Title 34, Human Services; Juvenile Code; Corrections

The Director of Human Services shall establish the Oregon Lifespan Respite Care Program to develop and encourage statewide coordination of respite care and to work with community-based private nonprofit, for-profit or public agencies and interested citizen groups in the establish…

(1) The Department of Human Services through the Oregon Lifespan Respite Care Program shall coordinate the establishment of community lifespan respite care programs. The program shall accept proposals to operate community lifespan respite care programs, submitted in the form and …

Each community lifespan respite care program established pursuant to ORS 409.458 shall: (1) Involve key local individuals and agencies in the community lifespan respite care program planning process. (2) Create an advisory committee to advise the community lifespan respite care p…

Respite care services made available through the Oregon Lifespan Respite Care Program shall: (1) Include a flexible array of respite care options responsive to family and caregiver needs and available before families and caregivers are in a crisis situation; (2) Be sensitive to t…

The Department of Human Services shall adopt all rules necessary for the operation and administration of the Oregon Lifespan Respite Care Program, including but not limited to: (1) Establishing criteria, procedures and timelines for designation of the community-based private nonp…

The Oregon Lifespan Respite Care Program may use the funds appropriated to the program for the following purposes: (1) The purposes established in ORS 409.458 and 409.462; (2) Costs related to ongoing provider recruitment and training, information and referral, outreach and other…

It is the goal of the Legislative Assembly to provide programs to make child care services more affordable, to improve the quality of services offered and to increase the number of child care providers. Programs should be tailored to the needs of local communities and should incl…

(1) The Department of Human Services shall adopt by rule a grant program to provide funding for the purposes described in subsections (2) and (3) of this section to culturally specific and responsive organizations, tribal governments and under-resourced rural community service or…

(1) As used in this section: (a) “Adult foster home” has the meaning given that term in ORS 443.705 (1). (b) “Health care facility” has the meaning given that term in ORS 442.015. (c) “Residential facility” has the meaning given that term in ORS 443.400. (2) Every adult foster ho…

(1) Notwithstanding any other provision of law, the Department of Human Services shall disclose to the general public the name and the dates of birth and death of a person whose cremated or reduced remains are in the possession of the department for the purpose of: (a) Giving a f…

Notwithstanding ORS 411.760, liquidated and delinquent debts owed to the Department of Human Services may be set off against amounts owed by the department to the debtors. [2007 c.446 §1; 2009 c.595 §260]

The State of Oregon desires to assist and enable the poor to achieve maximum feasible economic self-sufficiency. It shall be a state goal to eliminate or alleviate the causes and conditions of poverty in Oregon. The state shall assist service providers, including community-based …

(1) As used in this section: (a) “Resilience Hub” means a physical facility that is operated, managed or supported by one or more local residents, local governments, tribal governments, public schools, community-based organizations, faith-based organizations, nonprofit organizati…

As used in ORS 409.800 to 409.816 and 409.900: (1) “Assessment rate” means the rate established by the Director of Human Services under ORS 409.802. (2) “Assessment year” means a 12-month period, beginning July 1 and ending the following June 30, for which the assessment rate bei…

(1) A long term care facility assessment is imposed on each long term care facility in this state. (2) The amount of the assessment equals the assessment rate times the number of patient days, including Medicaid patient days, at the long term care facility for a calendar quarter.…

(1) On or before June 15 of each year, the Director of Human Services shall establish an assessment rate for long term care facilities that are not exempt for the assessment year from the assessment imposed under ORS 409.801. The assessment rate shall apply prospectively to the a…

The Oregon Veterans’ Home is exempt from the assessment imposed under ORS 409.801. [2003 c.736 §18; 2003 c.736 §34; 2005 c.757 §7; 2007 c.780 §10; 2013 c.608 §18] Note: 409.803 is repealed January 2, 2034, and applies to long term care facility assessments imposed before June 30,…

Notwithstanding any other provision of law, an assessment under ORS 409.800 to 409.816 and 409.900 may be imposed only in a calendar quarter for which the long term care facility reimbursement rate that is part of the Oregon Medicaid reimbursement system was calculated according …

(1) Each long term care facility subject to assessment under ORS 409.801 shall maintain records sufficient to determine the amount of the assessment under ORS 409.801. (2) Unless otherwise exempt, a long term care facility shall report the payment of the assessment as an allowabl…

(1) A long term care facility that has paid an amount that is not required under ORS 409.800 to 409.816 and 409.900 may file a claim for refund with the Department of Human Services. (2) Any long term care facility aggrieved by an action of the Department of Human Services or by …

(1) The Long Term Care Facility Quality Assurance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Long Term Care Facility Quality Assurance Fund shall be credited to the fund. (2) Amounts in the Long Term Care Facilit…

Amounts collected by the Department of Human Services from the assessment under ORS 409.801 shall be deposited in the Long Term Care Facility Quality Assurance Fund established under ORS 409.815. [2003 c.736 §22; 2005 c.757 §10] Note: 409.816 is repealed January 2, 2034, and appl…

(1) A long term care facility that fails to file a report or pay an assessment under ORS 409.801 by the date the report or payment is due shall be subject to a penalty of $500 per day of delinquency. (2) Penalties imposed under this section shall be collected by the Department of…

(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…