Oregon Administrative Code

411-320-0010 Statement of Purpose The rules in OAR chapter 411, division 320 prescribe general administrative standards for the operation of a community developmental disabilities program (CDDP). (1) A CDDP providing developmental disabilities services under a contract with the D…

411-320-0020 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 320. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-320-0030 Organization and Program Management for Community Developmental Disabilities Programs (CDDPs) (1) ORGANIZATION AND INTERNAL MANAGEMENT. A CDDP must have written standards governing the operation and management of the CDDP. The standards must be up to date, available …

411-320-0040 Program Responsibilities for Community Developmental Disabilities Programs (CDDPs) A CDDP must ensure the provision of the following services and system supports. (1) ACCESS TO SERVICES. (a) A person may not be denied developmental disabilities services or otherwise …

411-320-0045 Quality Assurance Responsibilities (1) Each CDDP must draft a local CDDP management plan as described in OAR 411-320-0030 that supports the Department's Quality Management Strategy for meeting CMS' six waiver quality assurances, as required and defined by 42 CFR 441.…

411-320-0070 Service Records (1) CONFIDENTIALITY. The service record for an individual must be kept confidential in accordance with ORS 179.505, 192.515, 192.517, 192.553, and any Department rules or policies pertaining to individual service records. (2) INFORMATION SHARING. Pert…

411-320-0080 Application and Eligibility Determination (1) APPLICATION. (a) To apply for developmental disabilities services: (A) An applicant, or the legal representative of the applicant, must submit a completed application to the CDDP in the county of origin. (B) The CDDP must…

411-320-0140 Abuse Investigations and Protective Services (1) GENERAL DUTIES. (a) For the purpose of conducting abuse investigations and providing protective services for adults, a CDDP is the designee of the Department. A CDDP must conduct abuse investigations and provide protec…

411-320-0175 Individual Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL COMPLAINTS. (a) The CDDP must have and implement written policies and procedures for individual complaints in accordance with OAR 411-318-0015. (b) Complaints by or on behalf of indivi…

411-320-0180 Inspections and Investigations (1) A CDDP must allow and participate in all of the following types of investigations and inspections: (a) Quality assurance, certification, and on-site inspections. (b) Complaint investigations. (c) Abuse investigations. (d) Workers' c…

411-320-0190 Program Review (1) The Department and Oregon Health Authority may review the CDDP implementation of these rules as provided in OAR 411-320-0180 at least every two years or more frequently as needed to ensure compliance. (2) Following a Department review, the Departme…

411-320-0200 Variances (1) A variance that does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws may be granted to the CDDP if there is a lack of resources to meet the standards required in these rules and the alternative…

411-320-0210 Civil Penalties (1) COVID-19. (a) A CDDP must implement all directives related to staffing and operation of the CDDP to reduce the spread of the Coronavirus (COVID-19) issued through any of the following: (A) Governor’s Executive Order. (B) Written guidance to the CD…

411-323-0010 Statement of Purpose for Agency Certification and Endorsement (1) The rules in OAR chapter 411, division 323 prescribe standards, responsibilities, and procedures for agencies to obtain a certificate and endorsement in order to deliver the following person-centered s…

411-323-0020 Definitions and Acronyms for Agency Certification and Endorsement 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 323. If a word or term is defined d…

411-323-0024 Application Fees for Certification, Endorsements, and Initial and Renewal Licenses (1) CERTIFICATION. A non-refundable fee of $500 must be submitted with an application for a certificate. (2) ENDORSEMENTS. A non-refundable fee of $100 must be submitted with an applic…

411-323-0029 Medicaid Agency Executive Director Orientation (1) The person identified as the executive director in an initial application, as defined in OAR 411-323-0020, must successfully complete the orientation offered by the Department for the initial application to be consid…

411-323-0030 Application Process and Standards for Agency Certification and Endorsement (1) Except as described in section (2) of this rule, an application for a certificate and at least one endorsement must be approved by the Department, under these rules, before an agency may d…

411-323-0033 Agency Administrative Sanctions (1) An administrative sanction may be imposed for non-compliance with these rules, the rules in OAR chapter 411 division 004, or the corresponding program rules. An administrative sanction may be imposed immediately if necessary to pro…

411-323-0040 Inspections and Investigations (1) Agencies certified under these rules must allow and fully cooperate in all the following types of investigations and inspections: (a) Quality assurance, onsite inspections, and certificate and endorsement request reviews. (b) Compla…

411-323-0050 Agency Management and Personnel Practices (1) NON-DISCRIMINATION. An agency's personnel policies and practices must comply with all applicable state and federal statutes, rules, regulations, and Department policy regarding non-discrimination. (2) ABUSE REPORTING. (a)…

411-323-0055 Agency Operating Standards (1) An agency must implement a Positive Behavior Support Plan when there is one, including the completion of required documentation. (2) An agency must implement the requirements of an advisory letter or a serious violation letter. (3) An a…

411-323-0060 Agency Policies and Procedures (1) HEALTH. An agency must have and implement policies and procedures that maintain and protect the health of individuals. (2) INDIVIDUAL AND FAMILY INVOLVEMENT. An agency must have and implement a written policy that addresses opportun…

411-323-0063 Abuse and Incident Handling and Reporting (1) ABUSE REPORTING. If a mandatory reporter has a reasonable cause to believe that abuse of an individual has occurred, the mandatory reporter must report or cause a report to be made immediately by phone or otherwise to the…

411-323-0065 Payment to Agency Providers (1) Service authorization by a case management entity or the Department for payment in the appropriate electronic payment system must occur prior to the delivery of services. (2) Payment shall only be made after services are delivered. (3)…

411-323-0070 Variances (1) The Department may grant a variance to these rules or the corresponding program 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 t…

411-323-0075 Civil Penalties (1) In addition to any other liability or penalty, the Department may impose a civil penalty for a violation in accordance with ORS 427.900 when, after being notified of the violation, an agency does not come into compliance within the time frame spec…

411-325-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 325 prescribe standards, responsibilities, and procedures for 24-hour residential programs delivering home and community-based services to individuals with intellectual or developmental disabilities in 2…

411-325-0020 Definitions and Acronyms for 24-Hour Residential Programs and Settings 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 325. If a word or term is defi…

411-325-0025 Program Management for 24-Hour Residential Programs and Settings (1) CERTIFICATION, ENDORSEMENT, AND ENROLLMENT. To operate a 24-hour residential program, a provider must have: (a) A certificate and an endorsement for a 24-hour residential program as set forth in OAR…

411-325-0030 Issuance of License for a 24-Hour Residential Setting (1) No person, agency, or governmental unit acting individually or jointly with any other person, agency, or governmental unit shall establish, conduct, maintain, manage, or operate a 24-hour residential program w…

411-325-0040 Applications for Initial License of a 24-Hour Residential Setting LICENSE MORATORIUM. An application for an initial license will not be evaluated by the Department if submitted before December 2, 2025. (1) At least 30 days prior to anticipated licensure, an applicant…

411-325-0050 License Expiration, Termination of Operations, and License Return for 24-Hour Residential Settings (1) Unless revoked, suspended, or terminated earlier, each license to operate a residential home expires two years following the date of issuance. (2) If the operation …

411-325-0060 License Conditions The Department may attach conditions to a license that limit, restrict, or specify other criteria for operation of a home. The type of condition attached to a license must directly relate to the risk of harm or potential risk of harm to individuals…

411-325-0070 License Renewal for 24-Hour Residential Settings (1) A license is renewable upon submission of an application to the Department and the payment of the required non-refundable fee, except that no fee is required of a governmental owned home. (2) Filing of an applicati…

411-325-0090 Change of Ownership, Legal Entity, Legal Status, Management Corporation (1) The service provider must notify the Department in writing of any pending change in ownership or legal entity, legal status, or management corporation. (2) A new license is required upon chan…

411-325-0110 Variances (1) The Department may grant a variance to these rules based upon a provider's demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact individuals'…

411-325-0120 Medical Services in 24-Hour Residential Programs and Settings (1) A provider must have and implement written policies and procedures that maintain and protect individuals' physical health. The policies and procedures must address the following: (a) Individual health …

411-325-0130 Food and Nutrition (1) A provider must support an individual's freedom to have access to his or her personal food at any time. A limitation may only be used when there is a health or safety risk and written informed consent is obtained as described in OAR 411-325-043…

411-325-0140 Physical Environment (1) All floors, walls, ceilings, windows, furniture, and fixtures must be kept in good repair, clean, and free from odors. Walls, ceilings, and floors must be of such character to permit frequent washing, cleaning, or painting. (2) The interior a…

411-325-0150 General Safety in 24-Hour Residential Programs and Settings (1) All toxic materials, including, but not limited to poisons, chemicals, rodenticides, and insecticides must be: (a) Properly labeled; (b) Stored in the original container separate from all foods, food pre…

411-325-0170 Staffing Requirements for 24-Hour Residential Programs and Settings (1) A home must have staff appropriate to the number of individuals receiving services as follows: (a) A home with five or fewer individuals must have at least one staff member on the premises of the…

411-325-0180 Individual Summary Sheets A provider must maintain a current one to two page summary sheet for each individual receiving services from the provider. The record must include: (1) The name of the individual and his or her current address, previous address if the indivi…

411-325-0185 Emergency Information (1) A provider must maintain emergency information for each individual receiving services from the home in addition to the individual summary sheet described in OAR 411-325-0180. (2) The emergency information must be kept current and must includ…

411-325-0200 Transportation (1) Service providers, including employees and volunteers who own or operate vehicles that transport individuals, must: (a) Maintain the vehicle in safe operating condition; (b) Comply with Department of Motor Vehicles laws; (c) Maintain or assure insu…

411-325-0220 Individual Furnishings (1) Bedroom furniture must be provided or arranged for each individual and include: (a) A bed including a frame unless otherwise documented by an ISP team decision, a clean comfortable mattress, a waterproof mattress cover if the individual is …

411-325-0230 Emergency Plan and Safety Review (1) Providers must provide the emergency plan and safety review requirements as described in this rule. (2) EMERGENCY PLANNING. (a) Providers must post the following emergency telephone numbers in close proximity to all phones used by…

411-325-0240 Assessment of Fire Evacuation Assistance (1) The service provider must assess, within 24 hours of an individual's entry to the home, the individual's ability to evacuate the home in response to an alarm or simulated emergency. (2) The service provider must document t…

411-325-0250 Fire Drill Requirements and Fire Safety (1) The service provider must conduct unannounced evacuation drills when individuals are present, one per quarter each year with at least one drill per year occurring during the hours of sleep. Drills must occur at different ti…

411-325-0260 Individual Fire Evacuation Safety Plans for 24-Hour Residential Programs and Settings (1) A provider must develop, train, and implement a written fire safety and evacuation plan for individuals who: (a) Are unable to evacuate the residence within the required evacuat…