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0190 - Long Term Care Community Nursing Services and Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals
			 with health-related needs as assessed by the Services Case Manager are eligible
			 for long term care community nursing services as described in Oregon
			 Administrative Rule chapter 411, division 048.
(2) For the purposes of these rules, the term
			 case manager used in chapter 411, division 048 is synonymous with the term
			 Services Case Manager used in these rules.
(3) Long Term Care Community Nursing Services
			 must be prior authorized by the Services Case Manager.
(4) Limitations:
(a) Services Case managers may not prior
			 authorize long term care community nursing services that duplicate nursing
			 services provided by Medicare or other Medicaid programs for which the
			 individual is eligible.
(b) Long
			 term care community nursing services do not include:
(A) Nursing activities used for other
			 functions such as protective service investigations, pre-admission screenings,
			 eligibility determinations, licensing inspections, case manager assessments, or
			 corrective action activities. This limitation does not include authorized care
			 coordination as defined in OAR
			 411-048-0160
			 (Definitions).
(B) Reimbursement
			 for direct hands-on nursing as defined in OAR
			 411-048-0160
			 (Definitions).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0200 - Special Medical Equipment and Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals may
			 be eligible for specialized or durable medical equipment and medical supplies
			 if no other payer such as Medicare, Medicaid medical benefits or other
			 insurance is paying for the equipment or supplies.
(2) Special medical equipment or supplies
			 must be necessary to support the consumer's health or well-being. Special
			 medical equipment is not assistive technology as defined in OAR
			 411-016-0005 and is not a
			 replacement or substitute for caregiver or unpaid caregiver services.
(3) Special medical equipment or supplies
			 must be prior authorized in accordance with OAR
			 411-035-0015 (2-6).
(4) To be considered an eligible request,
			 when possible, three bids are required from providers. Consumers should work
			 with their Services Case Manager to obtain bids. Bids may not include
			 comparative pricing done through the internet.
(5) Special medical equipment or supplies
			 must be approved by Central Office.
(6) No monetary funds shall be released for
			 installation of special medical equipment or supplies to the provider until the
			 work is finished and is functioning as expected.
(7) Upon delivery, providers must ensure:
(a) The product is functioning
			 correctly;
(b) The product properly
			 fits the consumer; and
(c) If
			 applicable, the individual is given adequate instruction on the product's
			 use.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0210 - Supports for Consumer Direction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Supports for
			 Consumer Direction directly benefit the individual by providing skills and
			 knowledge to become an effective employer of homecare workers, self-advocate
			 for other services and resources and manage service plans and goals. This
			 includes but is not limited to skill-building for self-advocacy, setting
			 boundaries, identifying and achieving service plan and personal goals and life
			 experiences that ensure health, safety and well-being, rights and
			 responsibilities as an employer, creating a work schedule, supervising
			 providers in the home, and how to address unsatisfactory work.
(2) Supports for Consumer Direction may not
			 duplicate other services or be authorized if available from other less
			 expensive resources unless the quality of the education and training is more
			 substantive or relevant than the other resources.
(3) Providers must at a minimum meet the
			 following requirements:
(a) Be an organization
			 or individual with at least 2 years of experience in:
(A) Assisting older adults and people with
			 disabilities to learn how to self-direct caregivers, or
(B) Educating older adults and people with
			 disabilities to learn skills to be a self-advocate, or
(C) Educating older adults and people with
			 disabilities to learn skills related to supported decision making.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 16 - OREGON PROJECT INDEPENDENCE - MEDICAID (OPI-M) › Section 411-016-0300 - AAA Case Management, Data Collection, Records, and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CASE
			 MANAGEMENT.
(a) Type A and Type B contract
			 AAAs will provide services case management to OPI-M cases without full Medicaid
			 medical benefits.
(b) The
			 Department may make exceptions to subsection (a) if the individual has an
			 ongoing relationship with the AAA.
(c) Type A and Type B contract AAAs may
			 provide services case management to individuals receiving Medicare Savings
			 Programs.
(d) The Department's
			 local office or the Type B transfer AAA will provide case management services
			 to individuals eligible for full Medicaid medical benefits.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 18 - ESSENTIAL COMMUNITY PROVIDER CERTIFICATION › Section 411-018-0000 - Purpose and Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose: These rules establish standards and procedures for a
				long-term care facility that will be certified by the Department as an
				essential community provider long-term care facility.
(1) "Adult Foster Home" defined in ORS
			 443.705 means any family home or
			 facility in which residential care is provided in a home like environment for
			 five or fewer adults who are not related to the provider by blood or
			 marriage.
(2) "Certification" means
			 a written statement by the Department that the facility is an essential
			 community provider long-term care facility.
(3) "Department" means the Department of
			 Human Services, Seniors and People with Disabilities Division.
(4) "Disqualification" means a written
			 statement by the Department that informs the facility of the reasons for
			 disqualification.
(5) "Essential
			 community provider long-term care facility" means a long-term care facility in
			 which the average residency rate is 50% or more eligible for Medicaid during
			 the calendar year immediately preceding the calendar year in which the
			 Department is making certification; except that in adult foster homes the
			 average residency rate will be 60%.
(6) "Long term care facility" means a nursing
			 facility, assisted living facility, residential care facility or an adult
			 foster home that is licensed by the Department.
(7) "Medicaid" means Title XIX of the Social
			 Security Act.
(8) "Medicaid
			 eligible residency rate" means the days of facility occupancy in the calendar
			 year for which Medicaid is responsible for payment either paid or accrued (or
			 would have been paid by or accrued to Medicaid except that another payment
			 source was available and used) divided by all days of facility occupancy in the
			 calendar year for which payment has been made or a liability for payment
			 accrued.
(9) "Medicare" means Title
			 XVIII of the Social Security Act.
Stat. Auth.: ORS
				  410.070
Stats. Implemented: ORS
				  307.808 -
				  307.815,
				  443.888 &
				  410.070
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 18 - ESSENTIAL COMMUNITY PROVIDER CERTIFICATION › Section 411-018-0010 - Certification Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A long-term
			 care facility seeking certification as an essential community provider
			 long-term care facility must make written application to the Department. The
			 application must include:
(a) The name under
			 which the facility is licensed;
(b)
			 The facility's Medicaid provider number, if the facility has a Medicaid
			 contract;
(c) The mailing address
			 of the facility;
(d) The county in
			 which the facility is located;
(e)
			 The name and address of a contact person at the facility;
(f) Information about facility residency
			 during the previous calendar year to include:
(A) A monthly count of resident days paid for
			 or accrued by Medicaid;
(B) A
			 monthly count of resident days paid for or accrued by Medicare;
(C) A monthly count of resident days that
			 would have been paid by Medicaid except for the availability of Medicare
			 payment;
(D) A monthly count of
			 resident days paid privately by facility residents or their families;
			 and
(E) A monthly count of resident
			 days paid through any other payment source; and
(g) A statement of the average calendar year
			 Medicaid eligible residency rate. The average Medicaid eligible residency rate
			 is the sum of all monthly days paid by or accrued to Medicaid plus all monthly
			 days that would have been paid by Medicaid except for the availability and use
			 of another source of payment divided by the total of all monthly days paid
			 through or accrued to all payment sources including Medicaid. The percent
			 calculated will be rounded up by the third decimal place.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 18 - ESSENTIAL COMMUNITY PROVIDER CERTIFICATION › Section 411-018-0020 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will issue a notice of Disqualification to a facility when it has
			 been determined the facility does not qualify for Certification.
(2) The notice of Disqualification must be
			 issued within 15 business days following receipt of the completed application
			 and informs the facility of the reasons for disqualification. A facility is
			 entitled to an informal conference or a contested case hearing pursuant to ORS
			 183.413-183.470, as described in
			 sections (3) or (4) of this rule, to protest the disqualification.
(3) Informal Conference.
(a) The facility may request an informal
			 conference by notifying the Department in writing within 30 days of receipt of
			 the notice of Disqualification.
(b)
			 The request for an informal conference must be postmarked within the 30-day
			 limit and must state specifically the reasons for requesting the
			 conference.
(c) The facility may
			 submit documentation and explain the basis for the protest at the informal
			 conference.
(d) Following the
			 informal conference, the Department will notify the facility of its decision by
			 mail within 15 business days.
(e)
			 No judicial review is available following a decision from an informal
			 conference. If the facility is not satisfied with the decision, the facility
			 may request a contested case hearing pursuant to ORS
			 183.413-183.470 by notifying the
			 Department in writing of the request for the hearing within 10 business days of
			 the date of the decision notice from the informal conference.
(f) If a facility is not satisfied with the
			 results from the contested case hearing, the facility may petition for judicial
			 review pursuant to ORS
			 183.480-183.497.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 19 - OREGON DEAF AND HARD OF HEARING SERVICES (ODHHS) ADVISORY COMMITTEE › Section 411-019-0000 - Purpose and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is to establish responsibilities and membership for the
			 Oregon Deaf and Hard of Hearing Services (ODHHS) advisory committee. The goal
			 of ODHHS is to serve members of the public and state agencies by ensuring
			 agency programs are available and accessible to individuals who are Deaf or
			 Hard of Hearing.
(2) The advisory
			 committee's responsibilities shall include the following:
(a) Identifying the needs and concerns of
			 individuals who are Deaf or Hard of Hearing.
(b) Making recommendations to the Department
			 of Human Services (DHS) related to the full achievement of economic, social,
			 legal, and political equity for the Deaf and Hard of Hearing
			 community.
(c) Advising the
			 Department of Human Services, Governor, Legislative Assembly, and other state
			 agencies on how state services for individuals who are Deaf or Hard of Hearing
			 might be improved or better coordinated to meet the needs of these
			 individuals.
(d) Providing
			 information to individuals who are Deaf or Hard of Hearing about where they may
			 obtain assistance in rehabilitation and employment and about laws prohibiting
			 discrimination in employment as a result of disability.
(e) Cooperating with interest groups in
			 rehabilitation and employment for individuals who are Deaf or Hard of Hearing,
			 and encourage public and private employers to undertake affirmative action to
			 ensure equitable employment of individuals who are Deaf or Hard of Hearing.
(f) Promoting information and
			 education to employers and the general public to increase awareness of and
			 sensitivity to the needs of individuals who are Deaf or Hard of Hearing and to
			 increase opportunities for equitable education and training that shall ensure
			 these individuals have the opportunity to reach their full vocational
			 potential.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 19 - OREGON DEAF AND HARD OF HEARING SERVICES (ODHHS) ADVISORY COMMITTEE › Section 411-019-0010 - 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 019:
(1) "Deaf" is a term that describes
			 individuals who usually have no useful residual hearing and who generally use
			 sign language as their primary mode of communication. This group of individuals
			 is culturally Deaf and uses the uppercase "D" when using this term.
(2) "deaf" is a term that describes
			 individuals who are audiologically deaf. Individuals who are deaf generally use
			 their residual hearing with speech reading, amplification, hearing aids,
			 cochlear implants, and other hearing assistive technology, and usually speak as
			 a primary mode of communication. This group of individuals uses the lowercase
			 "d" when using this term.
(3)
			 "Deaf-blind" denotes people with a variety of causes and degrees of combined
			 vision and hearing losses that imposes barriers to communication, education,
			 work, and social interaction. This term does not necessarily mean total lack of
			 hearing and vision. Deaf-blind individuals can use a variety of adaptive
			 technology and may also use visual or tactile sign language.
(4) "Department" means the Department of
			 Human Services.
(5) "Hard of
			 Hearing" describes individuals with partial hearing loss. Individuals may also
			 use the term Hard of Hearing to describe themselves if they have a severe or
			 profound audiological level of hearing loss.
(6) "Late Deafened" describes people who
			 acquired a severe to profound hearing loss as adults, generally well after the
			 development of speech and language. Individuals who are late deafened generally
			 will benefit from the use of visual display technology and cochlear implants
			 and may also benefit from hearing aids and other hearing technology.
(7) "These Rules" mean the rules in OAR
			 chapter 411, division 019.
Stat. Auth.: ORS
				  410.070,
				  410.740
Stats. Implemented: ORS
				  410.740
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 19 - OREGON DEAF AND HARD OF HEARING SERVICES (ODHHS) ADVISORY COMMITTEE › Section 411-019-0020 - Composition of ODHHS Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of the Department of Human
			 Services shall appoint an advisory committee to advise the Director regarding
			 the Oregon Deaf and Hard of Hearing Services Program. The Director shall try to
			 achieve geographic diversity in advisory committee membership, if possible. The
			 Director may elect to consult with the advisory committee regarding proposed
			 committee membership.
(2) The
			 Director shall appoint 12 individuals to the advisory committee:
(a) Four individuals who either are Deaf,
			 deaf, or Deaf-blind.
(b) Four
			 individuals who are Hard of Hearing.
(c) Two individuals who specialize in
			 providing adaptive or communication services for the Deaf, deaf, Deaf-blind, or
			 Hard of Hearing population.
(d) Two
			 individuals who are well qualified by appropriate licensure, certification, or
			 education and experience to practice in psychology, mental health, social
			 services, or rehabilitation counseling services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 19 - OREGON DEAF AND HARD OF HEARING SERVICES (ODHHS) ADVISORY COMMITTEE › Section 411-019-0030 - ODHHS Executive and Ad Hoc Committees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ODHHS advisory committee shall elect
			 an ODHHS executive committee from its membership.
(2) The executive committee shall consist of
			 two co-chairs and one secretary.
(a) The
			 executive committee reserves the right to expand the executive committee
			 membership to include three at-large members to be determined by a vote of the
			 advisory committee.
(b) The primary
			 role of the executive committee is to assist the staff in planning and
			 organizing advisory committee meetings and to make decisions that require
			 critical resolution between regular meetings of the advisory committee, while
			 keeping within the mission and values of the advisory committee.
(c) The executive committee will review
			 applicants to the advisory committee and make appointment recommendations.
			 Appointment recommendations shall be forwarded to the DHS
			 Director.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0000 - Purpose and Scope of Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 RESPONSIBILITY. The Department of Human Services (Department), Aging and People
			 with Disabilities program (APD) has the responsibility to provide Adult
			 Protective Services (APS) to older adults and to adults with physical
			 disabilities whose situation is within APD's jurisdiction to
			 investigate.
(2) INTENT. The intent
			 of the APS Program is to provide prevention, protection, and intervention for
			 older adults and adults with physical disabilities who are unable to protect
			 themselves from abuse and self-neglect.
(3) SCOPE OF SERVICES. The scope of services
			 includes:
(a) Receiving reports of abuse or
			 self-neglect;
(b) Providing and
			 documenting risk assessment of alleged victims;
(c) Conducting and documenting investigations
			 of alleged abuse and self-neglect;
(d) Providing appropriate resources for
			 victim safety; and
(e) Collection
			 of statewide data of Adult Protective Services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0002 - 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 020:
(1) "Abuse" means any of the following:
(a) PHYSICAL ABUSE.
(A) Physical abuse includes:
(i) The use of physical force that may result
			 in bodily injury, physical pain, or impairment; or
(ii) Any physical injury to an adult caused
			 by other than accidental means.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0010 - Authority and Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
The Department is granted with the statutory authority and
				responsibility for the delivery and administration of programs and services
				relating to older adults and adults with physical disabilities, including adult
				protective services. These rules detail the components of the Adult Protective
				Services process. Specific authorizing statutes include:
(1) GENERAL ADULT PROTECTIVE SERVICES.
(a) ORS
			 409.010, authorizing Adult
			 Protective Services for older adults and adults with disabilities.
(b) ORS
			 410.020, authorizing the
			 protection of older adults and adults with disabilities from physical and
			 mental abuse and from fraudulent practices.
(c) ORS
			 410.040, defining Adult
			 Protective Services as a service to be provided by the Department directly or
			 through type B area agencies, in response to the need for protection from harm
			 or neglect to older adults and adults with disabilities.
(d) ORS
			 410.070, authorizing the
			 Department to serve as an advocate for older adults and adults with
			 disabilities by conducting investigations concerning matters affecting the
			 health, safety, and welfare of older adults and adults with disabilities, and
			 to adopt rules for providing Adult Protective Services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0015 - Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult
			 Protective Services as described in OAR
			 411-020-0040 are available for:
(a) Adults aged 65 and older;
(b) Adults aged 18 and older who have a
			 physical disability as defined in these rules; and
(c) Any adult living in n APD licensed care
			 facility.
(d) Older adults and
			 adults with physical disabilities who receive services from regulated providers
			 and are not eligible for abuse investigation by another Department or Authority
			 program.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0020 - Reporting of Abuse and Self-Neglect

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of these rules, mandatory
			 abuse reporters are those "public and private officials" listed in ORS 124.50.
			 Mandatory reporters must immediately report instances of alleged elder abuse to
			 the Department, local office, or a local law enforcement agency.
(a) A mandatory reporter must report if they
			 come into contact with, and have reasonable cause to believe, that an older
			 adult in any setting has suffered abuse or neglect.
(b) Definitions of abuse or neglect for
			 mandatory reporting are defined in ORS
			 124.050 to
			 124.095.
(c) Anyone making a mandatory report of abuse
			 with reasonable grounds and good faith shall have immunity from any civil or
			 criminal liability. The same immunity applies to participating in any judicial
			 proceeding resulting from the report.
(d) Exceptions to mandatory reporting. A
			 psychiatrist, psychologist, attorney, or member of the clergy does not have to
			 report privileged information covered under ORS
			 40.225 to
			 40.295. An attorney is not
			 required to make a report of information communicated to the attorney in the
			 course of representing a client if disclosure of the information would be
			 detrimental to the client.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0025 - Multidisciplinary Team (MDT)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where a
			 county district attorney or delegated designee has developed a
			 multidisciplinary team (MDT), the local office must participate to coordinate
			 and collaborate on allegations of abuse and self-neglect of older adults and
			 adults with physical disabilities. Adult Protective Services, when provided by
			 the local office in conjunction with their participation on their county MDT,
			 shall be provided as described in these rules.
(2) All information that is obtained by the
			 MDT members and shared in the exercise of their duties on the MDT is
			 confidential and may not be further disclosed except as permitted by law,
			 authorization by the adult, or by court order.
(3) Upon request, the local office must
			 annually provide the MDT with the number of substantiated allegations of abuse
			 of adults investigated by APS and the number of APS cases referred to law
			 enforcement according to reporting procedures developed by the MDT.
Statutory/Other Authority: ORS
				  124.050 -
				  124.095,
				  409.010,
				  410.020,
				  410.040,
				  410.070,
				  411.060 &
				  411.116,
				  443.450,
				  443.765,
				  443.767
Statutes/Other Implemented: ORS
				  124.050 -
				  124.095,
				  409.010,
				  410.020,
				  410.040,
				  410.070,
				  411.060 &
				  411.116, Oregon Laws 2009
				  chapter 837, section 8, Oregon Laws 2013 Chapter 352, Section
				  10
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0030 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon and
			 federal statutes provide for the confidentiality of the identity of certain
			 individuals and information obtained as a result of an APS intervention.
			 Confidentiality of information is critical to protect the privacy of
			 individuals, to encourage the reporting of abuse and self-neglect, and to
			 facilitate obtaining information.
(2) All information involving investigations
			 that do not involve allegations against regulated providers is confidential,
			 except for disclosure of the conclusion under OAR
			 411-020-0100(7),
			 and may be disclosed only by judicial process, as required by specific
			 exceptions under state and federal law, or with the consent of the victim. No
			 names may be released without the consent of the individual named except as
			 provided in section (5) of this rule.
(3) If an investigation involves a regulated
			 provider, the following provisions apply:
(a)
			 Information and records regarding the report of alleged abuse and subsequent
			 findings may be made available internally to the appropriate regulating
			 authority upon request or by operational procedures.
(b) Redacted copies of investigations
			 involving regulated providers may also be made available to the provider and
			 alleged perpetrator when the investigation is the basis for regulatory action
			 or when providing the information to the provider is necessary for safety or
			 protective purposes.
(c) Redacted
			 copies of investigations involving APD-licensed facilities may be made
			 available to the general public upon request or by operational
			 procedures.
(d) Any disclosures of
			 APS information and reports involving regulated providers must comply with
			 applicable State and Federal confidentiality and privacy
			 laws.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0040 - Services Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 offices must follow procedural guidelines consistent with Department policies
			 guiding APS response activities. Although the role of APS is civil rather than
			 criminal investigation, cooperative agreements with regulatory and enforcement
			 agencies, such as local law enforcement, district attorneys, and licensing
			 agencies are desirable.
(2) The
			 Department shall establish and maintain agreements and understandings with
			 other key agencies having a role in protecting the interests and rights of
			 individuals who are the subject of these rules, including the Oregon State
			 Police and the Department of Justice.
(3) The Adult Protective Services function
			 consists of a standard series of activities, including screening, triage or
			 consultation, on-site assessment, investigation, intervention, documentation,
			 and APS risk management.
(4)
			 Deviations from these rules may be warranted to protect the safety of any party
			 or as otherwise allowed by policy. The reasons for these deviations must be
			 reviewed with a supervisor or designee and properly documented in the
			 investigative record.
(5) Adults
			 have the right to make informed choices (as defined in
			 411-020-0002) that do not
			 conform to societal norms as long as those decisions are not harmful to others.
			 This includes the right to refuse participation in APS assessments,
			 investigation, or intervention. This does not include the right to prevent an
			 investigation from occurring.
(6)
			 The local office must retain records that document the APS functions for a
			 period of 15 years after last activity.
Statutory/Other Authority: ORS
				  124.055,
				  124.065,
				  124.070,
				  409.010,
				  410.020,
				  410.040,
				  410.070,
				  411.060 &
				  411.116,
				  443.450,
				  443.765,
				  443.767
Statutes/Other Implemented: ORS
				  124.050 -
				  124.095,
				  409.010,
				  410.020,
				  410.040,
				  410.070 &
				  411.060,
				  411.116
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0060 - Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All calls or
			 contacts involving the possibility of abuse or self-neglect must be directed to
			 APS screening.
(2) Screening is the
			 skilled interviewing process used to gather and assess information in order to
			 determine eligibility for Adult Protective Services. This activity includes a
			 determination of whether the reported concern meets the definition of abuse or
			 self-neglect.
(3) All complaints
			 regarding a person receiving services in a Nursing Facility must be referred
			 immediately to the APD Nursing Facility Survey Unit (NFSU) for screening,
			 triage, and Facility investigation. NFSU will refer any concerns regarding
			 external parties (e.g. family members) back to APS for screening and potential
			 investigation under Community APS rules.
(4) If the reported concern meets the
			 definition of abuse or self-neglect, screening activities may include, but are
			 not limited to:
(a) Gathering information
			 about the alleged victim's current level of functioning.
(b) Gathering demographic information and the
			 history of the current problem.
(c)
			 Reviewing any agency records related to the reported concern.
(d) Gathering information from collateral
			 sources.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0070 - APS Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APS
			 consultation is the process by which APS provides specialized information or
			 assistance, enhanced referral, or technical assistance via electronic means,
			 including telephone, fax, or e-mail, to assist in harm reduction.
(2) APS consultation, as an alternative to
			 assessment or investigation, is only appropriate when the reported concern does
			 not meet eligibility criteria for abuse or self-neglect.
(3) The local office must maintain a record
			 of reports resolved by APS consultation.
Statutory/Other Authority: ORS
				  409.010,
				  410.020,
				  410.040,
				  410.070,
				  411.060,
				  411.116,
				  443.450,
				  443.765,
				  443.767
Statutes/Other Implemented: ORS
				  124.050 -
				  124.095,
				  409.010,
				  410.020,
				  410.040,
				  410.070,
				  411.116,
				  443.767
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0080 - Triage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Triage is the
			 APS process of determining the nature and severity of risk to individuals and
			 the immediacy of response required.
(2) The local office shall provide for a
			 prompt and timely initial response to all APS referrals meeting the eligibility
			 criteria established in these rules. The specific times for response are
			 governed by the nature and severity of the reported abuse and the rules and
			 laws related to the category of reported abuse.
(3) General time frames for response as
			 determined by the Department are as follows:
(a) COMMUNITY CASES.
(A) IMMEDIATELY FOR EMERGENCY SITUATIONS:
			 Immediately contact 911 when the evidence presented suggests an emergency
			 situation exists, such as the following:
(i)
			 A human life is in jeopardy.
(ii)
			 The individual is in the process of being harmed due to criminal
			 activity.
(iii) A medical
			 emergency.
(iv) A fire.
(v) There is a clear and present danger of
			 harm to self or others.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0085 - Law Enforcement Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department or local office shall
			 immediately notify law enforcement if any of the following conditions exist:
(a) Reasonable cause to believe a crime has
			 been committed;
(b) Access to the
			 allegedly abused individual is denied and legal assistance is needed in gaining
			 access;
(c) The situation presents
			 a credible danger to the Department worker or others and police escort is
			 advisable;
(d) Forensic
			 photographic or other evidence is needed; or
(e) Those required under OAR
			 411-020-0123 or
			 411-020-0126.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0090 - Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Assessment is
			 the process by which the APS worker determines the alleged victim's degree of
			 risk, level of functioning, adequacy of information, and ability to protect
			 their own interests. Assessment additionally determines the alleged victim's
			 ability to reduce the risk of harm in their environment and to make informed
			 choices and understand the consequences of those choices. These factors are
			 evaluated in relation to the allegation of abuse or self-neglect.
(2) Assessment in APS cases shall be
			 conducted in person with the alleged victim, usually in the alleged victim's
			 home or the facility where the alleged victim lives.
(3) The assessment may include:
(a) Consultation with family, neighbors, law
			 enforcement, mental health, hospice, in-home services, medical practitioners,
			 domestic violence providers, and other relevant individuals, in keeping with
			 Department confidentiality guidelines.
(b) The use of accepted screening tools as
			 well as the worker's professional judgment to determine the alleged victim's
			 safety and functional abilities.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0100 - Community Investigation, Documentation, and Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Community
			 investigations shall be objective, professional, and thorough.
(2) A community abuse investigation shall be
			 conducted and documented when the alleged perpetrator is reported to have
			 abused:
(a) An older adult or adult with a
			 physical disability residing in a non-facility setting.
(b) An adult residing in an APD licensed
			 facility setting when the alleged perpetrator is not employed by, volunteers
			 for, or is contracted personnel with the facility.
(c) An adult with Medicaid services who
			 receives services from a regulated provider.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 20 - ADULT PROTECTIVE SERVICES-GENERAL › Section 411-020-0110 - Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Intervention is
			 the process by which APS assists the victim to reduce or remove the threat of
			 harm that has placed the victim at risk.
(2) Intervention may include, but is not
			 limited to:
(a) Arranging for emergency
			 services, such as law enforcement and emergency medical care as
			 needed.
(b) Providing education and
			 counseling to the individual at risk and other parties, as
			 appropriate.
(c) Facilitating the
			 delivery of additional available support services, including legal, medical,
			 and other services, and helping to arrange for possible alternative living
			 arrangements or alternate decision makers, as needed.
(d) Providing advocacy to assure the rights
			 of the alleged victim are protected.