Title 34, Human Services; Juvenile Code; Corrections

(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 w…

In carrying out the policies stated in ORS 410.010, the state shall: (1) Coordinate the effective and efficient provision of community services to older citizens and citizens with disabilities so that the services will be readily available to the greatest number over the widest g…

The Legislative Assembly of the State of Oregon finds the following regarding older citizens and citizens with disabilities: (1) That there are many older Oregonians and Oregonians with disabilities who face difficulties in maintaining self-care and independent living within the …

As used in ORS 409.010, 410.040 to 410.300, 410.320 and 410.619: (1) “Appropriate living arrangement” means any arrangement for an elderly person or a person with a disability in a residential setting which is appropriate for the person considering, in order of priority, the foll…

(1) The State of Oregon finds: (a) That the needs of the elderly population can be best served and planned for at the local community level; (b) That a longer life expectancy and a growing elderly population demands services be provided in a coordinated manner and a single local …

(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. (2) In carrying out the provisions in subsection (1) of this sec…

(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. (2) In developing the comprehensive plan, the department shall work with stakeholders, advocates for seniors and advocate…

(1) The Department of Human Services shall: (a) Serve as the central state agency with primary responsibility for the planning, coordination, development and evaluation of policy, programs and services for elderly persons and persons with disabilities in Oregon. (b) Function as t…

The Department of Human Services shall: (1) Adopt by rule a methodology for determining biennial budget levels for type B area agencies for planning and administering programs for elderly persons and persons with disabilities that: (a) Includes both direct and indirect costs; and…

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] Note: 410.074 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 410 o…

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 t…

(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…

(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. (2) The Department of Human Services is authorized to develop and adopt such rules as necessary for the sound, efficient and econom…

(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…

(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 fo…

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 …

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,…

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]

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 reimburs…

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 o…

(1)(a) Each area agency shall have an area agency advisory council, with members appointed by the area agency board. (b) For a type A area agency, membership of the council shall include consumers of services provided primarily to elderly persons under Department of Human Service…

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 agenci…

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…

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 410.3…

Each type A area agency shall: (1) Conduct local planning functions for Title III of the Older Americans Act and Oregon Project Independence. (2) Develop a local plan for service delivery that complies with federal and state requirements and is in accord with locally determined o…

(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…

Each type B area agency shall: (1) Comply with the provisions of ORS 410.250 (1) and (3) to (10). (2) Conduct local planning functions for Title XIX of the Social Security Act. (3) Develop a local plan for service delivery subject to review and approval by the Department of Human…

(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. (2) The plan described in subsection (1)…

(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: (a) Conducting inspections and issuing and renewing licenses under ORS 443.735; (b) In…

(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. (2) State employees whose services have been contracted to a type B area agency s…

(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. (b) Prior to making appointments, the Governor shall request and consider recommendations from the area agencies…

(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 Representati…

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] OREGON PROJECT INDEPENDENCE

As used in ORS 410.410 to 410.480: (1) “Authorized agency” means any organization designated by the Department of Human Services as an area agency on aging. (2) “Authorized service” means any service described in ORS 410.420 (1) and designated by the department by rule to be elig…

(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. (2) Funds appro…

(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…

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 accoun…

(1) In order to qualify for authorized services from an authorized agency or service provider, each client must: (a) Be 60 years of age or older or have been diagnosed as having Alzheimer’s disease or a related disorder; (b) Not be receiving financial assistance from the Departme…

(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 physi…

(1) Eligible clients shall receive authorized services on a priority basis, with highest priorities receiving services first. (2) Priority for receipt of authorized services shall be: (a) Clients already receiving authorized service as long as their condition indicates services a…

(1) Eligibility determinations and determinations of services for Oregon Project Independence shall be made in accordance with rules of the Department of Human Services. (2) Eligibility for authorized services shall be based on each client’s financial, physical, functional, medic…

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 §13…

(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. (2) Fees established under subsection (1) of this section shall be charged to al…

(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 depart…

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 p…

(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. (2) The Department of Human Services shall ad…

(1) The Department of Human Services shall develop a registry of all adult day care programs in Oregon. (2) The department shall adopt rules, to be followed voluntarily, substantially consistent with standards established by the Oregon Association of Adult Day Care Services regar…

As used in ORS 410.505 to 410.545: (1) “Admission assessment” means a professional program that provides an assessment of the long term care needs of persons applying for or considering admission to an intermediate care facility or who have remained in a skilled nursing facility …

For reasons stated in ORS 410.030 (2), the Department of Human Services shall establish a procedure for assessment of the long term care needs of each person making application for admission to an intermediate care facility and for each person who remains in a skilled nursing fac…

(1) Prior to admission to an adult foster home, as defined in ORS 443.705, a residential care facility, as defined in ORS 443.400, an assisted living facility or a nursing facility that is not Medicaid certified, the person seeking admission shall be advised by the facility of th…