Oregon Administrative Code

411-325-0270 Fire Safety Requirements for Homes on a Single Property or on Contiguous Property Serving Six or More Individuals (1) The home must provide safety equipment appropriate to the number and level of individuals served and meet the requirements of the State of Oregon Str…

411-325-0280 Fire Safety Requirements for Homes or Duplexes Serving Five or Fewer Individuals (1) Each home or duplex unit must be made fire safe. (a) Each home or duplex unit must have a minimum of two exterior doorway exits allowing for egress. (b) Sleeping and living quarters …

411-325-0290 Fire Safety Requirements for Apartments Serving Five or Fewer Individuals (1) The apartment must be made fire safe by: (a) Providing and maintaining in each apartment, battery-operated smoke alarms with a 10-year life in each bedroom and in a central location on each…

411-325-0300 Residency Agreements, Individual Rights, Complaints, Notification of Planned Action, and Hearings (1) RESIDENCY AGREEMENTS. (a) A provider must enter into a written Residency Agreement with each individual specifying, at a minimum, the following: (A) The rights and r…

411-325-0350 Behavior Supports and Physical Restraints for Adults in 24-Hour Residential Programs and Settings For the purpose of this rule, a designated person is the person implementing the behavior supports identified in an adult's Positive Behavior Support Plan. (1) BEHAVIOR …

411-325-0352 Behavior Supports for Children For the purpose of this rule, a designated person is the person implementing the behavior supports identified in a child's Positive Behavior Support Plan. (1) BEHAVIOR SUPPORTS. Professional behavior services and behavior supports must …

411-325-0355 Restraint and Involuntary Seclusion of a Child (1) PROHIBITIONS. (a) Involuntary seclusion of a child is prohibited. (b) A child may not be placed in a restraint except as described in section (2) of this rule. (c) The use of any of the following types of restraint o…

411-325-0360 Psychotropic Medications and Medications for Behavior in 24-Hour Residential Programs and Settings (1) When an individual receives support from a provider for the administration of psychotropic medications and medications for behavior, the medications must be: (a) Pr…

411-325-0370 Individuals' Personal Property (1) The service provider must prepare and maintain an accurate individual written record of personal property that has significant or monetary value to each individual as determined by a documented ISP team or legal representative decis…

411-325-0380 Handling and Managing Individuals' Money (1) A provider must have and implement written policies and procedures for the handling and management of individuals' money. Such policies and procedures must provide for: (a) An individual to manage his or her own funds unle…

411-325-0390 Entry, Exit, Transfer, and Closure of 24-Hour Residential Programs and Settings (1) NON-DISCRIMINATION. An individual may not be denied services in a 24-hour residential setting or otherwise discriminated against on the basis of race, color, religion, sex, gender ide…

411-325-0410 Community Living Supports (1) All individuals considered for community living supports must: (a) Be referred by the CDDP, Brokerage, or Department; and (b) Not be discriminated against because of race, color, creed, age, disability, national origin, gender, religion,…

411-325-0430 Individual Support Plan (1) A provider must collect and summarize the following information prior to an ISP meeting: (a) One page profile reflecting, at a minimum, information gathered by the provider at the setting where the individual receives services. (b) Person-…

411-325-0440 Children’s Direct Contracted Services Any documentation or information required for children's direct contracted developmental disability services to be submitted to the CDDP services coordinator must also be submitted to the Department's residential services coordin…

411-325-0445 Notification of School District - Homes Serving Five or More Children (1) Prior to establishing a home with a capacity to serve five or more children or expanding the capacity of an existing home to serve five or more children, a provider must notify in writing and c…

411-325-0460 Civil Penalties (1) For purposes of imposing civil penalties, a 24-hour residential setting licensed under ORS 443.400 to 443.455 and ORS 443.991(2) is considered to be a long-term care facility subject to ORS 441.705 to 441.745. (2) The Department issues the followi…

411-325-0470 License Denial, Suspension, Revocation, and Refusal to Renew for 24-Hour Residential Programs and Settings (1) The Department shall deny, suspend, revoke, or refuse to renew a license where the Department finds there has been substantial failure to comply with these …

411-325-0480 Criminal Penalties (1) Violation of any provision of ORS 443.400 to 443.455 is a Class B misdemeanor. (2) Violation of any provision of ORS 443.881 is a Class C misdemeanor. Statutory/Other Authority: ORS 409.050, 443.450 & 443.455 Statutes/Other Implemented: ORS 443…

411-325-0490 24-Hour Residential Provider Eligibility for Medicaid Service Payment (1) In addition to meeting the licensing standards and conditions set forth in these rules, a provider must have an approved prior authorization through the Department payment system for individual…

411-328-0550 Statement of Purpose (1) The rules in OAR chapter 411, division 328 prescribe standards for providers that support individuals with intellectual or developmental disabilities in a supported living setting and the procedures for the certification and endorsement of su…

411-328-0560 Definitions OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 328. In addition to the definitions in OAR 411-317-0000, the following definitions apply specifically to the rules in OAR chapter 411, division …

411-328-0570 Program Management for Supported Living Programs (1) CERTIFICATION, ENDORSEMENT, AND ENROLLMENT. To provide services in a supported living setting, the provider must have: (a) A certificate and an endorsement to provide services in a supported living setting as set f…

411-328-0620 Variances (1) The Department may grant a variance to these rules based upon a demonstration by the provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or …

411-328-0625 Supported Living Provider Owned, Controlled, or Operated Residential Settings (1) When an individual resides in a provider owned, controlled, or operated residential setting, the provider must assure the setting complies with the qualities in OAR 411-004-0020 no late…

411-328-0630 Medical Services (1) The medical records for individuals must be kept confidential as described in OAR 411-323-0060. (2) The provider must provide sufficient oversight and guidance to ensure that the health and medical needs of the individuals are adequately addresse…

411-328-0640 Dietary (1) The provider is responsible for providing the support and guidance identified in the ISP to ensure individuals are provided access to a nutritionally adequate diet. (2) Written dietary supports must be developed as required by an ISP team and integrated i…

411-328-0650 Physical Environment (1) All floors, walls, ceilings, windows, furniture, and fixtures must be maintained. The interior and exterior must be safely maintained and accessible according to the needs of the individuals. (2) The water supply and sewage disposal must meet…

411-328-0660 General Health and Safety (1) The provider must employ means for protecting the health and safety of the individuals which: (a) Are not unduly restrictive; (b) May include risks but do not inordinately affect the health, safety, and welfare of the individuals; and (c…

411-328-0680 Staffing Requirements (1) The provider must provide responsible people or an agency that is on-call and available to individuals by telephone at all times. (2) The provider must provide staff appropriate to the number and needs of individuals receiving services as sp…

411-328-0690 Individual Summary Sheets The 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, home phone number, date of e…

411-328-0710 Vehicles and Drivers (1) A provider that owns or operates a vehicle that transports individuals must: (a) Maintain the vehicle in safe operating condition; (b) Comply with the laws of the Department of Motor Vehicles; (c) Maintain insurance coverage on the vehicle an…

411-328-0715 Financial Rights (1) Written individual financial supports must be developed as required by an ISP team and integrated into a Transition Plan or ISP. The plan must be based on a review and identification of the financial support needs and preferences of an individual…

411-328-0720 Individual Rights, Complaints, Notification of Planned Action, and Hearings (1) INDIVIDUAL RIGHTS. (a) A provider must protect the rights of individuals described in OAR 411-318-0010 and encourage and assist individuals to understand and exercise these rights. (b) Up…

411-328-0750 Personalized Plans (1) The following information must be collected and summarized by the provider prior to any ISP meeting: (a) One page profile reflecting, at a minimum, information gathered by the site where the individual receives services; (b) Person-centered inf…

411-328-0770 Behavior Supports and Physical Restraints For the purpose of this rule, a designated person is the person implementing the behavior supports identified in an individual's Positive Behavior Support Plan. (1) BEHAVIOR SUPPORTS. Professional behavior services and behavi…

411-328-0780 Psychotropic Medications and Medications for Behavior (1) Psychotropic medications and medications for behavior must be prescribed by a physician through a written order. (2) The use of psychotropic medications and medications for behavior must be based on the decisi…

411-328-0790 Entry, Exit, and Transfer (1) NON-DISCRIMINATION. An individual considered for Department-funded services may not be discriminated against because of race, color, creed, age, disability, national origin, gender, religion, duration of Oregon residence, method of payme…

411-340-0010 Statement of Purpose (1) The rules in OAR chapter 411, division 340 prescribe standards, responsibilities, and procedures for Support Service Brokerages. Support Service Brokerages assist adults with intellectual or developmental disabilities to identify and address …

411-340-0020 Definitions and Acronyms for Support Service Brokerages Unless the context indicates otherwise, the following definitions and the definitions in OAR 411-317-0000 apply to the rules in OAR chapter 411, division 340: (1) "Brokerage" means an entity or distinct operatin…

411-340-0040 Abuse Reporting (1) ABUSE PROHIBITED. Abuse of an individual is prohibited. An employee, staff, or volunteer of a brokerage shall not condone or tolerate abuse. (2) POLICIES AND PROCEDURES. A brokerage must have in place appropriate and adequate disciplinary policies…

411-340-0050 Inspections and Investigations (1) A brokerage 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) Worke…

411-340-0060 Complaints, Notification of Planned Action, and Hearings (1) COMPLAINTS. (a) Complaints must be addressed in accordance with OAR 411-318-0015. (b) The Brokerages must have and implement written policies and procedures for individual complaints in accordance with OAR …

411-340-0070 Personnel Policies and Practices for Brokerages (1) A brokerage must maintain up-to-date written position descriptions for all staff as well as a personnel file for each employee, available to the Department, the Oregon Health Authority, or other appropriate authorit…

411-340-0080 Record Requirements (1) INDIVIDUAL RECORD REQUIREMENTS. The Brokerage must maintain current, up-to-date records for each individual receiving brokerage and support services and must make these records available to the Department upon request. The individual or the le…

411-340-0090 Request for Variance (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 a Brokerage: (a) If the Brokerage lacks the resources needed to implement the standards require…

411-340-0100 Eligibility for Brokerage and Support Services (1) NON-DISCRIMINATION. An individual may not be denied brokerage and support services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, …

411-340-0110 Standards for Entry and Exit (1) ENTRY. (a) To enter a brokerage: (A) An individual must be determined eligible for brokerage and support services as described in OAR 411-340-0100; and (B) The individual must choose to receive services from a brokerage operating in t…

411-340-0120 Brokerage and Support Services (1) A brokerage must provide or arrange for the following services as required to meet individual support needs: (a) Case management as described in OAR chapter 411, division 415; and (b) Assistance with development and expansion of com…

411-340-0150 Standards for Administration and Operations (1) POLICY OVERSIGHT GROUP. The Brokerage must develop and implement procedures for incorporating the direction, guidance, and advice of individuals and family members of individuals in the administration of the organizatio…

411-340-0190 Civil Penalties (1) COVID-19. (a) A Brokerage must implement all directives related to staffing and operation of the Brokerage to reduce the spread of the Coronavirus (COVID-19) issued through any of the following: (A) Governor’s Executive Order. (B) Written guidance…