Oregon Administrative Code

411-415-0110 Case Management Record Requirements (1) In order to meet Department and federal record documentation requirements, a CME through the employees of the CME, must maintain a service record for each individual who receives services from the CME. An individual's service r…

411-415-0120 Reimbursement for Case Management Services A CME is reimbursed for case management activities. Reimbursement may only be made when: (1) The claim for reimbursement is for a service provided to an individual determined eligible for case management services. (2) The pe…

411-425-0005 Statement of Purpose (1) The rules in OAR chapter 411, division 425 prescribe standards, responsibilities, and procedures for conducting an Oregon Needs Assessment (ONA). (2) The purpose of conducting an ONA is to assist the Department in addressing the following: (a…

411-425-0015 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 425. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-425-0025 Policies and Procedures (1) Each CME must have adequate policies and procedures to assure adherence to these rules no later than June 30, 2019. (2) CONFLICTS OF INTEREST. A CME must assure that an ONA is free from conflicts of interest to the greatest extent possible…

411-425-0035 Qualifications and Training (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) …

411-425-0045 Quality Assurance 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, 427.1…

411-425-0055 Oregon Needs Assessment (ONA) (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…

411-435-0010 Statement of Purpose (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 s…

411-435-0020 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 435. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-435-0030 General Eligibility for Ancillary Services (1) An individual may not be denied ancillary services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, sou…

411-435-0040 Conditions of Purchase (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-effect…

411-435-0050 Developmental Disabilities - Community First Choice Ancillary Services (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 descri…

411-435-0060 Developmental Disabilities - Waiver Ancillary Services (1) The following ancillary services are available through a 1915(c) waiver, as defined in OAR 411-317-0000: (a) Environmental safety modifications as described in section (3) of this rule. (b) Family training as…

411-435-0070 Developmental Disabilities - Other Waiver Ancillary Services for Children in CIIS INDIVIDUAL-DIRECTED GOODS AND SERVICES. Individual-directed goods and services are available through the Medically Involved Children's Waiver, Medically Fragile (Hospital) Model Waiver,…

411-435-0080 Ancillary Service Provider Requirements (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…

411-440-0010 Statement of Purpose for the Children's Extraordinary Needs (CEN) Program (1) The rules in OAR chapter 411, division 440 establish standards, responsibilities, and procedures for the Children’s Extraordinary Needs (CEN) Program to ensure eligible children enrolled in…

411-440-0020 Definitions and Acronyms for the Children's Extraordinary Needs (CEN) Program 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 …

411-440-0030 General Eligibility and Exits for the Children's Extraordinary Needs (CEN) Program (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 stat…

411-440-0040 Qualifications for Parent Providers in the Children's Extraordinary Needs (CEN) Program (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 …

411-440-0050 Service Requirements, Limitations, and Exclusions for the Children's Extraordinary Needs (CEN) Program (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 a…

411-440-0060 Training Requirements for the Children's Extraordinary Needs (CEN) Program (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 …

411-440-0070 Initial Enrollments for the Children's Extraordinary Needs (CEN) Program (1) The Department has identified all children who have very high behavioral or very high medical needs, or who are on the waitlist for the Medically Fragile Model Waiver or the Medically Involv…

411-440-0080 Ongoing Enrollments for the Children's Extraordinary Needs (CEN) Program (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 ma…

411-440-0090 Complaints about the Children's Extraordinary Needs (CEN) Program (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 com…

411-450-0010 Statement of Purpose (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…

411-450-0020 Definitions and Acronyms for Community Living Supports 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 450. If a word or term is defined differently …

411-450-0030 Eligibility for Community Living Supports (1) An individual may not be denied community living supports or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disabilit…

411-450-0040 Community Living Supports Entry and Exit (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 a…

411-450-0050 Minimum Standards for Community Living Supports (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 Departmen…

411-450-0060 Community Living Supports (1) Department funds may be used to purchase the following community living supports when included in an authorized Individual Support Plan (ISP): (a) Community living supports available through the Community First Choice (K Plan): (A) Atten…

411-450-0065 Exceptions for Community Living Supports (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 Departme…

411-450-0070 Community Living Support Providers and Provider Requirements Delivery of community living supports is limited to the following provider types: (1) A personal support worker (PSW) who meets the standards described in OAR chapter 411, division 375. (a) A PSW is not an …

411-450-0080 Minimum Standards for Provider Agencies Delivering Community Living Supports (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 endor…

411-450-0090 Standard Model Agency Requirements (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 provid…

411-450-0095 Employer Model Agency Standards (1) For a provider agency to be endorsed to delivery community living supports as an employer model agency, the provider agency must meet the additional requirements in this rule. The requirements of this rule do not apply to a provide…

411-450-0100 Variances (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 righ…

411-455-0000 Statement of Purpose (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 Disabil…

411-455-0010 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 455. If a word or term is defined differently in OAR 411-317-0000, the definition in this…

411-455-0020 Eligibility (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 re…

411-455-0030 Needs Assessment, Service Authorization, and Monitoring (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…

411-455-0040 Exceptions (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…

411-455-0050 Services (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 assistanc…

411-455-0060 Standards for Providers (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 …

413-001-0000 Notice of Rulemaking See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in chapter 413. Statutory/Other Authority: ORS 183.341, 409.050 & 418.005 Statutes/Other Implemented: ORS 183.330, 183.335, 183.341 & 409.…

413-002-0000 Minimum Qualifications For Persons Conducting Investigation or Making Determination Regarding a Child 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 det…

413-005-0050 Child Welfare COVID-19 and Emergency Response (1) The Department amends the following administrative rules as follows: (a) OAR 413-040-0000 (23), when authorized by the Child Welfare Director, “face-to-face” means an in-person interaction between individuals that may…

413-010-0000 Definitions Unless the context indicates otherwise, the following definitions apply to OAR chapter 413, division 10. (1) "Adoption assistance" means assistance provided on behalf of an eligible child or young adult to offset the costs associated with adopting and mee…

413-010-0010 Purpose The purpose of OAR 413-010-0010 to 413-010-0075 is to describe circumstances in which the Department may and may not disclose client information without a court order. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 409.225, 419A.170 & …

413-010-0030 Protection of Information In the interest of family privacy and to protect children, families, and other recipients of services, except as provided by Oregon statutes and these rules (OAR 413-010-0010 to 413-010-0075): (1) Client information is confidential. (2) Clie…