Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 375 - INDEPENDENT PROVIDERS DELIVERING DEVELOPMENTAL DISABILITIES SERVICES › Section 411-375-0010 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				375. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "Active
			 Provider Number" means an identifying number issued by the Department to an
			 independent provider who has completed the qualification and enrollment
			 conditions described in OAR
			 411-375-0020. An active provider
			 number is a provider number not currently in inactivated or terminated
			 status.
(2) "ADL" means "activities
			 of daily living".
(3) "Base Pay
			 Rate" means the hourly wage to be paid to personal support workers, without any
			 differentials, established in the Collective Bargaining Agreement.
(4) "Behaviorally-Driven Services and
			 Supports" means the behavioral treatments an individual requires in addition to
			 routine assessed ADL and IADL supports as identified in a functional needs
			 assessment.
(5) "Burden of Proof"
			 means the existence or nonexistence of a fact is established by a preponderance
			 of the evidence.
(6) "CDDP" means
			 "Community Developmental Disabilities Program".
(7) "CIIS" means "Children's Intensive
			 In-Home Services".
(8) "Collective
			 Bargaining Agreement" means the ratified agreement between the Home Care
			 Commission and the Service Employees International Union, Local 503, Oregon
			 Public Employees Union regarding wages, hours, rules, and working conditions
			 for personal support workers.
(9)
			 "Common Law Employer" means the employer of record (EOR) responsible for the
			 duties described in OAR
			 411-375-0055.
(10) "Community Transportation" means the
			 non-medical transportation provided to an individual. "Community
			 Transportation" is further defined in OAR
			 411-435-0020 and described in
			 OAR 411-435-0050.
(11) "Confidentiality" means the conditions
			 for use and disclosure of specific information governed by other laws and rules
			 including, but not limited to, OAR
			 407-014-0000 to
			 407-014-0070.
(12) "Department Funds" means state public
			 funds or Medicaid funds used to purchase developmental disabilities services
			 and supports for individuals enrolled in developmental disabilities
			 services.
(13) "Electronic Visit
			 Verification" means an interface for eXPRS that records the service recipient,
			 start time, end time, and geolocation for a service delivered by a personal
			 support worker in real time.
(14)
			 "Enhanced Personal Support Worker" means a personal support worker certified by
			 the Home Care Commission to deliver services to individuals who require
			 advanced medically-driven services and supports or behaviorally-driven services
			 and supports, as identified in a functional needs assessment.
(15) "Evidence" means the testimony,
			 writings, material objects, or other things presented to the senses, offered to
			 prove the existence or nonexistence of a fact.
(16) "Exceptional Personal Support Worker"
			 means a personal support worker certified by the Home Care Commission to
			 deliver services to individuals who require extensive medically-driven services
			 and supports or behaviorally-driven services and supports, as identified in a
			 functional needs assessment and whose service needs also require staff to be
			 awake more than 20 hours in a 24-hour period.
(17) "eXPRS" means "Express Payment and
			 Reporting System". eXPRS is the information system used by the Department to
			 track and document service delivery of claims funded by the
			 Department.
(18) "FICA" means
			 "Federal Insurance Contributions Act".
(19) "Fiscal Improprieties" means financial
			 misconduct involving the money, property, or benefits of an individual.
(a) Fiscal improprieties include, but are not
			 limited to, financial exploitation, borrowing money from an individual, taking
			 property or money from an individual, having an individual purchase items for
			 the independent provider, forging the signature of an individual, falsifying
			 payment records, claiming payment for hours not worked, claiming payment for
			 hours not prior authorized, claiming payment for hours that exceed limitations,
			 or similar acts intentionally committed for financial gain.
(b) Fiscal improprieties do not include the
			 exchange of money, gifts, or property between a personal support worker and an
			 individual with whom the personal support worker is related unless an
			 allegation of financial exploitation, as defined in OAR
			 411-020-0002 or OAR
			 407-045-0260, has been
			 substantiated based on an adult protective services investigation.