reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 425 - FUNCTIONAL NEEDS ASSESSMENTS FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-425-0035 - Qualifications and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 assessor and supervisor must have knowledge of the public service system for
			 developmental disabilities services in Oregon and at least:
(a) A bachelor's degree in behavioral
			 science, social science, or a closely related field;
(b) A bachelor's degree in any field and one
			 year of human services related experience, such as work providing assistance to
			 people and groups with issues, such as economical disadvantages, employment,
			 abuse and neglect, substance abuse, aging, disabilities, prevention, health,
			 cultural competencies, or housing;
(c) An associate's degree in a behavioral
			 science, social science, or a closely related field and two years of human
			 services related experience, such as work providing assistance to people and
			 groups with issues, such as economical disadvantages, employment, abuse and
			 neglect, substance abuse, aging, disabilities, prevention, health, cultural
			 competencies, or housing; or
(d)
			 Three years of human services related experience, such as work providing
			 assistance to people and groups with issues, such as economical disadvantages,
			 employment, abuse and neglect, substance abuse, aging, disabilities,
			 prevention, health, cultural competencies, or housing.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 425 - FUNCTIONAL NEEDS ASSESSMENTS FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-425-0045 - Quality Assurance

Current through Register Vol. 63, No. 7, July 1, 2024
A CME must submit all requested documentation to the Department
				and allow the Department or the Oregon Health Authority to observe assessors
				while conducting ONAs for quality assurance.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  427.105,
				  427.115 &
				  430.662
Statutes/Other Implemented: ORS
				  427.104,
				  427.105,
				  427.115 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 425 - FUNCTIONAL NEEDS ASSESSMENTS FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-425-0055 - Oregon Needs Assessment (ONA)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ONA:
(a) Determines if an individual who is
			 eligible for services under OAR
			 411-320-0080 meets the ICF/IID
			 Level of Care.
(A) An individual meets
			 ICF/IID Level of Care when the individual demonstrates significant impairment
			 in at least one area of major life activity as identified in OAR
			 411-317-0000 by requiring some
			 level of assessed support in response to at least 50 percent of the questions
			 associated with one or more areas of major life activity.
(B) A completed ONA shall provide a Level of
			 Care summary that includes:
(i) The areas of
			 major life activity an individual demonstrates significant impairment by
			 requiring some level of assessed support in response to at least 50 percent of
			 the associated questions and the specific questions that lead to the result;
			 and
(ii) The areas of major life
			 activity an individual does not demonstrate significant impairment because at
			 least 50 percent of the associated questions in that area did not require some
			 level of support and the specific questions that lead to the result. An
			 individual who does not require some level of support is independent, meaning
			 that the individual needs support with the activity fewer than 50 percent of
			 the times the activity was performed in the previous 30 calendar days prior to
			 the initiation of the first component of the ONA as described in subsection (c)
			 of this section.
(C)
			 When an individual does not meet ICF/IID Level of Care, the individual must
			 receive a Notification of Planned Action in accordance with OAR
			 411-318-0020.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 411, division 435 ensure:
(a)
			 Individuals receiving ancillary services are able to maximize independence,
			 empowerment, dignity, and human potential through the delivery of flexible,
			 efficient, and suitable ancillary services.
(b) Equal access to individuals who are
			 eligible for the ancillary services provided through these rules.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0040 - Conditions of Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Ancillary services must meet all of the following requirements:
(a) Be of direct benefit to an
			 individual.
(b) Authorized in an
			 individual's ISP or Annual Plan consistent with OAR
			 411-415-0070 and tied to an
			 identified need.
(c)
			 Cost-effective. Items must be in new or certified refurbished in like-new
			 condition.
(d) Purchased in
			 accordance with the Expenditure Guidelines.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0050 - Developmental Disabilities - Community First Choice Ancillary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ancillary services are available through the Community First Choice state plan:
(a) Assistive devices as described in section
			 (3) of this rule.
(b) Assistive
			 technology as described in section (4) of this rule.
(c) Chore services as described in section
			 (5) of this rule.
(d) Community
			 nursing services as described in section (6) of this rule.
(e) Community transportation as described in
			 section (7) of this rule.
(f)
			 Environmental modifications as described in section (8) of this rule.
(g) Professional behavior services as
			 described in OAR chapter 411, division 304.
(h) Transition costs as described in section
			 (9) of this rule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0060 - Developmental Disabilities - Waiver Ancillary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ancillary services are available through a 1915(c) waiver:
(a) Environmental safety modifications as
			 described in section (3) of this rule.
(b) Family training as described in section
			 (4) of this rule.
(c) Specialized
			 medical supplies as described in section (5) of this rule.
(d) Vehicle modifications as described in
			 section (6) of this rule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0060 - Developmental Disabilities - Waiver Ancillary Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 ancillary services are available through the Children's and Adults' 1915(c)
			 Waivers, Medically Involved Children's Waiver, Medically Fragile (Hospital)
			 Model Waiver, and Behavioral (ICF/IDD) Model Waiver:
(a) Environmental safety modifications as
			 described in section (3) of this rule.
(b) Family training as described in section
			 (4) of this rule.
(c) Specialized
			 medical supplies as described in section (5) of this rule.
(d) Vehicle modifications as described in
			 section (6) of this rule.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0070 - Developmental Disabilities - Other Waiver Ancillary Services for Children in CIIS

Current through Register Vol. 63, No. 7, July 1, 2024
INDIVIDUAL-DIRECTED GOODS AND SERVICES. Individual-directed
				goods and services are available through the Medically Involved Children's
				Waiver, Medically Fragile (Hospital) Model Waiver, and Behavioral (ICF/IID)
				Model Waiver.
(1) Only a child who
			 meets the general eligibility criteria in OAR
			 411-435-0030 and enrolled in
			 CIIS may access individual-directed goods and services.
(2) Individual-directed goods and services
			 provide equipment and supplies not otherwise available through another source,
			 such as waiver services or state plan services.
(3) Authorization of individual directed
			 goods and services must be based on an assessed need.
(4) Individual-directed goods and services
			 must directly address the disability related need of a child identified in
			 their ISP.
(5) Individual-directed
			 goods and services must:
(a) Decrease the need
			 for other Medicaid services;
(b)
			 Promote inclusion of a child in the community; or
(c) Increase the safety of a child in the
			 family home.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES › Section 411-435-0080 - Ancillary Service Provider Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Providers of community nursing services.
(a) Independent providers are not personal
			 support workers and must meet the minimum qualifications of an independent
			 provider described in OAR chapter 411 division 375 and:
(A) Have a current Oregon nursing
			 license;
(B) Be enrolled in the
			 Long Term Care Community Nursing Program as described in OAR chapter 411,
			 division 048; and
(C) Submit a
			 resume to the case management entity indicating the education, skills, and
			 abilities necessary to provide nursing services in accordance with state
			 law.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 411, division 450 establish standards, responsibilities, and
			 procedures for the Children's Extraordinary Needs (CEN) Program to ensure
			 eligible children enrolled in the program receive high-quality care from a
			 parent provider that complies with applicable state and federal law.
(2) The CEN Program is for children from
			 birth through age 17, assessed to have very high medical needs or very high
			 behavioral needs requiring extraordinary care.
(3) Through the CEN Program, provider
			 agencies employ parent providers to deliver no more than 20 hours of attendant
			 care to their child each week.
(4)
			 The intent of the CEN Program is to not displace non-parent providers. Provider
			 agencies shall continue to recruit, train, and retain non-parent
			 providers.
(5) The CEN Program is
			 subject to the approval of the Children's Extraordinary Needs 1915(c) waiver
			 application by the Centers for Medicare and Medicaid Services.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  427.191 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  427.007,
				  427.101,
				  427.104,
				  427.191,
				  430.215,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0020 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the following definitions and acronyms, OAR
				411-317-0000 includes general
				definitions for words and terms frequently used in OAR chapter 411, division
				440. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "Abbreviated
			 School Day Program" means an education program in which a school district
			 restricts access for a student with a disability to hours of instruction or
			 educational services to less than the number of hours of instruction or
			 educational services provided to the majority of other students, in the same
			 grade, within the student's resident school district, for more than 10 school
			 days per school year.
(2)
			 "Attendant Care" is defined in OAR
			 411-317-0000 and described in
			 OAR 411-450-0060.
(3) "Children's Extraordinary Needs (CEN)
			 Program" means the program where a parent of a child is paid by a provider
			 agency to deliver attendant care to their child.
(4) "Child" is an individual under the age of
			 18.
(5) "Client Child" means a
			 child receiving paid supports from a parent provider.
(6) "Completed Application" means the
			 application created by the Department is filled out accurately and contains all
			 of the information needed to add a child to the waitlist for the CEN
			 Program.
(7) "Direct Support
			 Professional" means a person hired, employed, trained, paid, and supervised by
			 a provider agency to provide attendant care services to a client of the
			 agency.
(8) "Good Cause" means an
			 excusable mistake, surprise, excusable neglect (which may include neglect due
			 to a significant cognitive or health issue) due to:
(a) Circumstances beyond the control of a
			 person;
(b) Reasonable reliance on
			 the statement of Department staff, a case management entity, or a provider
			 agency relating to procedural requirements; or
(c) Fraud, misrepresentation, or other
			 misconduct of the Department or party adverse to the person.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0030 - General Eligibility and Exits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child may not
			 be denied services or otherwise discriminated against on the basis of race,
			 color, religion, sex, gender identity, sexual orientation, national origin,
			 marital status, age, disability, source of income, duration of Oregon
			 residence, or other protected classes under federal and Oregon Civil Rights
			 laws.
(2) Initial and ongoing
			 determinations of eligibility for the CEN Program are the sole responsibility
			 of the Department.
(3) To be
			 eligible for the CEN Program, a child must meet the following requirements:
(a) Be an Oregon resident who meets the
			 residency requirements in OAR
			 461-120-0010.
(b) Be determined eligible for developmental
			 disabilities services by the Community Developmental Disabilities Program of
			 the county of origin as described in OAR
			 411-320-0080; or be enrolled in,
			 or on, the waitlist for the Medically Involved Children's Waiver or the
			 Medically Fragile Model Waiver Program as described in OAR chapter 411,
			 division 300.
(c) Be receiving a
			 Medicaid Title XIX benefit package through OSIPM (Oregon Supplemental Income
			 Program-Medical) or Health Systems Division medical programs.
(d) Be determined to meet a level of care as
			 defined in OAR 411-317-0000.
(e) Be assigned to the highest service group
			 due to their very high medical needs or very high behavioral needs according to
			 a current, valid Oregon Needs Assessment.
(f) Not be enrolled in a residential
			 program.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0040 - Qualifications for Parent Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A parent
			 provider must be employed by a provider agency certified in accordance with OAR
			 chapter 411, division 323 with an endorsement to operate as either a community
			 living supports agency or a standard model agency as defined in OAR chapter
			 411, division 450. A person cannot be employed by a provider agency as a parent
			 provider if the parent or a member of the parent's family has an administrative
			 role, leadership role, or ownership interest in the provider agency.
(2) A parent provider must meet all of the
			 qualifications established for provider agency staff in OAR
			 411-323-0050(8)
			 and any additional qualifications established by the provider agency.
(3) A parent provider must be the parent of
			 the client child.
(4) A parent must
			 be hired by a provider agency to be a parent provider within 90 calendar days
			 of an offer to enroll in the CEN Program.
(5) A parent provider must deliver attendant
			 care at least once every 90 calendar days.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  427.191 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  427.007,
				  427.101,
				  427.104,
				  427.191,
				  430.215,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0050 - Service Requirements, Limitations, and Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall only reimburse a provider agency for the delivery of attendant care
			 described in OAR 411-450-0060(2)
			 by a parent provider.
(2) A
			 provider agency may not be paid using Department funds for the delivery of
			 attendant care by a parent provider in any of the following circumstances:
(a) During a client child's assigned public
			 school's regular instructional hours, except:
(A) When the client child is temporarily
			 absent from school due to surgery or illness; or
(B) When a school district places the client
			 child on an abbreviated school day program.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0060 - Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A parent
			 provider must complete Department-approved training prior to delivering
			 services to their child under these rules. The training must include:
(a) An overview of federal and state
			 administrative rules regulating home and community-based services;
			 and
(b) The impact of providing
			 Department-funded services on parent-child relationships with respect to
			 discipline, supervision, physical intervention, and self-determination of a
			 client child.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0070 - Initial Enrollments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall identify all children who have very high behavioral needs, very high
			 medical needs, or on the waitlist for the Medically Fragile Model Waiver or the
			 Medically Involved Children's Waiver as of May 2, 2024. Only these children
			 shall be considered for initial enrollment to the CEN Program.
(2) The Department shall assign a unique five
			 digit number to each child. The Department shall use a random generator to
			 shuffle the five digit numbers to determine the top 155 children offered
			 enrollment into the CEN Program and the order of the waitlist described in OAR
			 411-440-0080 by their randomly
			 assigned number.
(3) The parent of
			 a child selected for initial enrollment must affirm to the child's case
			 management entity their decision to participate in the CEN Program no later
			 than July 19, 2024.
(4) If a parent
			 declines to participate in the CEN Program by July 19, 2024:
(a) The child does not retain the number
			 assigned to them according to section (2) of this rule.
(b) The Department shall offer the parent a
			 choice for their child to be moved to the end of the waitlist or removed from
			 the waitlist. If the parent of the child does not indicate a choice, the child
			 is removed from the Department's waitlist as described in OAR
			 411-440-0080.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0080 - Ongoing Enrollments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall maintain a waitlist for the CEN Program if the maximum number of children
			 allowed on the approved CEN Waiver are enrolled in the CEN Program. Children on
			 the waitlist may access other Medicaid or General Fund services for which the
			 child is eligible.
(2) After the
			 initial waitlist is established as described in OAR
			 411-440-0070, additional
			 applicants for the CEN Program shall be moved to the end of the waitlist based
			 on the completed application date for the CEN Program. In the event more than
			 one application is completed on the same date, the Department shall randomly
			 determine their order on the waitlist. The Department will not accept an
			 application for a child to be added to the waitlist before July 1,
			 2024.
(3) A child may be removed
			 from the waitlist if:
(a) The child is
			 enrolled in the CEN Program.
(b)
			 The child moves out of Oregon.
(c)
			 The parent of the child requests their removal in writing to the Department or
			 the child's case management entity.
(d) The child is determined ineligible for
			 services provided by the Department.
(e) The child is deceased.
(f) The child turns 18 years old.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 440 - CHILDREN'S EXTRAORDINARY NEEDS PROGRAM › Section 411-440-0090 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Complaints
			 related to the administration of the CEN Program must be made directly to the
			 Department and may be made orally, in writing, or by using the Department's
			 Complaint Form (0946).
(2) A
			 complaint shall be addressed by the Department according to OAR
			 411-318-0015.
Statutory/Other Authority: ORS
				  409.050,
				  427.104,
				  427.191 &
				  430.662
Statutes/Other Implemented: ORS
				  409.010,
				  427.007,
				  427.101,
				  427.104,
				  427.191,
				  430.215,
				  430.610 &
				  430.662
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 411, division 450 prescribe standards, responsibilities, and
			 procedures for the delivery of community living supports. Supports are intended
			 to permit individuals to live independently in a community-based setting.
(2) Community living supports are
			 designed to prevent out-of-home placement of a child, or to return a child to
			 the family home from a residential setting other than the family home.
(3) These rules prescribe service
			 eligibility requirements for individuals receiving community living supports,
			 and standards and procedures for agency providers operating a community living
			 supports program.
(4) The rules in
			 OAR chapter 411, division 450 effectuate Oregon's Employment First policy under
			 which the employment of individuals with developmental disabilities in
			 competitive integrated employment is the highest priority over unemployment,
			 segregated employment, or other non-work day activities. The delivery of
			 services provided under these rules presumes all individuals eligible for
			 services are capable of working in an integrated employment setting and earning
			 minimum wage or better.
Stat. Auth.: ORS
				  409.050,
				  430.662
Stats. Implemented: ORS
				  427.005,
				  427.007,
				  430.610,
				  430.620,
				  430.662-430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0040 - Community Living Supports Entry and Exit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual may not access community
			 living supports unless community living supports are included in the
			 individual's current, authorized Individual Support Plan (ISP).
(2) A provider of community living supports
			 must agree in writing to deliver the supports identified in an individual's
			 ISP. Agreement may be shown by the provider's signature on a Service Agreement.
			 The agreement must include acknowledgement of limits and scope of service that
			 may be provided.
(3) Community
			 living supports must be terminated:
(a) At the
			 end of a service period agreed upon by all parties and specified in an
			 individual's ISP.
(b) At the oral
			 or written request of an individual or their legal representative to end the
			 service relationship.
(c) When an
			 individual has been determined to no longer meet eligibility for community
			 living supports as described in OAR
			 411-450-0030.
(d) When a case management entity has
			 sufficient evidence to believe that an individual has engaged in fraud or
			 misrepresentation, failed to use resources consistent with the services as
			 agreed upon in the individual's ISP, refused to cooperate with documenting use
			 of Department funds, or otherwise knowingly misused public funds associated
			 with community living supports.
(e)
			 When an individual either cannot be located or has not responded following 30
			 calendar days of repeated attempts by staff of the case management entity to
			 complete ISP development or monitoring activities, including participation in
			 an Oregon Needs Assessment. An individual, and as applicable the legal or
			 designated representative of the individual, must participate in an Oregon
			 Needs Assessment and provide information necessary to complete the Oregon Needs
			 Assessment within the time frame required by the Department.
(A) Failure to participate in the Oregon
			 Needs Assessment or provide information necessary to complete the assessment or
			 reassessment within the applicable time frame results in the denial of service
			 eligibility.
(B) The Department may
			 allow additional time if circumstances beyond the control of the individual
			 prevent timely participation in the Oregon Needs Assessment or timely
			 submission of information necessary to complete the Oregon Needs
			 Assessment.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0050 - Minimum Standards for Community Living Supports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Abuse of an individual is prohibited.
			 Abuse is not tolerated by any employee, staff, or volunteer of an individual,
			 provider agency, or case management entity.
(2) Community living supports, purchased with
			 Department funds, must be provided only as a social benefit.
(3) Community living supports must be
			 delivered in a manner consistent with positive behavioral theory and practice,
			 and where behavior intervention is not undertaken unless a behavior:
(a) Represents a risk to the health and
			 safety of an individual or others;
(b) Is likely to continue and become more
			 serious over time;
(c) Interferes
			 with community participation;
(d)
			 Results in damage to property; or
(e) Interferes with learning, socializing, or
			 vocation.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0060 - Community Living Supports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department
			 funds may be used to purchase the following community living supports when
			 included in an authorized ISP:
(a) Community
			 living supports available through the Community First Choice state plan:
(A) Attendant care as described in section
			 (2) of this rule.
(B) Skills
			 training as described in section (3) of this rule.
(C) Relief care 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 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0060 - Community Living Supports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department
			 funds may be used to purchase the following community living supports available
			 through the Community First Choice state plan when included in an authorized
			 Individual Support Plan (ISP):
(a) Attendant
			 care as described in section (2) of this rule.
(b) Skills training as described in section
			 (3) of this rule.
(c) Relief care
			 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 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0065 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An hour
			 allocation or staffing ratio that requires approval under this rule may not be
			 included in an authorized Individual Support Plan (ISP) prior to the date of
			 the approval.
(2) HOUR ALLOCATION
			 EXCEPTIONS. The Department or the Department's designee shall review and
			 approve a request for an hour allocation greater than the service level to the
			 extent the individual is unable to have their support needs met within the
			 service level because the individual has one of the following circumstances
			 described in (a), (b), (c), or (d) below:
(a)
			 Intermittent needs that cannot be scheduled that must be met throughout the day
			 to keep the individual healthy and safe. The need must be related to a
			 physical, behavioral, or medical condition that may reasonably be expected to
			 cause physical harm to the individual or other person if left unmet. The need
			 must arise multiple times in a typical week, or must be a need that is known to
			 occur less frequently but if unmet would likely result in hospitalization or
			 death.
(A) The reviewing entity may approve a
			 request for an exceptional hourly allocation when the individual requires
			 support in at least one of the following:
(i)
			 Toileting.
(ii)
			 Transfers.
(iii)
			 Mobility.
(iv) Managing a recurring
			 behavior described in section (3)(a)(A) of this rule.
(v) Uncontrolled seizures.
(vi) Diabetes management that includes
			 administration of sliding scale insulin.
(vii) Airway, tracheal, or nasopharyngeal
			 suctioning.
(viii) Use of a
			 CPAP/BiPAP or mechanical ventilator.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0070 - Community Living Supports Providers and Provider Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Delivery of community living supports is limited to the
				following provider types:
(1) A PSW
			 who meets the standards described in OAR chapter 411, division 375.
(a) A PSW is not an available provider type
			 when there is not a common law employer as described in OAR
			 411-375-0055.
(b) A PSW may not provide community living
			 supports to an individual when the PSW and individual reside together unless:
(A) The PSW is a family member;
(B) The PSW does not own or control the
			 property; or
(C) The individual and
			 the PSW have equal homeowner or rental property rights.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0080 - Minimum Standards for Provider Agencies Delivering Community Living Supports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CERTIFICATION,
			 ENDORSEMENT, AND ENROLLMENT. To be endorsed to operate a community living
			 support program, a provider agency must have all of the following:
(a) A certificate and an endorsement, in
			 accordance with OAR chapter 411, division 323, to deliver community living
			 supports as a community living supports agency or a standard model
			 agency.
(b) A Medicaid Agency
			 Identification Number assigned by the Department as described in OAR chapter
			 411, division 370.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0090 - Standard Model Agency Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a provider agency to be endorsed to
			 deliver community living supports as a standard model agency, the provider
			 agency must meet the additional requirements in this rule. The requirements of
			 this rule do not apply to a provider agency endorsed as a community living
			 supports agency.
(2) A standard
			 model agency must develop and implement policies and procedures that minimize:
(a) The loss of supports to an individual
			 when an agency employee is unavailable to deliver a scheduled support;
			 and
(b) The loss of agency employee
			 income when an individual cancels a scheduled support.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 450 - COMMUNITY LIVING SUPPORTS › Section 411-450-0100 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may grant a variance to these 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;
(d) A plan and timetable for
			 compliance with the section of the rule from which the variance is sought; and
(e) If the variance applies to an
			 individual's service, evidence that the variance is consistent with the
			 individual's current ISP.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 OAR chapter 411, division 455 prescribe standards, responsibilities, and
			 procedures for the delivery of State Plan personal care (SPPC) services to
			 individuals who are eligible for services through Community Developmental
			 Disabilities Programs, Brokerages, or Children's Intensive In-Home
			 Services.
(2) SPPC services are
			 intended to supplement an individual's personal abilities and available
			 alternative resources, including the individual's natural support system, for
			 the individual to live independently at home and in the community.
Statutory/Other Authority: ORS
				  409.050,
				  427.104 &
				  430.662
Statutes/Other Implemented: ORS
				  427.007,
				  430.610,
				  430.620 &
				  430.662-430.670
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0010 - 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
				455. If a word or term is defined differently in OAR
				411-317-0000, the definition in
				this rule applies.
(1) "ADL" means
			 "activities of daily living".
(2)
			 "Assistance" means the help an individual requires to complete the ADL and IADL
			 tasks described in OAR
			 411-455-0050.
(a) The assistance types may include
			 hands-on, cueing, or redirection.
(A)
			 "Hands-on" means a provider physically performs all or parts of an activity
			 because an individual is unable to do so.
(B) "Cueing" means giving verbal, audio, or
			 visual clues during an activity to help an individual complete the activity
			 without hands-on assistance.
(C)
			 "Redirection" means to divert an individual to another more appropriate
			 activity.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0020 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 may not be denied SPPC services or otherwise discriminated against on the basis
			 of race, color, religion, sex, gender identity, sexual orientation, national
			 origin, marital status, age, disability, source of income, duration of Oregon
			 residence, or other protected classes under federal and Oregon Civil Rights
			 laws.
(2) To be eligible for SPPC
			 services under these rules, an individual must meet the following requirements:
(a) Be receiving case management services
			 through a Community Developmental Disabilities Program, a Brokerage, or
			 Children's Intensive In-Home Services.
(b) Be an Oregon resident who meets the
			 residency requirements in OAR
			 461-120-0010.
(c) Be a current recipient of:
(A) A Medicaid Title XIX benefit package
			 through OSIPM or HSD medical programs; or
(B) A benefit package through the Healthier
			 Oregon medical program.
(d) Require assistance from a qualified
			 provider with one or more ADL and IADL tasks described in OAR
			 411-455-0050 that are not met by
			 alternative resources or the individual's natural support system.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0030 - Needs Assessment, Service Authorization, and Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A case manager
			 must provide case management services as defined in OAR
			 411-317-0000 consistent with the
			 standards described in OAR
			 411-415-0050. Documentation for
			 SPPC services must be in accordance with OAR
			 411-415-0110.
(2) NEEDS ASSESSMENT. A case manager must
			 meet in-person with an individual initially and at least every 12 months to
			 determine the individual's eligibility for SPPC services or other developmental
			 disabilities services, assess the individual's level of assistance for SPPC,
			 and identify resources meeting any of the individual's personal care needs,
			 including assistive devices or assistive technology.
(a) The assessment to determine the
			 individual's needs for SPPC services must be conducted by a case manager using
			 the SPPC Needs Assessment prior to the individual receiving SPPC
			 services.
(b) The individual, or
			 their designated representative as applicable, may invite others to participate
			 in the assessment.
(c) When
			 authorizing SPPC services along with other developmental disabilities services
			 as described in OAR 411-415-0070(9),
			 except for family support services, a functional needs assessment is required
			 and must be conducted in accordance with OAR
			 411-415-0060.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0040 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual,
			 or their legal or designated representative as applicable, may request an
			 exception either orally or in writing if they believe the maximum monthly hour
			 limitation is not meeting, or will not meet, the individual's support
			 needs.
(2) The case manager must
			 assist the individual, or their legal or designated representative as
			 applicable, with the exception request including completing the Funding Review
			 and Exceptions Request (form 0514DD) and gathering required supporting
			 documents. The Funding Review and Exceptions Request must:
(a) Include an explanation of any change in
			 the individual's level of assistance, available resources, and relevant
			 documentation to support the reasons for why the maximum monthly hour
			 limitation is not meeting, or will not meet, the individual's support
			 needs.
(b) Provide a clear
			 description of how the individual's support needs are being met throughout a
			 day, including available alternative resources and natural supports as defined
			 in OAR 411-317-0000.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0050 - Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) SPPC services
			 must be delivered by a qualified provider who meets the standards described in
			 OAR 411-455-0060 and in accordance
			 with an individual's ISP or Annual Plan and included in the Service Agreement
			 (form 4606).
(2) SPPC services
			 include assistance with the following ADL, IADL, and delegated nursing tasks:
(a) ADL tasks:
(A) Bathing - assisting an individual cleanse
			 the body (in bathtub, bed bath, shower), wash hair, shave, care for nails, and
			 use assistive devices when necessary to get in and out of the bathtub or
			 shower.
(B) Dressing - assisting an
			 individual put on, fasten, and take off all clothing items, braces, and
			 artificial limbs. Dressing includes getting and replacing items from an
			 individual's storage area in the immediate environment.
(C) Toileting and maintaining continence -
			 assisting an individual to and from the bathroom, on and off toilet, commode,
			 bedpan, urinal, or other assistive device used for urinary and bowel
			 elimination. Toileting includes cleansing after elimination and adjusting
			 clothing as necessary. Maintaining continence includes cleansing urinary
			 catheter, emptying catheter drainage bag, maintaining bowel care, and changing
			 and replacing incontinence products, including ostomy care or ileostomy
			 bags.
(D) Mobility, transfers, and
			 repositioning - assisting an individual with ambulation, transfers, and
			 repositioning with or without assistive devices. Mobility, transfers, and
			 repositioning includes turning or adjusting padding for physical comfort or
			 pressure relief and encouraging or assisting with range-of-motion
			 exercises.
(E) Eating - assisting
			 an individual with feeding or fluid intake by any means from a device into the
			 body. Eating includes monitoring to prevent choking or aspiration.
Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 455 - STATE PLAN PERSONAL CARE SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-455-0060 - Standards for Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) SPPC
			 services must be provided by one of the following provider types:
(a) A personal support worker who meets the
			 standards described in OAR
			 411-375-0020.
(b) An in-home care agency with a current
			 license by the Public Health Division in accordance with OAR chapter 333,
			 division 536.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 1 - MODEL RULES FOR RULEMAKING › Section 413-001-0000 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
See the current version of OAR 407-001-0000  and 407-001-0005 which apply to notices of rulemaking for rules in chapter
				413.
Stat. Auth.: ORS
				  183.341,
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  183.330,
				  183.335,
				  183.341 &
				  409.050
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 2 - MINIMUM QUALIFICATIONS › Section 413-002-0000 - Minimum Qualifications For Persons Conducting Investigation or Making Determination Regarding a Child

Current through Register Vol. 63, No. 7, July 1, 2024
A person who conducts an investigation under ORS
				419B.020,
				makes a determination that a child must be taken into protective custody under
				ORS
				419B.150 or makes a determination that a child should not be released to the child's
				parent or other responsible person under ORS
				419B.165(2)
				must possess either:
(1) AReverted to
			 SOSCF 15-1998, f. & cert. ef. 7-27-98 bachelor's degree in human services
			 or a field related to human services; or
(2) A bachelor's degree unrelated to human
			 services and either:
(a) One year of human
			 services related experience; or
(b)
			 Completion of coursework equivalent to certification consistent with Oregon
			 Caseworker Competency; or