Oregon Administrative Code

411-200-0030 Medical Evidence of Record (MER) and Narrative Charges for Vendors (1) Except as provided by section (4) of this rule, the Department pays the lesser of the following fees for existing medical records requested by the Department: (a) The lowest fee for the records th…

411-200-0035 Consultative Examination (CE) and Related Charges for Consultants (1) Except as provided in section (2) of this rule, the Department pays the lesser of the following fees for examinations and lab work when requested and pre-authorized by the Department: (a) The lowes…

411-200-0040 Limitations of Payments (1) A vendor or consultant who has entered into a price agreement or contract with one part of the Department to provide identified services must provide the same services at the same price to the Department if requested. (2) The vendor must a…

411-300-0100 Statement of Purpose (1) The rules in OAR chapter 411, division 300 prescribe standards, responsibilities, and procedures for the Department to partner with families and community partners in the delivery of specialized in-home services through a combination of Commu…

411-300-0110 Definitions and Acronyms In addition to the following definitions, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 300. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-300-0120 Eligibility for CIIS (1) NON-DISCRIMINATION. A child may not be denied CIIS 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, duratio…

411-300-0150 Scope of CIIS and Limitations (1) CIIS are intended to support, not supplant, the naturally occurring supports provided by a legally responsible primary caregiver and enable the primary caregiver to meet the needs of caring for a child receiving CIIS. CIIS are not me…

411-300-0190 CIIS Provider Documentation and Records (1) Documentation of services provided must be consistent with the requirements described in: (a) OAR 411-450-0080 for community living supports. (b) OAR 411-375-0035 for independent providers. (2) Documentation of private duty…

411-300-0205 Rights, Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL RIGHTS. (a) The rights of a child are described in OAR 411-318-0010. (b) Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 must be provid…

411-303-0000 Statement of Purpose The rules in OAR chapter 411, division 303 prescribe standards, responsibilities, and procedures related to the ODDS-approved behavior intervention curriculum. Statutory/Other Authority: ORS 409.050, 418.529, 427.104 & 430.662 Statutes/Other Impl…

411-303-0010 Definitions and Acronyms In addition to the following definitions, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 303. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-303-0020 Authorized Entity Standards An authorized entity must have formal approval from ODDS to deliver an ODDS-approved behavior intervention curriculum to instructors, providers, and designated persons. Statutory/Other Authority: ORS 409.050, 418.529, 427.104 & 430.662 Sta…

411-303-0030 Curriculum Standards (1) An ODDS-approved behavior intervention curriculum must meet all of the following standards: (a) Be based in positive behavior support practices. (b) Require the teaching of techniques for nonviolent crisis intervention that do not require phy…

411-303-0040 Behavior Intervention Instructor Standards (1) An instructor for an ODDS-approved behavior intervention curriculum must meet all of the following standards: (a) Be certified by the authorized entity to conduct the type of training the instructor is providing. (b) Be …

411-303-0050 Behavior Intervention Certification Standards (1) To be certified in an ODDS-approved behavior intervention curriculum, a provider or designated person must: (a) Complete an approved training program delivered by an instructor; and (b) Demonstrate physical and writte…

411-304-0110 Statement of Purpose (1) The rules in OAR chapter 411, division 304 establish the standards for behavior professionals and the delivery of professional behavior services to individuals with intellectual or developmental disabilities receiving family support services …

411-304-0120 Definitions and Acronyms In addition to the following definitions, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 304. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-304-0130 Eligibility for Professional Behavior Services (1) An individual may not be denied professional behavior services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age,…

411-304-0140 Professional Behavior Services and Limitations (1) PROFESSIONAL BEHAVIOR SERVICES. (a) Professional behavior services include: (A) Gathering and analyzing data and information for the development of the TESP, FBA, and PBSP. (B) Creating the TESP, FBA, and PBSP. (C) O…

411-304-0150 Professional Behavior Service Planning (1) A behavior professional develops and implements the following: (a) A TESP as described in section (3) of this rule. (b) An FBA as described in section (4) of this rule. (c) A PBSP as described in section (5) of this rule. (d…

411-304-0160 Safeguarding Interventions (1) A behavior professional may only include a safeguarding intervention in a PBSP when all of the following conditions are met: (a) The safeguarding intervention is directed for use only: (A) As an emergency crisis strategy. (B) For as lon…

411-304-0170 Qualifications and Standards for Behavior Professionals (1) A person who is hired, promoted, or enrolled to deliver professional behavior services must meet at least one of the following requirements: (a) Possess a Board-Certified Behavior Analyst® (BCBA®) graduate-l…

411-304-0180 Provider Types and Agency Endorsement (1) Delivery of professional behavior services is limited to the following provider types: (a) An independent provider meeting the standards in OAR chapter 411, division 375 and the qualifications in OAR 411-304-0170. (b) An agen…

411-304-0190 Documentation and Records for Professional Behavior Services (1) A behavior professional must maintain documentation of all delivered professional behavior services and furnish the documentation to the Department, Oregon Health Authority, or case management entity, u…

411-304-0200 Claim Reimbursement Requirements for Independent and Agency Providers of Professional Behavior Services (1) Claim reimbursement is required for all professional behavior services delivered to an individual. (2) A behavior professional must maintain true and accurate …

411-304-0210 Individual Rights, Complaints, Notification of Planned Action, and Hearings (1) Behavior professionals must have and implement written policies and procedures protecting the individual rights described in OAR 411-318-0010 and encourage and assist individuals to under…

411-305-0200 Statement of Purpose (1) The rules in OAR chapter 411, division 305 prescribe standards, responsibilities, and procedures for Community Developmental Disabilities Programs to partner with families and other community-based networks in the coordination of supports and…

411-305-0205 Definitions and Acronyms OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 305. In addition to the definitions in OAR 411-317-0000, the following definitions apply specifically to the rules in OAR chapter 4…

411-305-0210 Program Administration and Operation (1) FAMILY LEADERSHIP. The CDDP may appoint a Family Support Policy Oversight Group to advise and assist the CDDP in matters related to family support services such as evaluating the effectiveness of family support services, evalu…

411-305-0215 Required Services (1) In addition to the assistance provided by a CDDP as described in OAR 411-415-0080, the CDDP must provide or arrange for the following services to support all children enrolled in family support services: (a) ACCESS TO FAMILY SUPPORT FUNDING. The…

411-305-0220 Eligibility, Enrollment, and Exit (1) NON-DISCRIMINATION. Children determined eligible according to section (2) of this rule may not be denied family support services or otherwise discriminated against on the basis of age, diagnostic or disability category, race, col…

411-305-0225 Needs Assessment and Service Planning (1) The CDDP must provide or arrange for an annual child and family-centered planning process within 90 days of enrollment and annually thereafter as long as the child is enrolled in family support services. The initial annual me…

411-305-0230 Managing Family Support Funds and Conditions of Purchase (1) The CDDP must develop and implement a written plan for managing access to family support funds using forms and procedures prescribed by the Department that includes, but is not limited to the following: (a)…

411-305-0235 Supports and Services (1) Family support funds may be used to purchase a combination of the following supports and services: (a) ASSISTIVE DEVICES. Assistive devices must be authorized in accordance with OAR 411-435-0050 and may not exceed the maximum limit establish…

411-305-0240 Standards for Providers (1) Independent providers, provider agencies, and general business providers paid with family support funds must be qualified as provider types as described in OAR 411-450-0070, excluding adult foster home providers. (2) Provider agencies paid…

411-310-0010 Statement of Purpose The purpose of these rules is to: (1) Prescribe the operational procedures for the Developmental Disabilities Community Housing Program and the Community Housing Fund; and (2) Implement and describe the acquisition, construction, rehabilitation, …

411-310-0020 Definitions (1) "Adult" means an individual 18 years or older. (2) "Care and Custody" means minimum services (which may include mortgage, insurance, utilities, phone) and property protection for vacant homes in which the Department has a financial interest. (3) "Care…

411-310-0030 Development Projects (1) Eligible Projects. Eligible development projects will be approved by the Department and must meet one or more of the following criteria: (a) Be initiated by the Department to fulfill an identified housing need for individuals whose services a…

411-310-0040 Minor Housing Projects (1) Minor housing projects or equipment, costing less than $10,000, may be requested by Care Providers, Housing Providers or initiated by the Department to address a housing need of individuals receiving services approved and funded by the Depa…

411-310-0050 Maintenance of Qualified Properties (1) Qualification. The following projects qualify for funding of maintenance and repair: (a) The Department may pay for maintenance and repair of qualified homes in order to preserve and maintain the benefit of housing assets in wh…

411-310-0060 Developmental Disability Housing Fund (1) Composition of the Fund. There will be a Developmental Disabilities Community Housing Fund established with the State Treasury. The Fund will be comprised of the following components: (a) Housing development account; (b) Prop…

411-310-0070 Surplus Property (1) Surplus real property, personal property, or equipment owned or controlled by the Department may be sold or ownership transferred to individuals, Care Providers (including families), not-for-profit Housing Providers, or government entities for th…

411-317-0000 General Definitions for Developmental Disabilities Services This rule, OAR 411-317-0000, defines words and terms frequently used to describe developmental disabilities services. These definitions apply to all rules in OAR chapter 411, divisions 300 to 455, unless the…

411-318-0000 Statement of Purpose and Scope (1) The rules in OAR chapter 411, division 318 prescribe: (a) The rights of individuals receiving developmental disabilities services; (b) The process for reporting and investigating a complaint regarding dissatisfaction with a developm…

411-318-0005 Definitions and Acronyms 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 318. If a word or term is defined differently in OAR 411-317-0000, the defin…

411-318-0010 Individual Rights (1) While receiving developmental disabilities services, an individual has the right to: (a) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation; (b) Be free from seclusion, unauthorized …

411-318-0015 Complaints (1) The Department and local programs must address all complaints in accordance with their policies and procedures and these rules. (2) Department staff and program staff addressing or reviewing a complaint may not have a conflict of interest with the comp…

411-318-0020 Notification of Planned Action (1) An individual and the representative of the individual must receive a written Notification of Planned Action in the event a developmental disabilities service is denied, reduced, suspended, or terminated. (2) The Notification of Pla…

411-318-0025 Contested Case Hearings for Reductions, Suspensions, Terminations, or Denials (1) An individual or an individual's representative may request a hearing, as provided in ORS chapter 183, if the individual experiences a denial, reduction, suspension, or termination of a…

411-318-0030 Contested Case Hearings for Provider Notices of Involuntary Reductions, Transfers, or Exits (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 Depart…