Chapter 410 — Chapter 410

ORS 410.010 State policy for seniors and people with disabilities. (1) The Legislative Assembly finds and declares that, in keeping with the traditional concept of the inherent dignity of the individual in our democratic society, the older citizens of this state are entitled to enjoy their later years in health, honor and dignity, and citizens with disabilities are entitled to live lives of maximum freedom and independence

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ORS 410.020 Implementation of state policy. In carrying out the policies stated in ORS 410.010, the state shall

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ORS 410.030 Legislative findings on long term care options. The Legislative Assembly of the State of Oregon finds the following regarding older citizens and citizens with disabilities

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ORS 410.040 Definitions for ORS 410.040 to 410.300, 410.320 and 410.619. As used in ORS 409.010, 410.040 to 410.300, 410.320 and 410.619

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ORS 410.050 General policy. (1) The State of Oregon finds

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ORS 410.060 Policy for persons with disabilities served by department. (1) It is the policy of the State of Oregon that persons with disabilities served by the Department of Human Services shall also receive necessary services, as appropriate for their needs, from other state agencies

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ORS 410.065 Comprehensive plan for long term care system. (1) The Department of Human Services shall develop a comprehensive plan for Oregon’s long term care system for seniors and persons with physical disabilities

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ORS 410.070 Duties of Department of Human Services; elderly persons and persons with disabilities; rules. (1) The Department of Human Services shall

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ORS 410.072 Determination of annual budget levels for type B area agencies; rules. The Department of Human Services shall

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ORS 410.074 Consultation with representatives of type B area agencies on rules establishing methodology. Before adopting the rules described in ORS 410.072, the Department of Human Services shall consult with representatives of type B area agencies. [2003 c.772 §4]

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ORS 410.075 Authority of department and Oregon Health Authority to hold title to property; rules. The Department of Human Services or the Oregon Health Authority may take title to real and personal property in performing its duties under ORS 411.630, 411.708, 411.795, 416.310 and 416.350. Title shall be taken in the name of the department or the authority. The department or the authority may convey the property by deed or other appropriate conveyance under procedures adopted by rule of the department or the authority. [1993 c.249 §2; 2005 c.381 §23; 2011 c.720 §83]

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ORS 410.080 Department as single state agency for specified federal programs; authority as single state agency for Title XIX and Title XXI programs. (1) The Department of Human Services is the designated single state agency for all federal programs under ORS 409.010 and 410.040 to 410.300 except that the Oregon Health Authority is the single state agency responsible for supervising the administration of all programs funded by Title XIX or Title XXI of the Social Security Act as provided in ORS 413.032 (1)(i)

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ORS 410.090 Department to implement supportive social services for persons age 60 and older; rules. (1) The Department of Human Services is directed to develop and place in effect a program of supportive social services for persons age 60 or older

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ORS 410.100 When department to administer area agency programs. (1) In the event that a local government withdraws the designation of an area agency, or the Department of Human Services withdraws the area agency designation in accordance with the Older Americans Act, the department shall administer the services to clients previously performed by the area agency until a new area agency is designated

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ORS 410.110 [1981 c.784 §24; repealed by 2011 c.720 §228]

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ORS 410.120 Senior and Disabled Services Account. (1) There is established in the General Fund of the State Treasury an account to be known as the Senior and Disabled Services Account. All moneys in the Senior and Disabled Services Account are continuously appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the Senior and Disabled Services Account and all appropriations for the Department of Human Services shall be subject to allotment made by the Oregon Department of Administrative Services

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ORS 410.125 [2005 c.690 §7; repealed by 2008 c.18 §16]

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ORS 410.130 [1981 c.784 §26; repealed by 2001 c.900 §261]

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ORS 410.140 Records; rules. The Department of Human Services shall make and enforce rules governing the custody, use and preservation of the records, papers, files and communications by any other agency or department of government or person to which the records may be furnished. Use shall be limited to the purposes for which the records are furnished and by the provisions of the law under which they may be furnished. [1981 c.784 §27]

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ORS 410.150 Use of files; confidentiality; privileged communications. For the protection of applicants for and recipients of services, the Department of Human Services shall not disclose or use the contents of any records, files, papers or communications for purposes other than those directly connected with the administration of the laws of Oregon, and these records, files, papers and communications are considered confidential subject to the rules of the Department of Human Services, except as otherwise provided in ORS 411.320. In any judicial proceedings, except proceedings directly connected with the administration of public assistance or medical assistance laws, their contents are considered privileged communications. [1981 c.784 §28; 1997 c.581 §2; 2013 c.688 §30]

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ORS 410.160 Limitation on estate claims. Nothing in ORS 409.010 and 410.040 to 410.300 extends estate claims requirements and procedures related to certain Title XIX services under current Oregon statutes and federal regulations to other services. [1981 c.784 §36; 1993 c.116 §5; 2005 c.22 §274; 2011 c.720 §85]

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ORS 410.180 Long term care reimbursement audit manual. In carrying out the reimbursement system stated in the state policy on long term care reimbursement, the Department of Human Services shall develop, publish and make available an audit manual. The audit manual shall include clear guidelines on costs that are approved for reimbursement. [1983 c.406 §2]

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ORS 410.190 Representation of entities in contested case proceedings before department. Notwithstanding ORS 8.690, 9.160, 9.320 or 203.145 or ORS chapter 180 or other law, in any contested case proceeding before the Department of Human Services, a party that is not a natural person may be represented by an attorney or by any officer or authorized agent or employee of the party. [1987 c.428 §34b; 2015 c.7 §9]

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ORS 410.210 Area agency advisory councils; membership; duties. (1)(a) Each area agency shall have an area agency advisory council, with members appointed by the area agency board

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ORS 410.220 Use of state and local resources. Each area agency may use, with the consent of state and municipal departments and agencies, their services, equipment, facilities and personnel, and pay therefor, within the limits of its resources, as agreed between the agencies and cooperate with other public and private agencies as to the use of services, equipment and facilities. [1981 c.784 §14]

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ORS 410.230 Expenditure of local funds not required. Nothing in ORS 409.010 and 410.040 to 410.300 requires an area agency or local governmental unit to expend local funds for the purpose of maintaining or expanding services to elderly persons and persons with disabilities. [1981 c.784 §37; 1989 c.224 §77; 2005 c.22 §275; 2007 c.70 §171; 2011 c.720 §86]

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ORS 410.240 Operation of type A agencies. On and after October 1, 1981, a type A area agency shall operate in the same manner as it operated with local administrative responsibility for Title III of the Older Americans Act and Oregon Project Independence before October 1, 1981. Nothing in ORS 409.010 and 410.040 to 410.300 requires a type A area agency to become a type B area agency. [1981 c.784 §8; 2005 c.22 §276; 2011 c.720 §87]

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ORS 410.250 Duties of type A agencies. Each type A area agency shall

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ORS 410.270 Operation of type B agencies. (1) A local government shall be responsible for all actions of a type B area agency in its jurisdiction, including but not limited to the accountability for funds and compliance with federal and state laws and rules. Such responsibility shall include all geographic areas in which the type B area agency is designated to operate

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ORS 410.280 Duties of type B agencies. Each type B area agency shall

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ORS 410.290 Conditions for designation as type B agency; plan of operation. (1) Prior to the designation of an area agency as a type B area agency, the area agency, the responsible unit of local government and the Department of Human Services must jointly agree upon a plan under which the area agency will operate

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ORS 410.295 Authority of type B agency to regulate adult foster homes. (1) The Director of Human Services may delegate the following functions pertaining to regulation of adult foster homes for elderly persons and persons with disabilities to a type B area agency

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ORS 410.300 Transfer of state employees to type B agency; conditions. (1) A type B area agency may contract with the Department of Human Services for services of state employees or have such employees transferred to employment by the area agency by transfer agreement

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ORS 410.320 Governor’s Commission on Senior Services; LGBTQIA2S+ subcommittee. (1)(a) The Governor’s Commission on Senior Services is created. The commission shall consist of at least 21 members appointed by the Governor for terms of three years

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ORS 410.330 Legislator members; expenses. (1) In addition to the members of the Governor’s Commission on Senior Services appointed under ORS 410.320, the President of the Senate shall appoint one member from the Senate and the Speaker of the House of Representatives shall appoint one member from the House of Representatives. If the Speaker of the House of Representatives or the President of the Senate is a member, either may designate from time to time an alternate from among the members of the appropriate house to exercise powers as a member of the commission except that the alternate shall not preside if the Speaker or President is chairperson

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ORS 410.340 Appointments to fill vacancies. In case of a vacancy on the Governor’s Commission on Senior Services, the appointing authority shall appoint a successor for the remainder of the unexpired term. [Formerly 184.910; 1983 c.740 §132]

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ORS 410.410 Definitions for ORS 410.410 to 410.480. As used in ORS 410.410 to 410.480

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ORS 410.420 Use of funds for specified services. (1) Funds appropriated for Oregon Project Independence shall be expended for home care supportive services including in-home or community-based services that assist an individual in achieving the greatest degree of independent functioning in the individual’s home

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ORS 410.422 Oregon Project Independence Fund. (1) The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project Independence Fund shall be credited to the Oregon Project Independence Fund. Moneys in the Oregon Project Independence Fund at the end of a biennium are retained in the Oregon Project Independence Fund and do not revert to the General Fund

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ORS 410.425 Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders. Except as provided in ORS 410.422, the funds available for purposes of ORS 410.410 to 410.480 shall be kept in separate accounts in the General Fund. One account shall be used for funds appropriated for persons otherwise eligible who are 60 years of age or older. The other account shall be used for funds appropriated for persons otherwise eligible who have Alzheimer’s disease or a related disorder. [1987 c.692 §3; 2005 c.749 §2]

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ORS 410.430 Eligibility for authorized services. (1) In order to qualify for authorized services from an authorized agency or service provider, each client must

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ORS 410.435 Expansion of Oregon Project Independence; rules. (1) Notwithstanding ORS 410.430 and subject to the conditions described in subsection (2) of this section, the Department of Human Services shall adopt rules expanding the eligibility requirements of Oregon Project Independence to cover persons 19 years of age or older with physical disabilities

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ORS 410.440 Priorities for services. (1) Eligible clients shall receive authorized services on a priority basis, with highest priorities receiving services first

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ORS 410.450 Determinations of eligibility; rules. (1) Eligibility determinations and determinations of services for Oregon Project Independence shall be made in accordance with rules of the Department of Human Services

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ORS 410.460 Computation of allowable costs. Allowable costs by authorized agencies are those associated with the direct provision of services to clients and such administrative costs as may be required to assure adequate services and to provide information to the Department of Human Services. [1981 c.186 §6; 1983 c.740 §136]

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ORS 410.470 Fees; collection; records; use. (1) The Department of Human Services shall establish fees for authorized services after consultation with authorized agencies. The fees may differ for different areas and for different income levels

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ORS 410.480 Required record keeping; audit. (1) Each authorized agency and service provider shall maintain books, records, documents and accounting procedures which reflect costs and such other activities as the Department of Human Services may require. The books, records and documents shall be made available to the department upon request

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ORS 410.485 Legislative findings. The Legislative Assembly finds that there is a need for the Department of Human Services to promote the availability of adult day care services and that flexibility in the combination of adult day care with other community-based services gives individuals who would otherwise be placed in restrictive care settings a greater variety of choices. [1991 c.787 §1]

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ORS 410.490 Duties of department; rules. (1) To provide greater flexibility and availability of services, the Department of Human Services shall apply for waiver of federal statutory and regulatory requirements to make adult day care services available under ORS chapter 414

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ORS 410.495 Registry for adult day care programs in state; rules. (1) The Department of Human Services shall develop a registry of all adult day care programs in Oregon

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