Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 100 - SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY TRUST FUND › Section 411-100-0005 - Definitions (as used in 411-Division 100)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agreement" means an agreement developed
			 between a private, non-profit self-sufficiency trust and the Division on behalf
			 of the State Self-Sufficiency Trust Fund which outlines the services expected
			 to be required throughout the life of the beneficiary and projects when the
			 supplementary services are likely to be needed. The agreement includes a
			 financial plan indicating the amount of money required to be contributed to the
			 State Self-Sufficiency Trust Fund to pay for the supplementary services, and
			 the responsibility of the private, non-profit self-sufficiency trust.
(2) "Beneficiary" means a person who has a
			 developmental disability, mental illness, or a physical disability or a person
			 otherwise eligible for benefits or services due to a disability; is a resident
			 of the State of Oregon; and is named by the private, non-profit
			 self-sufficiency trust as a recipient for supplemental services.
(3) "Disability Trust Fund" means the trust
			 fund established under ORS
			 410.700 to provide supplemental
			 services to low income and indigent individuals with disabilities. The
			 Disability Trust Fund is funded by no less than 50% of the remaining assets in
			 the State Self-Sufficiency Trust Fund upon the death of the beneficiary, and by
			 bequests and contributions from private donors, corporations or foundations.
			 This fund is separate and distinct from the General Fund in the State
			 Treasury.
(4) "Division" means the
			 Seniors and People with Disabilities Division of the Oregon Department of Human
			 Services.
(5) "Family" means
			 parent, step-parent, sibling, grandparent, aunt, uncle, or niece, nephew, or
			 cousin.
(6) "Indigent" means those
			 individuals unable to provide for their basic necessities of food, shelter and
			 clothing.
(7) "Individuals with
			 Disabilities" mean those individuals who have a physical or mental impairment
			 which substantially limits one or more major life activities.
(8) "Life Care Plan" means a written plan
			 developed by the family of a beneficiary and a private, non-profit
			 self-sufficiency trust which identifies the supplemental services expected to
			 be needed by the beneficiary, including a financial plan describing the amount
			 of principal required to be contributed to the trust to pay for the
			 supplementary services.
(9) "Low
			 Income" means those individuals who meet or are below the Supplemental Security
			 Income (SSI) eligibility standards.
(10) "Developmentally Disabled" means an
			 individual who has a severe, chronic disability which, is attributable to a
			 mental or physical impairment or combination of mental and physical
			 impairments; is manifested before the individual attains age twenty-two; is
			 likely to continue indefinitely; results in substantial functional limitations
			 in three or more of major life activities; and, reflects the individual's need
			 for a combination and sequence of special, interdisciplinary, or generic care,
			 treatment, or other services which are of lifelong or extended duration and are
			 individually planned and coordinated.
(11) "Mentally Ill" means an individual who
			 has been diagnosed by a psychiatrist, a licensed clinical psychologist, or a
			 nonmedical examiner certified by the Mental Health and Developmental Disability
			 Services Division as suffering from chronic schizophrenia, a chronic major
			 affective disorder, a chronic paranoid disorder or another chronic psychotic
			 mental disorder other than those caused by substance abuse.
(12) "Physically Disabled" means an
			 individual who has a permanent and total bodily impairment. A "permanent"
			 disability is one likely to continue without substantial improvement throughout
			 life or for an indeterminate period of time. A total disability is one which
			 prevents performance of substantially all the ordinary duties of occupations in
			 which a disabled individual is capable of engaging, with regard to his/her
			 training, experience and circumstances of the disabled individual.
(13) "Private, Non-Profit Trust" means a
			 Self-Sufficiency Trust (Private, Non-Profit Trust) as defined in these
			 rules.
(14) "Recipient" means an
			 individual with disabilities receiving supplementary services paid by the
			 Disability Trust Fund.
(15)
			 "Self-Sufficiency Trust (Private, Non-Profit Trust)" is a trust established by
			 a 501-C-3 organization under the
United States Internal Revenue Code of
			 1954
, for the purpose of providing for supplementary care, support, or
			 treatment of one or more developmentally disabled, mentally ill, or physically
			 disabled persons or persons otherwise eligible for benefits or services due to
			 a disability, by depositing the proceeds in the Self-Sufficiency Trust
			 Fund.
(16) "Self-Sufficiency Trust
			 Fund (State Trust Fund)" means a separate fund no subject to appropriation and
			 separate from the State General Fund, in which monies are deposited from
			 private, non-profit self-sufficiency trusts pursuant to an agreement in which
			 one or more beneficiaries are named as the recipients of specified supplemental
			 care, support and care. Monies transferred into this fund shall not be from
			 sources which would result in reduction, impairment, or diminishment of
			 benefits to which a beneficiary is otherwise entitled by law.
(17) "Sponsor" means family as defined in
			 these rules.
(18) "State Trust
			 Fund" means a Self-Sufficiency Trust Fund (State Trust Fund) as defined in
			 these rules.
(19) "Supplemental
			 Services" mean care, support, or treatment services which are provided to a
			 beneficiary or recipient by the Division as the result of the agreement or as
			 authorized by the designated local Division office. The supplemental services
			 cannot supplant the services provided by public assistance programs and cannot
			 reduce, impair or diminish the benefits to which the beneficiary or recipient
			 is otherwise entitled by law.
(20)
			 "Unforeseen Hardship" means a situation in which the beneficiary's life may be
			 threatened without supplemental services as provided by the
			 agreement.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  410.730 & ORS
				  410.732
Stats. Implemented: ORS
				  410.730