Oregon Administrative Code

411-020-0002 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 020: (1) "Abuse" means any of the following: (a) PHYSICAL ABUSE. (A) Physical abuse includes: (i) The use of physical force that may result i…

411-020-0010 Authority and Responsibility The Department is granted with the statutory authority and responsibility for the delivery and administration of programs and services relating to older adults and adults with physical disabilities, including adult protective services. Th…

411-020-0015 Eligibility Criteria (1) Adult Protective Services as described in OAR 411-020-0040 are available for: (a) Adults aged 65 and older; (b) Adults aged 18 and older who have a physical disability as defined in these rules; and (c) Any adult living in n APD licensed care…

411-020-0020 Reporting of Abuse and Self-Neglect (1) For the purpose of these rules, mandatory abuse reporters are those "public and private officials" listed in ORS 124.50. Mandatory reporters must immediately report instances of alleged elder abuse to the Department, local offi…

411-020-0025 Multidisciplinary Team (MDT) (1) Where a county district attorney or delegated designee has developed a multidisciplinary team (MDT), the local office must participate to coordinate and collaborate on allegations of abuse and self-neglect of older adults and adults w…

411-020-0030 Confidentiality (1) Oregon and federal statutes provide for the confidentiality of the identity of certain individuals and information obtained as a result of an APS intervention. Confidentiality of information is critical to protect the privacy of individuals, to en…

411-020-0040 Services Provided (1) Local offices must follow procedural guidelines consistent with Department policies guiding APS response activities. Although the role of APS is civil rather than criminal investigation, cooperative agreements with regulatory and enforcement age…

411-020-0060 Screening (1) All calls or contacts involving the possibility of abuse or self-neglect must be directed to APS screening. (2) Screening is the skilled interviewing process used to gather and assess information in order to determine eligibility for Adult Protective Se…

411-020-0070 APS Consultation (1) APS consultation is the process by which APS provides specialized information or assistance, enhanced referral, or technical assistance via electronic means, including telephone, fax, or e-mail, to assist in harm reduction. (2) APS consultation, …

411-020-0080 Triage (1) Triage is the APS process of determining the nature and severity of risk to individuals and the immediacy of response required. (2) The local office shall provide for a prompt and timely initial response to all APS referrals meeting the eligibility criteri…

411-020-0085 Law Enforcement Notification (1) The Department or local office shall immediately notify law enforcement if any of the following conditions exist: (a) Reasonable cause to believe a crime has been committed; (b) Access to the allegedly abused individual is denied and …

411-020-0090 Assessment (1) Assessment is the process by which the APS worker determines the alleged victim's degree of risk, level of functioning, adequacy of information, and ability to protect their own interests. Assessment additionally determines the alleged victim's ability…

411-020-0100 Community Investigation, Documentation, and Notification (1) Community investigations shall be objective, professional, and thorough. (2) A community abuse investigation shall be conducted and documented when the alleged perpetrator is reported to have abused: (a) An…

411-020-0105 Community Abuse Investigations Review and Due Process (1) As used in this rule, “community abuse investigation” means the process of determining whether abuse or self-neglect occurred to an alleged victim: (a) Who resides in a non-facility setting; (b) Who resides in…

411-020-0110 Intervention (1) Intervention is the process by which APS assists the victim to reduce or remove the threat of harm that has placed the victim at risk. (2) Intervention may include, but is not limited to: (a) Arranging for emergency services, such as law enforcement …

411-020-0120 Facility Investigation, Documentation, and Notification (1) Facility investigations shall be objective, professional, and complete. (2) A facility investigation shall be conducted and documented when a resident of a facility licensed by APD is reported to have been a…

411-020-0121 Administrative Closure (1) Administrative closure is a mechanism by which a DHS supervisor or designee may close an assigned investigation without the investigation reaching a conclusion as to if abuse or self-neglect occurred. (2) Administrative closure is applicabl…

411-020-0123 Accessing Protected Health Information, including Records Protected health information from a health care provider may be obtained during an APS investigation either from a mandatory reporter performing that reporter’s duties required by Oregon statute or as follows:…

411-020-0126 Accessing Financial Records (1) Financial records may be obtained from a financial institution during an APS investigation into alleged abuse. (2) DEFAULT STANDARD. APS may not request financial records from a financial institution unless one of the following excepti…

411-020-0130 APS Risk Management (1) APS risk management is the process by which APS provides short-term active assessment and intervention to an alleged victim. (2) Referral to APS risk management is appropriate: (a) After the abuse and self-neglect investigation is completed. (…

411-025-0000 Information and Referral Service Information and Referral Service is defined as a service to be provided by the Seniors and People with Disabilities Division to adults 18 years of age and older who request information and referrals regarding community, medical, and s…

411-026-0000 Purpose and Scope (1) The Department of Human Services (Department), Seniors and People with Disabilities Division (Division) has the authority and responsibility to provide protective services to older adults, age 65 or older, and adults with physical disabilities. …

411-026-0010 Definitions For purposes of these rules, the following definitions apply: (1) "Area Agency on Aging (AAA)" means the agency designated by the Department with responsibility to provide a comprehensive and coordinated system of service to older adults or adults with di…

411-026-0020 Eligibility for State Payment When a protective order is the appropriate action to protect an individual, the Division may pay towards the costs of the proceeding for a protective order for an individual who: (1) Is age 65 years or older or is age 18 or older with a …

411-026-0030 Screening (1) The local office shall complete a screening of the individual for whom a guardian or conservator is sought. The screening shall: (a) Provide specific objective evidence of functional incapacitation or financial incapability; (b) Address whether the indi…

411-026-0050 Assignment of Attorney Central office shall establish a list of contracted attorneys to be used by the Department to pursue guardianships, conservatorships, and probate matters. Central office shall nominate an attorney from the list to be the petitioning attorney. T…

411-026-0060 Request and Authorization for Payment (1) The local office shall submit to the central office a request for payment for a protective proceeding. Payment may be for attorney fees for the preparation of a petition to the court and the protective proceeding including pa…

411-026-0070 Disclosure of Information (1) In the absence of an individual’s authorization for disclosure, a local office may disclose the individual’s confidential information or information about the fiduciary or proposed fiduciary when the disclosure is ordered by a court or i…

411-026-0080 Estate Administration (1) An individual who receives public assistance through the Department, who is financially incapable, and whose assets need protection, recovery, or for whom disposition of excess property is needed to maintain eligibility for services or benef…

411-027-0005 Definitions (1) "AAA" means "Area Agency on Aging" as defined in this rule. (2) "Activities of Daily Living (ADL)" mean those personal, functional activities required by an individual for continued well-being, which are essential for health and safety. Activities inc…

411-027-0020 Payment Limitations in Home and Community-Based Services (1) PAYMENT FOR SERVICES. (a) Service payments under these rules are limited to services provided under Oregon's Medicaid State Plan K Option for individuals served through the Department’s Aging and People wit…

411-027-0025 Payment for Residential Care Facility and Adult Foster Home Services The Department reimburses for services provided to individuals residing in a residential care facility or an adult foster home according to the following: (1) Service Payment. The provider must agre…

411-027-0050 Exceptions to Payment Limitations in Home and Community-Based Services (1) Eligibility for Exceptions. (a) Exceptions for in-home services as defined in OAR 411-030-0020 are not subject to this rule. (b) Exceptions will only be granted when the requirements of this r…

411-027-0075 Special Payment Contracts (1) The Department may authorize three different types of special payment contract arrangements. (a) Supplemented Program Contract. A supplemented program contract pays a rate in excess of the rate schedule to providers in return for additio…

411-027-0125 Distressed Provider Relief Fund The Department may authorize a payment to a Medicaid Assisted Living Facility, Residential Care Facility or Memory Care (Endorsed Units Only) who meet the criteria described in OAR chapter 411, division 029. The Department will priorit…

411-027-0150 Repayment of Premium Deposits for Workers' Compensation Those providers on whose behalf the Department made a Workers' Compensation premium deposit in accordance with OAR 411-027-0010 (suspended 2-8-91 and repealed 5-1-91) shall repay the deposit amount to the Depart…

411-027-0160 Enhanced Wage Add-on Program (1) For the purposes of this rule, Home and Community Based Services (HCBS) providers refer to Assisted Living Facilities, Residential Care Facilities, Memory Care (Endorsed Units Only) and In-Home Agencies. Effective January 1, 2023, thi…

411-027-0165 Wage Transparency (1) This rule is for the following providers: Assisted Living Facilities, Residential Care Facilities, Memory Care (Endorsed Units Only), Adult Foster Homes and In-Home Agencies that hold Medicaid contracts or enrolled as a Medicaid provider with th…

411-027-0170 Rate Schedule for Home and Community-Based Services (1) Rates below are in effect starting January 1, 2026. (2) Monthly Rates: (a) Residential Care Facilities: (A) Tier 1 - $2,863.00. (B) Tier 2 - $3,421.00. (C) Tier 3 - $3,979.00. (D) Tier 4 - $4,537.00. (E) Tier 5 …

411-028-0000 Purpose (1) The rules in OAR chapter 411, division 028 ensure case management services support the independence, empowerment, dignity, and human potential of older adult individuals and adult individuals with disabilities with the purpose of helping the individuals r…

411-028-0010 Definitions Unless the context indicates otherwise, the following definitions apply to the rules in OAR chapter 411, division 028: (1) "Adult" means any person at least 18 years of age. (2) "Adult Protective Services" mean the services provided in response to the nee…

411-028-0020 Scope of Case Management Services (1) DIRECT CASE MANAGEMENT SERVICES. Direct case management services are provided by a case manager or higher level staff, who communicates directly with an individual or the individual's representative. Direct case management servic…

411-028-0030 Eligibility for Case Management Services To be eligible for case management services a person must: (1) Be 18 years of age or older; (2) Be eligible for OSIP-M; and (3) Meet the functional impairment level within the service priority levels currently served by the De…

411-028-0040 Qualified Case Manager Staff working for the Department or the Department's designee must meet the following requirements to provide case management services: (1) A bachelor’s degree in a behavioral science, social science, or a closely related field; or (2) A bachel…

411-028-0050 Frequency of Case Management Services A case manager who meets the requirements in OAR 411-028-0040 must provide the following case management services to an eligible individual receiving Medicaid home and community-based services: (1) A direct case management servic…

411-029-0000 Purpose The purpose of this division is to establish requirements for the application, approval, distribution, and oversight of the Community-Based Care (CBC) Distressed Provider Relief Fund (Fund). This Fund provides a financial assistance grant to CBCs who are expe…

411-029-0005 Definitions (1) “Community-Based Care (CBC)” means: (a) An Assisted Living Facility licensed under rules contained in Oregon Administrative Rule chapter 411, division 054; or (b) A Residential Care Facility licensed under rules contained in Oregon Administrative Rule…

411-029-0010 Community-Based Care Distressed Provider Relief Fund (1) ESTABLISHMENT. The Oregon Department of Human Services (Department) establishes the CBC Distressed Provider Relief Fund. The Fund will prioritize financial assistance grants to CBC facilities who meet the crite…

411-029-0020 Criteria The Department will accept completed applications from CBCs that are able to confirm a Financial Hardship and whom have a valid Medicaid provider number. Prioritization will be given to facilities as described in OAR 411-029-0025. Statutory/Other Authority: …

411-029-0025 Prioritization of Applications The Department will prioritize funding based on following criteria: (1) Facilities who meet the definition of Essential Facility; (2) Facilities with high Medicaid Occupancy on a date specified by the Department; (3) Facilities who are …