reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 318 - INDIVIDUAL RIGHTS, COMPLAINTS, NOTIFICATION OF PLANNED ACTION, AND CONTESTED CASE HEARINGS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-318-0030 - Contested Case Hearings for Provider Notices of Involuntary Reductions, Transfers, or Exits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to involuntary
			 reductions, transfers, or exits by a provider, including a licensed or
			 certified provider organization, who has a contract with the Department, CDDP,
			 or Brokerage. This rule does not apply to providers who have a direct
			 employer-employee relationship with an individual or an individual's employer
			 representative.
(2) An individual
			 must be given the opportunity to dispute an involuntary reduction, transfer, or
			 exit by requesting a hearing as provided in ORS chapter 183.
(3) An individual or the individual's
			 representative may request a hearing either orally or in writing when the
			 individual and the individual's representative receives a Notice of Involuntary
			 Reduction, Transfer, or Exit (form 0719R, 0719C, 0719E).
(a) To request a hearing in writing:
(A) The individual or the individual's
			 representative must complete the Administrative Hearing Request included with
			 the Notice of Involuntary Reduction, Transfer, or Exit (form 0719R, 719C,
			 0719E) and submit the form to the Office of Developmental Disabilities Services
			 (ODDS) as described on the form; or
(B) The individual or the individual's
			 representative may meet with a staff person of the CDDP, Brokerage, or
			 Department to complete the Administrative Hearing Request included with the
			 Notice of Involuntary Reduction, Transfer, or Exit (form 0719R, 0719C, 0719E).
			 After meeting with the individual or the individual's representative, the CDDP,
			 Brokerage, or Department must submit the form to ODDS within three business
			 days. A copy of the form must be mailed to the individual and the individual's
			 representative.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in OAR chapter 411, division 320 prescribe general
				administrative standards for the operation of a community developmental
				disabilities program (CDDP).
(1) A
			 CDDP providing developmental disabilities services under a contract with the
			 Department is required to meet the basic management, programmatic, and health,
			 safety, and human rights regulations in the management of the community service
			 system for individuals with intellectual or developmental
			 disabilities.
(2) These rules
			 prescribe the standards by which the Department provides services operated by
			 the CDDP, including but not limited to eligibility determination and adult
			 protective services.
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0020 - 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
				320. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "ABAS" means
			 Adaptive Behavior Assessment System.
(2) "ABES" means Adaptive Behavior Evaluation
			 Scale.
(3) "Adaptive Behavior"
			 means the degree to which an individual meets the standards of personal
			 independence and social responsibility expected for age and culture group.
			 Other terms used to describe adaptive behavior include, but are not limited to,
			 adaptive impairment, ability to function, daily living skills, and adaptive
			 functioning. Adaptive behaviors are everyday living skills including, but not
			 limited to, walking (mobility), talking (communication), getting dressed or
			 toileting (self-care), going to school or work (community use), and making
			 choices (self-direction).
(a) Adaptive
			 behavior is measured by normed, standardized tests administered by a licensed
			 clinical psychologist, school psychologist, doctor of medicine, or doctor of
			 osteopathic medicine with specific training and experience in test
			 interpretation of adaptive behavior scales for individuals with intellectual or
			 developmental disabilities. An assessment of adaptive behavior is used to
			 determine if a person has significant impairment in adaptive behavior as
			 required in eligibility criteria OAR
			 411-320-0080(3) and
			 (4). Additionally, an assessment of adaptive
			 behavior is used to determine if a person is eligible as a person with an other
			 developmental disability by demonstrating the person requires supports similar
			 to a person with an intellectual disability as described in OAR
			 411-320-0080(4).
			 Assessments of adaptive behavior include the following:
(A) Adaptive Behavior Assessment System
			 (ABAS);
(B) Adaptive Behavior
			 Evaluation Scale (ABES);
(C)
			 Vineland Adaptive Behavior Scale (VABS); or
(D) Other assessments approved by the
			 Department that are designed to measure adaptive behavior, standardized and
			 normed to a population consistent with people who experience an intellectual or
			 developmental disability.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0030 - Organization and Program Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORGANIZATION AND INTERNAL MANAGEMENT. A
			 CDDP must have written standards governing the operation and management of the
			 CDDP. The standards must be up to date, available upon request, and include all
			 of the following:
(a) An up-to-date
			 organization chart showing lines of authority and responsibility from the LMHA
			 to the CDDP manager and the components and staff within the CDDP.
(b) Position descriptions for all staff
			 providing community developmental disabilities services.
(c) Personnel policies and procedures
			 concerning:
(A) Recruitment and termination of
			 employees.
(B) Employee
			 compensation and benefits.
(C)
			 Employee performance appraisals, promotions, and merit pay.
(D) Employee development and
			 training.
(E) Employee conduct,
			 including the requirement that abuse of an individual by an employee, staff, or
			 volunteer of the CDDP is prohibited and is not condoned or tolerated.
(F) Reporting of abuse, including the
			 requirement that as a mandatory reporter any employee of the CDDP must report
			 incidents of abuse when the employee comes in contact with and has reasonable
			 cause to believe that an individual has suffered abuse. Notification of
			 mandatory abuse reporting status must be made at least annually to all
			 employees.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0040 - Program Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
A CDDP must ensure the provision of the following services and
				system supports.
(1) ACCESS TO
			 SERVICES.
(a) A person may not be denied
			 developmental disabilities 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
			 residence, or other protected classes under federal and Oregon Civil Rights
			 laws.
(b) A CDDP must ensure that
			 eligibility for developmental disabilities services is determined in accordance
			 with OAR 411-320-0080 by an eligibility
			 specialist trained in accordance with OAR
			 411-320-0030.
(c) An individual determined eligible for
			 developmental disabilities services by a CDDP must also be eligible for any
			 developmental disabilities services subject to the eligibility requirements
			 described in the rules associated with the service.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0045 - Quality Assurance Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each CDDP must draft a local CDDP
			 management plan as described in OAR
			 411-320-0030 that supports the
			 Department's Quality Management Strategy for meeting CMS' six waiver quality
			 assurances, as required and defined by
			 42 CFR
			 441.301 and
			 441.302.
			 CMS' six waiver assurances are:
(a)
			 Administrative authority;
(b) Level
			 of care;
(c) Qualified service
			 providers;
(d) Service
			 plans;
(e) Health and welfare;
			 and
(f) Financial
			 accountability.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0070 - Service Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 CONFIDENTIALITY. The service record for an individual must be kept confidential
			 in accordance with ORS
			 179.505,
			 192.515,
			 192.517,
			 192.553, and any Department
			 rules or policies pertaining to individual service records.
(2) INFORMATION SHARING. Pertinent clinical,
			 financial eligibility, and legal status information concerning an individual
			 supported by the CDDP must be made available to other CDDPs responsible for the
			 services of the individual, consistent with state statutes and federal laws and
			 regulations concerning confidentiality and privacy.
(3) RECORD REQUIREMENTS. In order to meet
			 Department and federal record documentation requirements, the CDDP, through the
			 employees of the CDDP, must maintain a service record for each individual who
			 receives services from the CDDP. Information contained in the service record
			 must include:
(a) Documentation of any
			 initial referral to the CDDP for services;
(b) The application for developmental
			 disabilities services. The application for developmental disabilities services
			 must be completed prior to an eligibility determination and must be on the
			 application form required by the Department or transferred onto CDDP
			 letterhead;
(c) Sufficient
			 documentation to conform to Department eligibility requirements, including
			 notices of eligibility determination;
(d) Documentation of the initial intake
			 interview or home assessment, as well as any subsequent social service
			 summaries;
(e) Documentation of the
			 request for support services and the selection of an available Brokerage within
			 the geographic service area of the CDDP;
(f) For individuals receiving case management
			 services from the CDDP, the service record must contain the records
			 requirements identified in OAR
			 411-415-0110.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0080 - Application and Eligibility Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) APPLICATION.
(a) To apply for developmental disabilities
			 services:
(A) An applicant, or the legal
			 representative of the applicant, must submit a completed application to the
			 CDDP in the county of origin.
(B)
			 The CDDP must receive all documentation required to make an eligibility
			 determination. Documentation includes, but is not limited to:
(i) School psychological or comprehensive
			 evaluations since entry into school;
(ii) Medical assessments related to a
			 disability, mental health condition, or physical impairment;
(iii) Psychological evaluations or
			 comprehensive evaluations through private health insurance or other
			 programs;
(iv) Neurological
			 evaluations completed through any entity;
(v) Records from all residential or
			 psychiatric facilities;
(vi)
			 Records completed through the application process for other governmental
			 benefits; and
(vii) Administrative
			 medical examinations and reports, as defined in OAR
			 410-120-0000, determined
			 necessary and authorized by an eligibility specialist.
(C) The applicant must meet the Oregon
			 residency requirements in OAR
			 461-120-0010 or if the applicant
			 is less than 18 years of age, the applicant and the legal representative of the
			 applicant must meet the Oregon residency requirements in OAR
			 461-120-0010.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0120 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0140 - Abuse Investigations and Protective Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) GENERAL DUTIES.
(a) For the purpose of conducting abuse
			 investigations and providing protective services for adults, a CDDP is the
			 designee of the Department. A CDDP must conduct abuse investigations and
			 provide protective services or arrange for the conduct of abuse investigations
			 and the provision of protective services through cooperation and coordination
			 with other CDDPs and when applicable, brokerages.
(A) Investigations must be done in accordance
			 with OAR 407-045-0250 through
			 407-045-0370.
(B) If determined necessary or appropriate,
			 the Department may conduct an investigation itself rather than allow a CDDP to
			 investigate the alleged abuse or the Department may conduct an investigation in
			 addition to the investigation by a CDDP. Under such circumstances, the CDDP
			 must receive authorization from the Department before conducting any separate
			 investigation.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0150 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050 &
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0170

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.050,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-695
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0175 - Individual Complaints, Notification of Planned Action, and Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) INDIVIDUAL
			 COMPLAINTS.
(a) The CDDP must have and
			 implement written policies and procedures for individual complaints in
			 accordance with OAR 411-318-0015.
(b) Complaints by or on behalf of individuals
			 must be addressed in accordance with OAR
			 411-318-0015.
(c) Upon entry into case management and
			 request and annually thereafter, the policy and procedures for complaints must
			 be explained and provided to an individual and the legal or designated
			 representative of the individual (as applicable).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0180 - Inspections and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A CDDP must allow and participate in all of the following types of
			 investigations and inspections:
(a) Quality
			 assurance, certification, and on-site inspections.
(b) Complaint investigations.
(c) Abuse investigations.
(d) Workers' compensation claim
			 investigations conducted by the Oregon Home Care Commission.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0190 - Program Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department and Oregon Health Authority may review the CDDP implementation of
			 these rules as provided in OAR
			 411-320-0180 at least every two
			 years or more frequently as needed to ensure compliance.
(2) Following a Department review, the
			 Department shall issue a report to the CDDP identifying areas of compliance and
			 areas in need of improvement.
(3)
			 If, following a review, the CDDP is not in substantial compliance with these
			 rules, the CDDP must respond to a plan of improvement within 45 calendar days
			 from the receipt of the plan of improvement or in the time specified by the
			 Department. The Department may conduct additional reviews as necessary to
			 ensure improvement measures have been achieved. The Department may offer, or
			 the CDDP may request, technical assistance or training.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  427.105,
				  427.115 &
				  430.662
Statutes/Other Implemented: ORS
				  427.007,
				  427.104,
				  427.105,
				  427.115,
				  430.215,
				  430.610,
				  430.620,
				  430.662 &
				  430.664
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0200 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A variance that
			 does not adversely impact the welfare, health, safety, or rights of individuals
			 or violate state or federal laws may be granted to the CDDP if there is a lack
			 of resources to meet the standards required in these rules and the alternative
			 services, methods, concepts, or procedures proposed shall result in services or
			 systems that meet or exceed the standards in these rules. All variances must be
			 submitted to the Department and approved by the Department prior to
			 implementation.
(2) The CDDP
			 requesting a variance must submit a written application to the Department that
			 contains the following:
(a) The section of
			 the rule from which the variance is sought;
(b) The reason for the proposed variance;
(c) A description of the
			 alternative practice, service, method, concept, or procedure proposed,
			 including how the health and safety of individuals receiving services shall be
			 protected to the extent required by these rules;
(d) A plan and timetable for compliance with
			 the section of the rule from which the variance is sought; and
(e) Signed documentation from the CDDP
			 reflecting the justification for the proposed variance.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 320 - COMMUNITY DEVELOPMENTAL DISABILITIES PROGRAM › Section 411-320-0210 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 COVID-19.
(a) A CDDP must implement all
			 directives related to staffing and operation of the CDDP to reduce the spread
			 of the Coronavirus (COVID-19) issued through any of the following:
(A) Governor's Executive Order.
(B) Written guidance to the CDDP from the
			 Local Public Health Authority, Tribe, or the Oregon Health Authority Public
			 Health Division.
(C) Department
			 transmittals.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in OAR chapter 411, division 323 prescribe standards, responsibilities,
			 and procedures for agencies to obtain a certificate and endorsement in order to
			 deliver the following person-centered services and supports to individuals with
			 intellectual or developmental disabilities in a community-based setting:
(a) OAR chapter 411, division 304 for
			 professional behavior services.
(b)
			 OAR chapter 411, division 325 for 24-hour residential programs and
			 settings.
(c) OAR chapter 411,
			 division 328 for supported living programs.
(d) OAR chapter 411, division 345 for
			 employment services.
(e) OAR
			 chapter 411, division 348 for host home programs and settings.
(f) OAR chapter 411, division 380 for direct
			 nursing services.
(g) OAR chapter
			 411, division 450 for community living supports.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0020 - 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
				323. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "Advisory
			 Letter" means a written notification from the Department that informs an agency
			 of a violation, or possible violation, and requirements to correct the
			 violation or offer evidence that there is no violation.
(2) "Agency" means a public or private
			 community organization that is formed to deliver developmental disabilities
			 services and is certified and endorsed by the Department under these rules
			 that:
(a) Is in business to provide supports
			 for individuals eligible to receive developmental disabilities
			 services.
(b) Provides supports for
			 individuals through employees, contractors, or volunteers.
(c) Receives compensation to recruit,
			 supervise, and pay the people who provides support for the
			 individuals.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0024 - Application Fees for Certification, Endorsements, and Initial and Renewal Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CERTIFICATION.
			 A non-refundable fee of $500 must be submitted with an application for a
			 certificate.
(2) ENDORSEMENTS. A
			 non-refundable fee of $100 must be submitted with an application for each of
			 the following endorsements:
(a) A supported
			 living program.
(b) An employment
			 program.
(c) A community living
			 supports program.
(d) A standard
			 model agency program.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0029 - Agency Executive Director Orientation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The person identified as the executive
			 director in an initial application, as defined in OAR
			 411-323-0020, must successfully
			 complete the orientation offered by the Department for the initial application
			 to be considered. Documentation of successful completion of the orientation
			 must be included with the initial application as described in OAR
			 411-323-0030(3).
(2) A person newly designated as the
			 executive director of a certified agency must successfully complete the
			 orientation offered by the Department within 90 calendar days of being
			 designated as the executive director. Documentation of successful completion of
			 the orientation must be provided to the Department within 90 calendar days of
			 the executive director's designation. Failure to pass the orientation may
			 result in:
(a) Denial, suspension, or
			 revocation of an agency's certificate.
(b) The attachment of one or more conditions
			 to an agency's certificate.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0030 - Certification and Endorsement Application Process and Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 described in section (2) of this rule, an application for a certificate and at
			 least one endorsement must be approved by the Department, under these rules,
			 before an agency may deliver program services. An agency may only deliver a
			 program service when the agency has a certificate and an endorsement to the
			 program service's corresponding program rules.
(2) A site licensed or certified under OAR
			 chapter 411, division 054 for residential care and assisted living facilities,
			 OAR chapter 309, division 035 for behavioral health services residential
			 treatment facilities and residential treatment homes, OAR chapter 419, division
			 400 for child-caring agencies, or OAR chapter 416, division 550 for treatment
			 foster care does not require additional certification as an agency under these
			 rules to deliver 24-hour residential services. Current license or certification
			 is considered sufficient demonstration of ability to:
(a) Recruit, hire, supervise, and train
			 qualified staff;
(b) Deliver
			 services according to an ISP or Service Agreement; and
(c) Develop and implement operating policies
			 and procedures required for managing an agency and delivering services,
			 including provisions for safeguarding individuals receiving services.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0033 - Administrative Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 administrative sanction may be imposed for non-compliance with these rules, the
			 rules in OAR chapter 411 division 004, or the corresponding program rules. An
			 administrative sanction may be imposed immediately if necessary to protect the
			 health and safety of an individual, otherwise, an administrative sanction shall
			 be imposed when an agency fails to come into compliance in a time frame
			 determined by the Department. An administrative sanction on a certificate or
			 endorsement includes one or more of the following actions:
(a) A condition as described in section (2)
			 of this rule.
(b) Denial or
			 revocation of a certificate or endorsement as described in section (3) of this
			 rule.
(c) Immediate suspension of a
			 certificate or endorsement as described in section (4) of this rule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050
Statutes/Other Implemented: ORS
				  427.007 &
				  430.215
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0040 - Inspections and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Agencies certified under these rules must allow and fully cooperate in all the
			 following types of investigations and inspections:
(a) Quality assurance, onsite inspections,
			 and certificate and endorsement request reviews.
(b) Complaint investigations.
(c) Abuse investigations.
(d) Death reviews.
(e) Financial reviews or audits.
(f) Fraud, waste, or financial
			 investigations.
(g) Service
			 monitoring by a case management entity.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0050 - Agency Management and Personnel Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NON-DISCRIMINATION. An agency's personnel
			 policies and practices must comply with all applicable state and federal
			 statutes, rules, regulations, and Department policy regarding
			 non-discrimination.
(2) ABUSE
			 REPORTING.
(a) An agency must notify each
			 mandatory reporter of abuse reporting requirements at least annually on the
			 applicable Department form.
(b) An
			 agency must provide each mandatory reporter with a Department produced card
			 regarding abuse reporting status and abuse reporting requirements.
(c) An agency must maintain and implement
			 personnel policies and procedures that address suspension, increased
			 supervision, or other appropriate disciplinary action when a staff member,
			 provider, subcontractor, relief provider, or volunteer, has been identified as
			 an accused person in an abuse investigation or a founded report of child abuse
			 or substantiated adult abuse.
(d)
			 NON-RETALIATION. An agency or provider may not retaliate against a person who
			 reports in good faith suspected abuse or retaliate against an individual with
			 respect to a report. An accused person may not self-report solely to claim
			 retaliation.
(A) An agency, provider, or
			 person that retaliates against a person because of a report of suspected abuse
			 is liable under ORS 430.755 in a private action for
			 actual damages and, in addition, is subject to a penalty up to $1,000,
			 notwithstanding any other remedy provided by law.
(B) Any adverse action is evidence of
			 retaliation if taken within 90 calendar days of a report of abuse.
(C) For the purpose of this section, "adverse
			 action" means any action taken by an agency, provider, or person involved in a
			 report against the person making the report or against the individual because
			 of the report and includes, but is not limited to, the following:
(i) Discharge or transfer from the agency,
			 except for clinical reasons.
(ii)
			 Discharge from, suspension, or termination of, employment.
(iii) Demotion or reduction in remuneration
			 for program services.
(iv)
			 Restriction or prohibition of access to the agency or the individuals receiving
			 services delivered by the agency.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0055 - Agency Operating Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An agency must implement a Positive Behavior Support Plan when there is one,
			 including the completion of required documentation.
(2) An agency must implement the requirements
			 of an advisory letter or a serious violation letter.
(3) An agency must cooperate with, and follow
			 instructions from, the Department, case management entity, physician,
			 registered nurse, or other health care provider in carrying out the ISP or
			 Service Agreement for an individual upon receipt of the instructions, the
			 consent of the individual, and when individual rights are not
			 violated.
(4) An agency must
			 maintain documentation to demonstrate compliance with these rules and program
			 rules to which the agency is endorsed. An agency must not falsify any
			 individual or agency record or cause another person to falsify the individual
			 or agency record.
(5) An agency
			 must maintain documentation that services were delivered as described in the
			 signed ISP or Service Agreement.
(6) STAFFING SURVEY.
(a) An agency must submit annual staffing
			 data to a nationally standardized reporting survey organization specified by
			 the Department.
(b) An agency must
			 ensure completion of the direct support worker staffing survey by the agency's
			 employees when required by the Department.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0060 - Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 HEALTH. An agency must have and implement policies and procedures that maintain
			 and protect the health of individuals.
(2) INDIVIDUAL AND FAMILY INVOLVEMENT. An
			 agency must have and implement a written policy that addresses opportunities
			 for all of the following:
(a) Participation of
			 individuals in decisions regarding the agency's operations.
(b) Interaction of families, guardians, legal
			 and designated representatives, and significant others with
			 individuals.
(c) For individuals,
			 families, guardians, legal and designated representatives, and significant
			 others:
(A) Participation on the board of
			 directors or on committees; or
(B)
			 Review of the agency's policies directly affecting the individuals receiving
			 services from the agency.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0063 - Abuse and Incident Handling and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ABUSE REPORTING. If a mandatory reporter
			 has a reasonable cause to believe that abuse of an individual has occurred, the
			 mandatory reporter must report or cause a report to be made immediately by
			 phone or otherwise to the local CDDP, local law enforcement agency, or the
			 Department. The duty to report suspected abuse is personal and is not fulfilled
			 by reporting the abuse to the agency, provider, or any other staff even if the
			 agency, provider, or other staff reports the abuse. A provider must also
			 immediately notify the following:
(a) The
			 local law enforcement agency if there is reason to suspect a crime has
			 occurred.
(b) Child Welfare if the
			 allegation of abuse involves a child.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0065 - Payment to Agency Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Service authorization by a case management entity or the Department for payment
			 in the appropriate electronic payment system must occur prior to the delivery
			 of services.
(2) Payment shall only
			 be made after services are delivered.
(3) An agency is responsible for verification
			 of the type and amount of support delivered by agency staff and may not require
			 an individual or an individual's representative or family member to verify
			 support.
(4) For a service to be
			 eligible for payment, the service must be included on a written agreement that
			 specifies, at a minimum, the type and amount of services to be delivered. The
			 written agreement must be signed by the individual's case manager, the
			 individual or their designated representative, and the executive director of
			 the agency or their designee. The written agreement may be:
(a) The individual ISP; or
(b) A Service Agreement specific to the
			 individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0070 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may grant a variance to these rules or the corresponding program rules based
			 upon a demonstration by an agency that an alternative method or different
			 approach provides equal or greater agency effectiveness and does not adversely
			 impact the welfare, health, safety, or rights of individuals or violate state
			 or federal laws.
(2) The agency
			 requesting a variance must submit a written application to the Department that
			 contains the following:
(a) The section of
			 the rule from which the variance is sought;
(b) The reason for the proposed
			 variance;
(c) The alternative
			 practice, service, method, concept, or procedure proposed; and
(d) If the variance applies to the services
			 for an individual, evidence that the variance is consistent with the currently
			 authorized ISP for the individual.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS › Section 411-323-0075 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to any other liability or penalty, the Department may impose a civil
			 penalty for a violation in accordance with ORS
			 427.900 when, after being
			 notified of the violation, an agency does not come into compliance within the
			 time frame specified by the Department. Violations that may result in a civil
			 penalty are limited to:
(a) Failure to
			 complete a recommended action that resulted from a serious incident, or from an
			 abuse investigation as required in OAR
			 411-323-0063(8).
(b) Failure to implement the requirements of
			 an advisory letter or a serious violation letter as required by OAR
			 411-323-0055(2).
(c) Failure to allow or cooperate with an
			 abuse investigation as required by OAR
			 411-323-0040(1).
(d) Failure to complete the staffing survey
			 as required by OAR 411-323-0055(6)
			 or the report required by OAR
			 411-323-0055(7).
(e) A violation of OAR
			 411-323-0050(10)
			 or OAR 411-450-0080(28).
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in OAR chapter 411, division 325 prescribe standards, responsibilities,
			 and procedures for 24-hour residential programs delivering home and
			 community-based services to individuals with intellectual or developmental
			 disabilities in 24-hour residential settings.
(2) These rules incorporate the provisions
			 for home and community-based services and settings, person-centered service
			 planning, and individually-based limitations, set forth in OAR chapter 411,
			 division 004.
(3) These rules and
			 the rules in OAR chapter 411, division 004 ensure individuals with intellectual
			 or developmental disabilities receive services in settings that are integrated
			 in and support the same degree of access to the greater community as people not
			 receiving home and community-based services.
(4) Effective September 1, 2018, each 24-hour
			 residential setting must be in full compliance with the requirements for home
			 and community-based services and settings set forth in OAR chapter 411,
			 division 004. All setting and individually-based limitation requirements of
			 home and community-based settings and services must be fully
			 implemented.
Statutory/Other Authority:ORS
				  409.050,
				  441.715,
				  443.450 &
				  443.455
Statutes/Other Implemented:ORS
				  441.705-441.720,
				  441.740,
				  441.745,
				  443.384,
				  443.392,
				  443.400-443.445,
				  443.450,
				  443.455,
				  443.880,
				  443.881 &
				  443.991
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-325-0020 - 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
				325. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "24-Hour
			 Residential Program" means the distinct method for the delivery of home and
			 community-based services in a 24-hour residential setting by a provider
			 certified and endorsed according to the rules in OAR chapter 411, division
			 323.
(2) "24-Hour Residential
			 Setting" means a residential home, apartment, or duplex, licensed by the
			 Department under ORS 443.410, where home and
			 community-based services are provided to individuals with intellectual or
			 developmental disabilities. A 24-hour residential setting is considered a
			 provider owned, controlled, or operated residential setting.
(3) "Apartment" means "24-hour residential
			 setting" as defined in this rule.
(4) "Applicant" means a person, agency,
			 corporation, or governmental unit, who applies for a license to deliver home
			 and community-based services in a 24-hour residential setting.
(5) "CDDP" means "Community Developmental
			 Disabilities Program".
(6)
			 "Certificate" means the document issued by the Department to a provider that
			 certifies the provider is eligible under the rules in OAR chapter 411, division
			 323 to receive state funds for the delivery of services through an endorsed
			 24-hour residential setting.
(7)
			 "Denial" means the refusal of the Department to issue a certificate,
			 endorsement, or license to operate a 24-hour residential program or 24-hour
			 residential setting because the Department has determined the provider or the
			 home is not in compliance with these rules or the rules in OAR chapter 411,
			 division 323.
(8) "Duplex" means
			 "24-hour residential setting" as defined in this rule.
(9) "Educational Surrogate" means the person
			 who acts in place of the parent of a child in safeguarding the rights of the
			 child in the public education decision-making process:
(a) When the parent of the child cannot be
			 identified or located after reasonable efforts.
(b) When there is reasonable cause to believe
			 the child has a disability and is a ward of the state.
(c) At the request of the parent of the child
			 or young adult student.