2007 Oregon Code - Chapter 410 :: Chapter 410 - Senior and Disability Services
Chapter 410
Senior and Disability Services
2007 EDITION
SENIOR AND DISABILITY SERVICES
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
SERVICES FOR SENIORS AND PEOPLE WITH
DISABILITIES
(Generally)
410.010 State
policy for seniors and people with disabilities
410.020 Implementation
of state policy
410.030 Legislative
findings on long term care options
410.040 Definitions
for ORS 410.040 to 410.320
410.050 General
policy
410.060 Policy
for persons with disabilities served by department
(State Administration)
410.070 Duties
of Department of Human Services; elderly persons and persons with disabilities;
rules
410.072 Determination
of annual budget levels for type B area agencies; rules
410.074 Consultation
with representatives of type B area agencies on rules establishing methodology
410.075 Authority
of department to hold title to property; rules
410.080 Department
as single state agency for federal programs
410.090 Department
to implement supportive social services for persons age 60 and older; rules
410.100 When
department to administer area agency programs
410.110 Revolving
fund
410.120 Senior
and Disabled Services Account
410.125 Residential
Care Facility Licensing Moratorium Fee Subaccount
410.140 Records;
rules
410.150 Use
of files; confidentiality; privileged communications
410.160 Limitation
on estate claims
410.180 Long
term care reimbursement audit manual
410.190 Representation
of corporation in contested case proceedings before department
(Area Agencies)
410.210 Area
agency advisory councils; membership; duties
410.220 Use
of state and local resources
410.230 Expenditure
of local funds not required
(Type A Agencies)
410.240 Operation
of type A agencies
410.250 Duties
of type A agencies
(Type B Agencies)
410.270 Operation
of type B agencies
410.280 Duties
of type B agencies
410.290 Conditions
to designation as type B agency; plan of operation
410.295 Authority
of type B agency to regulate adult foster homes
410.300 Transfer
of state employees to type B agency; conditions
GOVERNORS COMMISSION ON SENIOR SERVICES
410.320 Governors
Commission on Senior Services
410.330 Legislator
members; expenses
410.340 Appointments
to fill vacancies
410.410 Definitions
for ORS 410.410 to 410.480
410.420 Use
of funds; rules
410.422
410.425 Separate
accounts for persons age 60 and over and for persons with Alzheimers disease
or related disorders
410.430 Eligibility
for services under ORS 410.410 to 410.480
410.435 Expansion
of Oregon Project Independence; rules
410.440 Priorities
for services
410.450 Determinations
of eligibility; rules
410.460 Computation
of allowable costs
410.470 Fees;
collection; records; use
410.480 Required
record keeping; audit
ADULT DAY CARE SERVICE
410.485 Legislative
findings
410.490 Duties
of department; rules
410.495 Registry
for adult day care programs in state; rules
LONG TERM CARE
(Assessment of Needs)
410.505 Definitions
for ORS 410.505 to 410.545
410.510 Establishment
of procedure for assessment
410.515 Notice
of availability of admission assessment services; disclosure form; department
to provide services; maximum fees
410.520 When
assessment to occur; exceptions
410.525 Disclosure
of fees; waiver of assessment; additional assessment services
410.530 Department
authority; delegation; advisory committee; rules
410.535 Rules
410.540 Compliance
as condition for licensure
410.545 Implementation
of ORS 410.505 to 410.545 requires federal funding
(Advisory Council)
410.550 Medicaid
Long Term Care Quality and Reimbursement Advisory Council; membership; duties
410.555 Submission
of changes to Medicaid reimbursement system to council; advisory
recommendation; approval; report; budget review; rules
HOME CARE COMMISSION
410.600 Definitions
for ORS 410.600 to 410.625
410.602 Home
Care Commission; membership; rules
410.604 Duties
of commission; executive director
410.606 Referral
of qualified individuals on commission registry
410.608 Selection
of home care worker; right to terminate employment; eligibility determination
made by Department of Human Services
410.612 Collective
bargaining
410.614 Rights
of home care workers
410.625 Authority
of commission; budget
STATE POLICY ON PERSONS WITH DISABILITIES
410.710 State
policy on persons with disabilities
410.715 Person
suffering brain injury to be considered person with disability
410.720 Mental
health and addiction services for senior citizens and persons with disabilities
TRUST FUNDS FOR PERSONS WITH DISABILITIES
410.730 Self-Sufficiency
Trust Fund; rules
410.732 Disabilities
Trust Fund; rules
PROGRAM TO SERVE NEEDS OF PERSONS WHO ARE
DEAF OR HARD OF HEARING
410.740 Oregon
Deaf and Hard-of-Hearing Services Program; advisory committee
MISCELLANEOUS
410.851 Policy
on patient-based reimbursement system for long term care facilities; rules
PENALTIES
410.890 Civil
penalty
SERVICES FOR SENIORS AND PEOPLE WITH
DISABILITIES
(Generally)
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.
(2) The Legislative Assembly declares that
the policy of this state is to provide and encourage programs necessary to
fulfill the commitment stated in subsection (1) of this section and that the
purpose of policies stated in this section and ORS 410.020 is to provide a
guide for the establishment and implementation of programs for older citizens
and citizens with disabilities in this state. It further declares that the programs
shall be initiated, promoted and developed through:
(a) Volunteers and volunteer groups;
(b) Partnership with local governmental
agencies;
(c) Coordinated efforts of state agencies;
(d) Coordination and cooperation with
federal programs;
(e) Partnership with private health and
social service agencies;
(f) A designated state agency that will
encourage and work with older citizens and their organizations, that will
coordinate state and local programs, that will encourage and monitor federal
programs and that will act as an advocate for older Oregon citizens; and
(g) A designated state agency that will
encourage and work with citizens with disabilities and their organizations,
that will coordinate state and local programs, that will encourage and monitor
federal programs and that will act as an advocate for
(3) The Legislative Assembly declares that
it shall be the policy of this state to give special attention to the special
concerns of our most frail and vulnerable older citizens. Furthermore, it shall
be the policy of this state to support strongly the full development and
participation of citizens with disabilities in all aspects of social, political
and community life.
(4) Recognizing the diversity in geography,
economy and life styles in Oregon and the diversity of local senior citizen
networks, the Legislative Assembly declares that it is the policy of this state
to avoid complete uniformity in planning and administering programs for older
citizens and to encourage and emphasize local control to achieve the most
effective blend of state and local authority, not precluding the ability of the
state to perform its mandated responsibilities for planning and administration.
Multipurpose senior centers may be considered as focal points for the delivery
of services to older citizens in each community where practicable. Disability
services should also be consolidated where possible to provide efficient and
convenient delivery of services to citizens with disabilities. [1981 c.191 §1;
1985 c.180 §1; 1989 c.224 §70; 2007 c.70 §163]
410.020
Implementation of state policy.
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 geographic area; assure that information on these
services is available in each locality, utilizing whenever possible existing
information services; and assure that each new service receives maximum
publicity at the time it is initiated.
(2) Assure that older citizens and
citizens with disabilities retain the right of free choice in planning and
managing their lives; by increasing the number of options in life styles
available to older citizens and citizens with disabilities; by aiding older
citizens and citizens with disabilities to help themselves; by strengthening
the natural support system of family, friends and neighbors to further
self-care and independent living; by assuring that older citizens and citizens
with disabilities are able to make informed choices regarding the delivery of
in-home care services by providing information about their responsibilities as
employers of in-home care providers or, alternatively, about the
responsibilities of an in-home care agency to provide services; and by
encouraging all programs that seek to maximize self-care and independent living
within the mainstream of life.
(3) Assure that health and social services
be available that:
(a) Allow the older citizen and citizen
with a disability to live independently at home or with others as long as the
citizen desires without requiring inappropriate or premature
institutionalization.
(b) Encourage, by expansion of existing
programs for older citizens and citizens with disabilities, by school programs,
by meals-on-wheels, by counseling or by other means, public and private
development of nutrition programs for older citizens and citizens with disabilities
that prevent or minimize illness or social isolation.
(c) Assure that if institutionalization is
necessary, the institution should be of the highest quality where the older
citizen and citizen with a disability may live in dignity.
(d) Protect the older citizen and citizen
with a disability from physical and mental abuse and from fraudulent practices.
(4) Foster both preventive and primary
health care, including mental and physical health care, to keep older citizens
and citizens with disabilities active and contributing members of society; and
encourage full restorative services for those older citizens and citizens with
disabilities who require institutional care to increase the possibility of
their return to independent living.
(5) Encourage public and private
development of suitable housing for older citizens and citizens with
disabilities, designed and located consistent with their special needs and
available at costs they can afford.
(6) In implementing subsections (1) to (5)
of this section, develop and seek support for plans to assure access to
information, counseling and screening, as appropriate, by persons potentially
in need of long term care without regard to the persons income.
(7) Recognize the necessity for a variety
of ways to help older citizens and citizens with disabilities maintain
sufficient income to meet their needs.
(8) Encourage local transportation systems
and volunteer groups to meet the daily transportation needs of older citizens
and citizens with disabilities and to make accessible to them a broad range of
services and programs, including social, health and religious services and
programs.
(9) Encourage and develop meaningful
employment opportunities for older citizens and citizens with disabilities in
positions commensurate with their abilities; eliminate discrimination to such
employment; and whenever possible, employ older citizens in programs that
affect older citizens and citizens with disabilities in programs that affect
citizens with disabilities.
(10) Involve older citizens and citizens
with disabilities in the decision-making process for programs affecting their
lives. Recognizing the ability of older citizens and citizens with disabilities
to be advisors to the Legislative Assembly, agencies and professional staff,
the Legislative Assembly intends that whenever possible older citizens and
citizens with disabilities should assist in the development of policies
affecting their lives.
(11) Assure to older citizens and citizens
with disabilities the right to pursue activities within the widest range of
civic, cultural, entertainment and recreational opportunities by opening such
opportunities to participation by older citizens and citizens with
disabilities, by encouraging older citizens and citizens with disabilities to
utilize their capabilities by participating in government and by assuring them
the right to serve.
(12) Make public educational facilities
available to older citizens and citizens with disabilities and their
organizations so older citizens and citizens with disabilities may pursue their
educational interests; and encourage all institutions of learning and other
appropriate agencies to develop and provide by outreach as well as by
traditional means special education programs to meet the needs and interests of
older citizens by addressing the problems and opportunities of aging and by
responding to older citizens interests in liberal arts as well as their
interests in hobby and recreation courses.
(13) Encourage the development of
barrier-free construction and the removal of architectural barriers so that
more facilities are accessible to older citizens and citizens with
disabilities.
(14) Promote development of programs to
educate persons who work with older citizens in gerontology and geriatrics and
encourage qualified persons to seek such education.
(15) Encourage immediate application by
both public and private agencies of knowledge acquired from research that can
sustain and improve the health and happiness of older citizens and citizens with
disabilities.
(16) Recognize that older citizens who
retire should be able to do so in honor and dignity.
(17) Encourage and support:
(a) Distribution of literature which
accurately presents facts concerning aging and disabilities of citizens.
(b) Efforts of schools, churches and other
institutions, in teaching children and youth about the process of aging and
disabilities of citizens so as to correct fallacies handed down from one
generation to another.
(c) Intergenerational programming and
participation by community organizations and institutions to promote better
understanding and warm social interaction and to counteract the tendency to
isolation of individuals who are elderly or who have disabilities.
(d) Correction of stereotyping of individuals
who are elderly or who have disabilities in school texts and other books,
newspapers, magazines, radio and television by encouraging review and analysis
of these media by publishers, company ownership or other appropriate agencies.
(e) Efforts which show that many
misconceptions and stereotypes have no basis in fact so older citizens and
citizens with disabilities will be freed from the destructive tendency to
socially conform by embracing these fallacies. [1981 c.191 §2; 1983 c.312 §2;
1985 c.180 §2; 1989 c.224 §71; 2007 c.70 §164; 2007 c.416 §1]
410.030
Legislative findings on long term care options. The Legislative Assembly of the State of
(1) That there are many older Oregonians
and Oregonians with disabilities who face difficulties in maintaining self-care
and independent living within the mainstream of life, and who have not yet
exhausted their financial resources. These persons are often dependent upon
providers of care for advice regarding 24-hour care. These persons and
providers are not always aware of options to, or within, such care;
(2) That inappropriate or premature
institutionalization of persons who have not exhausted their financial
resources often leads to exhaustion of those resources, and to the expectation
by these persons and providers that continued financing of inappropriate
institutional care shall be available under Title XIX. However, under these
circumstances, transfer of the person to appropriate, less costly
noninstitutional or alternative institutional care, if available, is necessary
in order that limited public funds can be utilized to provide appropriate care
to as many persons in need as possible; and
(3) That to minimize the need for such
disruptive transfers, it is in the interest of older Oregonians and Oregonians
with disabilities and of providers of care that the Department of Human
Services, or any designated state agency, develop plans for assuring access to
information, counseling and screening, as appropriate, by persons potentially
in need of long term care without regard to the persons income. [1983 c.312 §1;
1985 c.180 §3; 1989 c.224 §72; 2007 c.70 §165]
410.040
Definitions for ORS 410.040 to 410.320. As used in ORS 409.010, 410.040 to 410.320, 411.590 and 441.630:
(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 following criteria:
(a) The desires and goals of the person;
(b) The right of the person to live as
independently as possible, in the least restrictive environment; and
(c) The cost of the living arrangement
compared to other types of living arrangements, based on the criteria in
paragraphs (a) and (b) of this subsection.
(2) Area agency means:
(a) An established or proposed type A or
type B Area Agency on Aging within a planning and service area designated under
Section 305 of the Older Americans Act; or
(b) Any public or nonprofit private agency
which is designated as a type A or type B Area Agency on Aging under Section
305 of the Older Americans Act.
(3) Area agency board means the local
policy-making board which directs the actions of the area agency within state
and federal laws and regulations.
(4) Department means the Department of
Human Services.
(5) Elderly person means a person who is
served by a type A area agency or type B area agency or by the department and
who is 60 years of age or older.
(6) Local government means a political
subdivision of the state whose authority is general or a combination of units
of general purpose local governments.
(7) Person with a disability means a
person with a physical or mental disability:
(a) Who is eligible for Supplemental
Security Income or for general assistance; and
(b) Who meets one of the following
criteria:
(A) Has mental retardation or a
developmental disability or is mentally or emotionally disturbed, and resides
in or needs placement in a residential program administered by the department.
(B) Is an alcohol or drug abuser and
resides in or needs placement in a residential program administered by the
department.
(C) Has a physical or mental disability
other than those described in subparagraphs (A) and (B) of this paragraph.
(8) Preadmission screening means a
professional program within the department or type B area agencies, with staff
that includes registered nurses and social workers, that assesses the needs of
clients and recommends appropriate placements in residential programs
administered by the department or type B area agencies.
(9) Protective services means a service
to be provided by the department directly or through type B area agencies, in
response to the need for protection from harm or neglect to elderly persons and
persons with disabilities.
(10) Title XIX means long term care and
health services programs in Title XIX of the Social Security Act available to
elderly persons and persons with disabilities.
(11) Type A area agency means an area
agency:
(a) For which either the local government
or the area agency board does not agree to accept local administrative
responsibility for Title XIX; and
(b) That provides a service to elderly
persons.
(12) Type B area agency means an area
agency:
(a) For which the local government agrees
to accept local administrative responsibility for Title XIX;
(b) That provides a service to elderly
persons or to elderly persons and persons with disabilities who require services
similar to those required by elderly persons; and
(c) That uses the term disabled services
or disability services in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this subsection. [1981
c.784 §1; 1985 c.180 §4; 1989 c.224 §73; 1993 c.116 §2; 2001 c.900 §75; 2007
c.70 §166]
410.050
General policy. (1) The
State of
(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 agency system for such services be instituted;
(c) That local resources and volunteer
help will augment state funds and needed personnel;
(d) That local flexibility in providing
services should be encouraged; and
(e) That a single state agency should
regulate and provide leadership to ensure that the elderly citizens of Oregon
will receive the necessary care and services at the least cost and in the least
confining situation.
(2) The State of Oregon further finds that
within budgetary constraints, it is appropriate that savings in nursing home
services allocations within a planning and service area be reallocated to
alternative care services under Title XIX and Oregon Project Independence in
that area. [1981 c.784 §2; 1993 c.116 §3; 2005 c.22 §272]
410.060
Policy for persons with disabilities served by department. (1) It is the policy of the State of
(2) In carrying out the provisions in
subsection (1) of this section, the Department of Human Services shall
negotiate interagency agreements and coordinate services with the Employment
Department and the Department of Education for the provision of appropriate
services to clients of the Department of Human Services who have disabilities.
(3)(a) Prior to approval of an appropriate
living arrangement, as defined in ORS 410.040, administered by the Department
of Human Services, all persons with disabilities shall be assessed by
preadmission screening to ensure the appropriateness of the living arrangement.
(b) If a person with a disability is
diagnosed as, or is reasonably believed to be, a person with mental retardation
or a developmental disability, preadmission screening shall include an
assessment by the Developmental Disability Diagnosis and Evaluation Service
established under ORS 427.104.
(4) The Department of Human Services in
coordination with the Department of Education shall work with nursing homes
that have one or more residents under 18 years of age to develop a program
appropriate to the needs of those residents. [1981 c.784 §4; 1985 c.180 §5;
1989 c.224 §74; 2001 c.900 §76; 2007 c.70 §167]
(State
Administration)
410.070
Duties of Department of Human Services; elderly persons and persons with
disabilities; rules. (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
(b) Function as the designated state unit
on aging, as defined in the Older Americans Act of 1965.
(c) With the advice of the Governors
Commission on Senior Services and the Oregon Disabilities Commission, develop
long-range state plans for programs, services and activities for elderly
persons and persons with disabilities. State plans should be revised biennially
and should be based on area agency plans, statewide priorities and state and
federal requirements.
(d) Have the authority to transfer state
and federal funds, except Title III of the Older Americans Act funds, from one
area agency to another area agency or from one program or service to another
program or service after consultation with the area agencies involved in the
transfer. However, no area agency shall suffer a reduction in state or federal
funds due to increased local funds.
(e) Receive and disburse all federal and
state funds allocated to the department and solicit, accept and administer
grants, including federal grants or gifts made to the department or to the
state and enter into contracts with private entities for the purpose of
providing or contracting for case management services for long term care
insurance for the benefit of elderly persons and persons with disabilities in
this state.
(f) Provide technical, training and
program assistance to area agencies and assist them to provide such assistance
to public and private agencies and organizations.
(g) Assist area agencies to stimulate more
effective use of existing resources and services for elderly persons and
develop programs, opportunities and services which are not otherwise provided
for elderly persons, with the aim of developing a comprehensive and coordinated
system for the delivery of social services to elderly persons.
(h) Assist local department offices and
area agencies which have assumed responsibility for disabled services to
stimulate more effective use of existing resources and to develop programs,
opportunities and services which are not otherwise provided for persons with
disabilities, with the aim of developing a comprehensive and coordinated system
for the delivery of social services to persons with disabilities.
(i) Serve within government and in the
state at large as an advocate for elderly persons and persons with disabilities
by holding hearings and conducting studies or investigations concerning matters
affecting the health, safety and welfare of elderly persons and persons with
disabilities and by assisting elderly persons and persons with disabilities to
assure their rights to apply for and receive services and to be given fair
hearings when such services are denied.
(j) Process fiscal and client data for all
area agencies.
(k) Conduct regulatory functions with
regard to program operation, by adopting rules for providing social services,
including protective services, to elderly persons and persons with disabilities
who need services that the department or area agencies are authorized to
provide and rules for standard rate setting and quality assurance.
(L) Provide information and technical
assistance to the Governors Commission on Senior Services, the Oregon
Disabilities Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council and keep the commissions and the council
continually informed of the activities of the department.
(m) Make recommendations for legislative
action to the Governor and to the Legislative Assembly, after consultation with
the Governors Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and Reimbursement Advisory
Council.
(n) Conduct research and other appropriate
activities to determine the needs of elderly persons and persons with
disabilities in this state, including, but not limited to, their needs for
social and health services, and to determine what existing services and
facilities, private and public, are available to elderly persons and persons
with disabilities to meet those needs.
(o) Maintain a clearinghouse for
information related to the needs and interests of elderly persons and persons
with disabilities.
(p) Provide area agencies with assistance
in applying for federal, state and private grants and identifying new funding
sources.
(2) In addition to the requirements of
subsection (1) of this section, the department shall:
(a) Determine type A and type B area
agencies annual budget levels for Oregon Project Independence and Title III of
the Older Americans Act expenditures.
(b) For type B area agencies:
(A) Determine annual budget levels for
planning Title XIX reimbursed services. In determining the budget levels, the
department shall retain contingency reserves against overruns and transfers in
use of Title XIX funds.
(B) Provide timely management information
so the area agencies and the departments disability services units can manage
Title XIX reimbursements within budgeted levels.
(C) Determine annual budget levels for
planning and administering programs relating to social, health, independent
living and protective services for persons with disabilities for the departments
disability services units and type B area agencies which have assumed local
responsibility for the programs and clients transferred under section 2 (2),
chapter 787, Oregon Laws 1989.
(c) Make payments for services within a
central processing system for:
(A) A type A area agency, at the request
of the agency, for Oregon Project Independence or Title III of the Older
Americans Act expenditures, or both.
(B) A type B area agency, for Title XIX
and Oregon Project Independence expenditures, and at the request of the agency,
for Title III of the Older Americans Act expenditures.
(d) Assume program responsibility for
Title XIX programs in areas served by type A area agencies and in areas where
no area agency is designated.
(e) Assume planning and program
responsibilities for persons with disabilities in areas served by type A area
agencies, in areas served by type B agencies that serve only elderly persons
and in areas where no area agency exists.
(3) When developing programs affecting
elderly persons, the department shall consult with the Governors Commission on
Senior Services.
(4) When developing programs affecting
persons with disabilities, the department shall consult with the Oregon
Disabilities Commission. [1981 c.784 §3; 1989 c.224 §75; 1989 c.787 §1; 1991
c.122 §12; 1993 c.116 §4; 1995 c.667 §4; 2001 c.900 §77; 2007 c.70 §168]
410.072
Determination of annual budget levels for type B area agencies; rules. The Department of Human Services shall:
(1) Adopt by rule a methodology for
determining annual 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
(b) Results in a budget level for a type B
area agency that is not less than 95 percent of the amount that would otherwise
be budgeted for a local department office serving elderly persons and persons
with disabilities;
(2) Determine annual budget levels for
planning and administering programs for elderly persons and persons with
disabilities for type B area agencies using the methodology adopted under
subsection (1) of this section; and
(3) Consider the budget levels determined
under subsection (2) of this section when making recommendations to the
Governor on the level of funding for type B area agencies each biennium. [2003
c.772 §2]
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]
Note: 410.074 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 410 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
410.075
Authority of department to hold title to property; rules. The Department of Human Services may take
title to real and personal property in performing its duties under ORS 411.630,
411.708, 411.795, 414.105 and 416.310. Title shall be taken in the name of the
department. The department may convey the property by deed or other appropriate
conveyance under procedures adopted by rule of the department. [1993 c.249 §2;
2005 c.381 §23]
410.080
Department as single state agency for federal programs. (1) The Department of Human Services is the
designated single state agency for all federal programs under ORS 409.010,
410.040 to 410.320, 411.590 and 441.630.
(2) Except as provided in ORS 410.070
(2)(d) and 410.100, the administration of services to clients under ORS
409.010, 410.040 to 410.320, 411.590 and 441.630 shall be through area
agencies, and shall comply with all applicable federal regulations. [1981 c.784
§7; 2001 c.900 §246; 2005 c.22 §273]
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.
(2) The Department of Human Services is
authorized to develop and adopt such rules as necessary for the sound,
efficient and economical administration of the provisions of this section and
ORS 410.320 to 410.340, including the implementation of a fee for service
schedule based upon ability to pay, and to assure that no eligible person,
resident in a skilled nursing home or intermediate care facility, shall be
removed and placed in an alternative care program unless such services are
determined to be more appropriate for the individual citizen based upon
appropriate, individual, service considerations. [Formerly 184.865]
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.
(2) The department may withdraw any
particular program or service, except Title III of the Older Americans Act
programs, from the area agency, and administer such programs and services.
Before such action is taken, the department must consult with the director of
the area agency and the chief elected official of the affected local
government. Such action shall be taken by the department only when it can be
shown that the federal or state laws or rules have not been complied with, that
state or federal funds are not being expended for the purposes for which they
were intended, or that elderly persons are not receiving appropriate services
within available resources. Withdrawal of any particular program or service is
appealable to the Governor after requesting a reconsideration by the Director
of Human Services. [1981 c.784 §10; 2001 c.900 §78; 2007 c.70 §169]
410.110
Revolving fund. (1) On
written request of the Department of Human Services, the Oregon Department of
Administrative Services shall draw warrants on amounts appropriated to the
Department of Human Services for operating expenses for use by the Department
of Human Services as a revolving fund. The revolving fund shall not exceed the
aggregate sum of $50,000 including unreimbursed advances. The revolving fund
shall be deposited with the State Treasurer to be held in a special account
against which the Department of Human Services may draw checks.
(2) The revolving fund may be used by the
Department of Human Services to pay for travel expenses for employees of the
Department of Human Services and for any consultants or advisers for whom
payment of travel expenses is authorized by law, or advances therefor, or for
purchases required from time to time or for receipt or disbursement of federal
funds available under federal law.
(3) All claims for reimbursement of
amounts paid from the revolving fund shall be approved by the Department of
Human Services and by the Oregon Department of Administrative Services. When
such claims have been approved, a warrant covering them shall be drawn in favor
of the Department of Human Services and charged against the appropriate fund or
account, and shall be used to reimburse the revolving fund. [1981 c.784 §24]
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.
(2) The Department of Human Services shall
keep a record of all moneys credited to and deposited in the Senior and
Disabled Services Account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the individual
activity or program against which each withdrawal is charged.
(3) The unobligated balance in the Senior
and Disabled Services Account on June 30 of each odd-numbered year shall be
determined by the Department of Human Services as of September 30 following the
close of each biennium and certified to the Oregon Department of Administrative
Services. The amount certified pursuant to this subsection shall revert to the
General Fund and become available for general governmental purposes. [1981
c.784 §25; 1989 c.787 §11]
410.125
Residential Care Facility Licensing Moratorium Fee Subaccount. (1) The Residential Care Facility Licensing
Moratorium Fee Subaccount is established in the Senior and Disabled Services
Account established under ORS 410.120. Fees collected by the Department of
Human Services under section 3, chapter 690, Oregon Laws 2005, shall be
deposited in the Residential Care Facility Licensing Moratorium Fee Subaccount.
Moneys deposited in the subaccount are continuously appropriated to the
department.
(2) Notwithstanding ORS 410.120 (3),
moneys in the subaccount at the end of a biennium are retained in the
subaccount and do not revert to the General Fund. [2005 c.690 §7]
Note: 410.125 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 410 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
410.130 [1981 c.784 §26; repealed by 2001 c.900 §261]
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]
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
laws, their contents are considered privileged communications. [1981 c.784 §28;
1997 c.581 §2]
410.160
Limitation on estate claims.
Nothing in ORS 409.010, 410.040 to 410.320, 411.590 and 441.630 extends estate
claims requirements and procedures related to certain Title XIX services under
current
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]
Note: 410.180 and 410.190 were enacted into law by
the Legislative Assembly and were added to and made a part of ORS chapter 410
but not to any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
410.190
Representation of corporation in contested case proceedings before department. (1) Notwithstanding ORS 8.690, 9.160, 9.320,
ORS chapter 180, ORS 203.145 or other law, in any contested case proceeding
before the Department of Human Services, a corporation may be represented by an
attorney or by any officer or authorized agent or employee of the corporation.
(2) As used in this section, corporation
includes a public or private corporation, whether or not organized for profit. [1987
c.428 §34b]
Note: See note under 410.180.
(Area
Agencies)
410.210
Area agency advisory councils; membership; duties. (1) Each area agency shall have an area
agency advisory council, with members appointed by the area agency board.
(a) For a type A area agency, membership
of the council shall include consumers of services provided primarily to
elderly persons under Department of Human Services programs, including low
income and minority persons.
(b) A type B area agency that serves
elderly persons and persons with disabilities shall have two advisory councils.
One shall include persons described in paragraph (a) of this subsection. The
second shall be a disability services advisory council. That council shall have
as a majority of its members persons with disabilities and shall include
consumers of services and other interested persons. Any disability services
advisory council in existence at the time the area agency assumes
responsibility for providing services to persons with disabilities shall become
the disability services advisory council for the area agency.
(2) Each area agency advisory council
shall:
(a) Recommend basic policy guidelines for
the administration of the activities of the area agencies on behalf of elderly persons
or persons with disabilities, and advise the area agency on questions of
policy.
(b) Advise the area agency with respect to
development of the area plan and budget, and review and comment on the
completed area plan and budget before its transmittal to the Director of Human
Services.
(c) Review and evaluate the effectiveness
of the area agency in meeting the needs of elderly persons or persons with
disabilities in the planning and service area.
(d) Meet at least quarterly. The meetings
are subject to ORS 192.610 to 192.690. [1981 c.784 §11; 1989 c.224 §76; 1991
c.67 §101; 1993 c.116 §1; 2001 c.900 §79; 2007 c.70 §170]
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]
410.230
Expenditure of local funds not required. Nothing in ORS 409.010, 410.040 to 410.320, 411.590 and 441.630
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]
(Type A
Agencies)
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, 410.040 to 410.320, 411.590 and 441.630 requires a type
A area agency to become a type B area agency. [1981 c.784 §8; 2005 c.22 §276]
410.250
Duties of type A agencies.
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 objectives consistent with the state policy on aging.
This plan shall be reviewed and approved by the Department of Human Services.
(3) Assess the needs of elderly persons
within the planning and service delivery area for service for social and health
services, and determine what resources are currently available to meet those
needs.
(4) Assume the responsibility of
determining services required to meet the needs of elderly persons, assure that
such services are provided within the resources available and determine when
such services are no longer needed.
(5) Endeavor to coordinate and expand
existing resources in order to develop within its planning and service area a
comprehensive and coordinated system for the delivery of social and health
services to elderly persons.
(6) Serve as an advocate within government
and within the community at large for the interests of elderly persons within
its planning and service area.
(7) Make grants to or enter into contracts
with any public or private agency for the provision of social or health
services not otherwise sufficiently available to elderly persons within the
planning and service area.
(8) Monitor and evaluate the activities of
its service providers to insure that the services being provided comply with
the terms of the grant or contract. Where a provider is found to be in breach
of the terms of its grant or contract, the area agency shall enforce the terms
of the grant or contract.
(9) Conduct research, evaluation,
demonstration or training activities appropriate to the achievement of the goal
of improving the quality of life for elderly persons within its planning and
service area.
(10) Comply with department requirements
that have been developed in consultation with the area agencies for client and
fiscal information and provide to the department information necessary for
federal and state reporting, program evaluation, program management, fiscal
control and research needs. [1981 c.784 §12]
(Type B
Agencies)
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.
(2) The respective local government shall
appoint a director of the type B area agency in its jurisdiction who must meet
minimum qualifications established by the Department of Human Services. The
director shall serve with the continuing approval of the Director of Human
Services. Continuing approval may be withdrawn by the Director of Human
Services only when it can be shown that the state or federal rules have not
been complied with by the type B area agency, that state or federal funds are
not being expended for the purposes for which they were intended or that
elderly persons are not receiving appropriate services within available funds.
Withdrawal of continuing approval is appealable to the Governor by the local
government after requesting a reconsideration by the Director of Human
Services. [1981 c.784 §9; 1991 c.67 §102; 2001 c.900 §80; 2007 c.70 §172]
410.280
Duties of type B agencies.
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 Services and
the responsible unit of local government that complies with federal and state
requirements and in accord with locally determined objectives consistent with
the state policy on aging.
(4) Provide protective services within
available resources. [1981 c.784 §13; 1993 c.116 §6]
410.290
Conditions to 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.
(2) The plan described in subsection (1)
of this section shall:
(a) Establish an administrative structure
and qualifications for key personnel that reflect the population to be served.
(b) Be developed in coordination with the
appropriate local mental health authority.
(c) Include any necessary interagency
agreements regarding which agency is to have responsibility for each specific
group of clients under 60 years of age.
(d) Address necessary transfers of staff,
available equipment and administrative and service funds.
(e) Be prepared with the participation of
potentially affected clients, staff and other individuals at the local level,
including but not limited to individuals with physical disabilities. [1981
c.784 §16; 1989 c.224 §78; 2007 c.70 §173]
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:
(a) Conducting inspections and issuing and
renewing licenses under ORS 443.735;
(b) Investigating complaints under ORS
443.765; and
(c) Other regulatory functions designated
by the director by rule.
(2) This section does not apply to adult
foster homes in counties that have been granted an exemption under ORS 443.780.
(3) As used in this section, adult foster
home has the meaning given that term in ORS 443.705. [2005 c.219 §2; 2007 c.70
§174]
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.
(2) State employees whose services have
been contracted to a type B area agency shall be supervised for program
purposes by the area agency.
(3) If state employees are transferred to
a type B area agency, the provisions of ORS 236.610 to 236.640 shall apply.
(4) Prior to transfer of any state
employee to any other public employer under ORS 409.010, 410.040 to 410.320,
411.590 and 441.630, at a date to be determined by the Director of Human
Services, each type B area agency shall prepare a plan in coordination with
local staff of the department for implementation of ORS 409.010, 410.040 to
410.320, 411.590 and 441.630. The plan shall show how statutory
responsibilities are to be met and how all staff are to be utilized. [1981
c.784 §15; 1993 c.18 §98; 2001 c.900 §81; 2005 c.22 §277]
GOVERNORS
COMMISSION ON SENIOR SERVICES
410.320
Governors Commission on Senior Services. (1) The Governors Commission on Senior Services is created. The
commission shall consist of at least 21 members appointed by the Governor for
terms of three years.
(2) Prior to making appointments, the
Governor shall request and consider recommendations from the area agencies on
aging and other interested senior organizations. The Governor shall designate a
member to serve at the pleasure of the Governor as chairperson for a term of
two years with such duties as the Governor shall prescribe. The membership of
the commission shall be composed of persons broadly representative of major
public and private agencies who are experienced in or have demonstrated
particular interest in the special needs of elderly persons, including persons
who have been active in organizations and advocates on behalf of elderly
persons. Additionally, membership shall include persons who are active in
advocacy organizations representing the interests of persons with disabilities
who are served in programs under the Department of Human Services and consumers
of services provided primarily to elderly persons and persons with disabilities
under department programs, including low income persons, minorities and persons
with disabilities. At least a majority of members shall be 60 years of age or
older.
(3) The Governors Commission on Senior
Services shall advise the Governor and the Director of Human Services on needs
of elderly persons, and recommend actions by the Governor, the Department of
Human Services, other governmental entities and the private sector, appropriate
to meet such needs.
(4) The commission shall have authority to
study programs and budgets of all state agencies that affect elderly persons.
After such study, the commission shall make recommendations to the Governor and
to the agencies involved. Such recommendations shall be designed to provide
coordination of programs for elderly persons, to avoid unnecessary duplication
in provision of services, and to point out gaps in provision of services. The
commission shall also recommend development of a comprehensive plan for
delivery of services to elderly persons. In carrying out these tasks, the
commission shall coordinate its efforts with other advisory groups within the
Department of Human Services to avoid duplication of effort.
(5) The commission shall promote
responsible statewide advocacy for elderly persons.
(6) Members of the commission, other than
legislators, shall be entitled to compensation and expenses as provided in ORS
292.495. [Formerly 184.900; 1983 c.740 §130; 1989 c.224 §79; 1991 c.67 §103;
2001 c.900 §82; 2007 c.70 §175]
410.330
Legislator members; expenses.
(1) In addition to the members of the Governors 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.
(2) The members of the commission
appointed under subsection (1) of this section shall be entitled to payment of
compensation and expenses under ORS 171.072 from funds appropriated to the
Legislative Assembly. [Formerly 184.905; 1983 c.740 §131; 1987 c.879 §15]
410.340
Appointments to fill vacancies.
In case of a vacancy on the Governors 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]
410.410
Definitions for ORS 410.410 to 410.480. 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
designated by the department pursuant to rule to be eligible for Oregon Project
Independence funding.
(3) Department means the Department of
Human Services.
(4) Home health service means items and
services furnished to an individual by a home health agency, or by others under
arrangement with such agency, on a visiting basis in a place of temporary or
permanent residence used as the individuals home for the purpose of
maintaining that individual at home.
(5) Service provider means any agency or
program that provides one or more authorized services under Oregon Project
Independence. [1981 c.186 §1; 1983 c.740 §133]
410.420
Use of funds; rules. (1)
Funds appropriated for Oregon Project Independence shall only be expended for
the following authorized services:
(a) Homemaker;
(b) Housekeeper;
(c) Chore;
(d) Escort;
(e) Home health;
(f) Personal care service;
(g) Elderly day care; and
(h) Other services authorized by the
Department of Human Services.
(2) The department shall adopt rules to
implement ORS 410.410 to 410.480. [1981 c.186 §2; 1983 c.740 §134; 2001 c.900 §83]
410.422
(2) The Oregon Project Independence Fund
consists of moneys appropriated to the fund by the Legislative Assembly,
interest earned by the fund, moneys contributed to the fund by donors and
moneys transferred to the fund under ORS 311.701.
(3) Moneys in the Oregon Project
Independence Fund are continuously appropriated to the Department of Human
Services for the purpose of funding Oregon Project Independence as provided in
ORS 410.410 to 410.480. [2005 c.749 §1]
410.425
Separate accounts for persons age 60 and over and for persons with Alzheimers
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 Alzheimers disease or a
related disorder. [1987 c.692 §3; 2005 c.749 §2]
410.430
Eligibility for services under ORS 410.410 to 410.480. (1) In order to qualify for services from an
authorized agency or service provider, each client or recipient must:
(a) Be 60 years old or older or have been
diagnosed as having Alzheimers disease or a related disorder;
(b) Not be receiving financial assistance
from the Department of Human Services, except food stamp benefits and limited
Medicare reimbursement benefits administered by the department; and
(c) Be assessed to be at the risk of entering
an institution.
(2) Eligibility determination shall be
required before any client may receive services from an authorized agency or
service provider. [1981 c.186 §3; 1987 c.692 §1; 1997 c.581 §3; 1999 c.59 §105;
2001 c.900 §84]
410.435
Expansion of
(a) Expanding the eligibility requirements
of Oregon Project Independence to cover persons 19 years of age or older with
physical disabilities; and
(b) Expanding authorized services under
Oregon Project Independence to include:
(A) Public education on long term care
planning and resources;
(B) Establishment and maintenance of a
website on long term care planning and resources; and
(C) Long term care case management and
case planning services offered for a fee to persons who are not eligible for
services from Oregon Project Independence.
(2) The department may not adopt the rules
expanding Oregon Project Independence described in subsection (1) of this
section unless the amount of moneys in the Oregon Project Independence Fund
established in ORS 410.422 is sufficient to provide services to eligible
clients under ORS 410.410 to 410.480 and is sufficient to fund the expansion of
the program to persons with physical disabilities and the additional authorized
services described in subsection (1) of this section.
(3) Rules adopted under subsection (1) of
this section are valid only for the biennium in which the rules are adopted. [2005
c.749 §9]
410.440
Priorities for services. (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 are needed.
(b) Clients who are to be placed
immediately in an institution if needed authorized services are not provided.
(c) Clients who are probably to be placed
in an institution if needed authorized services are not provided. [1981 c.186 §4]
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.
(2) Determination of services shall be
based on each clients financial, physical, functional, medical and social need
for such services.
(3) Clients who appear eligible for
services provided by the department because of disability or age and income
shall be encouraged to apply to the department for service. [1981 c.186 §5;
1983 c.740 §135; 2005 c.22 §278]
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]
410.470
Fees; collection; records; use.
(1) The Department of Human Services shall establish fees for services provided
under ORS 410.410 to 410.480 after consultation with area agencies on aging.
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 all clients.
(3) A record of all fees collected shall
be kept by each authorized agency and made available upon request to the
department.
(4) Nothing prevents any client of Oregon
Project Independence from making a contribution.
(5) Fees and any contribution must be used
to expand services. [1981 c.186 §7; 1983 c.740 §137; 2005 c.749 §10]
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.
(2) Each authorized agency shall submit to
the department an audit of its financial records annually. Such audits shall be
conducted by an individual holding a permit issued by the Oregon Board of
Accountancy under ORS 673.010 to 673.457.
(3) Fiscal and program reports shall be
completed on forms provided by the department and be submitted to the
department by the specified due dates.
(4) The use or disclosure by any party of
any information concerning a recipient or client of authorized services
described in ORS 410.410 to 410.480 for any purpose not directly connected with
the administration of the responsibilities of the department, or an authorized
agency or a service provider is prohibited except with written consent of the recipient,
or the legal representative thereof. [1981 c.186 §8; 1983 c.740 §138; 1999
c.322 §39]
ADULT DAY
CARE SERVICE
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]
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.
(2) The Department of Human Services shall
adopt rules consistent with the rules adopted under ORS 410.495, that include a
provision identifying adult day care as a service available for recipients
eligible for medical assistance.
(3) As used in ORS 410.485 and this
section, adult day care means community-based group programs designed to meet
the needs of adults with functional or cognitive impairments through individual
plans of care that are structured, comprehensive and provide a variety of
health, social and related support services in protective settings during part
of the day but provide less than 24-hour care. [1991 c.787 §§2,3; 2007 c.70 §176]
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
(2) The department shall adopt rules, to
be followed voluntarily, substantially consistent with standards established by
the Oregon Association of Adult Day Care Services regarding adult day care
programs. Each program in the registry shall indicate for inclusion in the
registration data the extent to which the program agrees to operate in
conformity with the rules adopted under this section.
(3) As used in this section, adult day
care means a community-based group program designed to meet the needs of
adults with functional or cognitive impairments through an individual plan of
care. Adult day care means a structured, comprehensive program that provides
a variety of health, social and related support services in a protective
setting during part of a day but for less than 24 hours. [1991 c.788 §1; 2007
c.70 §177]
LONG TERM
CARE
(Assessment
of Needs)
410.505
Definitions for ORS 410.505 to 410.545. 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 more than 30 days, and
who are not or do not appear to be Medicaid eligible. The program includes
providing information regarding appropriate service and placement alternatives,
including nursing facilities and community-based options. The program includes
all services necessary to comply with the minimum federal criteria for
preadmission screening established by the Health Care Financing Administration
under the Omnibus Budget Reconciliation Act of 1987. The admission assessment
shall provide the applicant with appropriate options but the recommendation of
the admission assessment team is not binding; the applicant has the right to
choose from any options which are available.
(2) Intermediate care facility means a
facility as defined in ORS 442.015 and which is Medicaid certified.
(3) Skilled nursing facility means a
facility as defined in ORS 442.015 and which is Medicaid certified. [1989 c.912
§2]
410.510
Establishment of procedure for assessment. 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 facility for more
than 30 days. [1989 c.912 §3]
410.515
Notice of availability of admission assessment services; disclosure form;
department to provide services; maximum fees. (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 the availability
of admission assessment services at the persons own expense and shall sign a
disclosure form indicating that the person has been so advised.
(2) The Department of Human Services shall
establish a fee and provide assessment services to such persons upon request.
The department shall establish a maximum fee that certified programs may charge
such persons.
(3) Adult foster homes, residential care
facilities, assisted living facilities and nursing facilities that are not
Medicaid certified shall maintain a record of such disclosure forms and shall
make them available to the department or area agencies on aging upon request. [1989
c.912 §10]
410.520
When assessment to occur; exceptions. (1) Subject to subsection (2) of this section, admission screening
shall occur:
(a) Before admission to an intermediate
care facility; and
(b) Within seven days following the 30th
day from admission to a skilled nursing facility.
(2) Subsection (1) of this section does
not apply for the following:
(a) Patients transferred from one facility
to another providing the same level of care;
(b) Patients who are returning to an
intermediate care facility after having entered acute care facilities from such
facilities;
(c) Patients who are being admitted to an
intermediate care facility for less than 30 days. If a patient is admitted
under this paragraph and is to remain in the facility for more than 30 days,
the patient shall receive an assessment within seven days following the 30th
day from admission;
(d) Patients who must be admitted
immediately to a nursing facility. Patients admitted under this paragraph shall
receive an assessment within seven days of admission;
(e) Patients who are entering a nursing
home that is part of a continuing care retirement community; and
(f) Patients discharged from an acute care
facility who opt to receive assessment services beyond the minimum federal
criteria from the Department of Human Services or an area agency on aging
rather than from a certified program may receive these additional assessment
services within seven days of admission. [1989 c.912 §4]
410.525
Disclosure of fees; waiver of assessment; additional assessment services. (1) If the admission assessment is performed
by a certified program, the program shall disclose to the person receiving the
assessment any portion of the fee that may be charged to that person, and shall
inform the person of the right of the person to receive an assessment from the
Department of Human Services or an area agency on aging at no charge.
(2) The department or area agencies on
aging shall not charge any portion of the fee to the person receiving the
assessment.
(3) Once the person or persons performing
the assessment have met the minimum federal criteria, the person receiving the
assessment shall have the option to receive additional assessment services and
information regarding appropriate placement alternatives. The person shall sign
a form to be developed by the department indicating the persons preference. [1989
c.912 §6]
410.530
Department authority; delegation; advisory committee; rules. (1) The Department of Human Services has the
following authority which it may delegate to any program certified by the
department to provide assessment services:
(a) To provide information and education
to the general public, hospitals, nursing facilities and physicians regarding
availability of the assessment program.
(b) To accept referrals from individuals,
families, physicians, human service professionals, nursing home professionals,
social service agencies or other organizations.
(c) To assess the long term care needs of
referred persons.
(d) To identify available noninstitutional
services to meet the needs of referred persons, including public and private
case management services.
(e) To prepare, explain and document
recommendations for persons receiving assessment program services as to the
need for skilled nursing care, for intermediate care as provided in a facility
or for other care which is available in the community.
(f) To inform referred persons of the
extent to which home and community-based services are available, and of their
right to choose among the appropriate alternatives that may be available, in
consultation with an attending physician and a family member.
(g) To provide public education targeted
at older persons, care givers and families regarding alternative long term care
services.
(h) To determine and publish minimum
qualifications for members of the admission assessment team.
(2)(a) After consultation with the
committee appointed under subsection (3) of this section, the Department of Human
Services shall adopt by rule criteria and procedures for certifying and
decertifying public or private admission assessment programs and contracting
with certified programs. The department shall establish a maximum fee that a
certified program may charge for assessment services. The rules shall specify
that a certified program may not charge the person receiving assessment
services for any portion of the fee associated with the services necessary to
meet the minimum federal criteria.
(b) In certifying a program, the
department shall determine that the program includes:
(A) Adequately trained personnel;
(B) Information regarding appropriate
service and placement alternatives, including nursing facilities and
community-based options;
(C) Provisions to the applicant of
information about appropriate options; and
(D) Prohibition of an assessment being
provided by any certified program which has any financial interest in the
facility to which placement is recommended.
(c) The program shall not require the
recommendation of the admission team be binding and the applicant has the right
to choose from any options that are available.
(3) The Director of Human Services shall
appoint an advisory committee to advise the department in certifying and
decertifying programs that provide or fail to provide the service described in
this section. The director shall appoint representatives from the Oregon
Association of Hospitals, the Oregon Health Care Association, the Oregon
Association of Homes for the Aging and representatives of organizations of
seniors. [1989 c.912 §5; 1991 c.67 §104]
410.535
Rules. The Department of
Human Services shall adopt rules to carry out the provisions of ORS 410.505 to
410.545, including, but not limited to:
(1) Granting exceptions to ORS 410.540;
and
(2) Insuring confidentiality of all client
information gathered during the admission assessment process. [1989 c.912 §8]
410.540
Compliance as condition for licensure. Compliance with the provisions of ORS 410.505 to 410.545 shall be a condition
for licensure as a nursing facility. [1989 c.912 §7]
410.545
Implementation of ORS 410.505 to 410.545 requires federal funding. Implementation of ORS 410.505 to 410.545 is
subject to federal fund participation of the admission assessment activities
specified in ORS 410.510 to 410.530. [1989 c.912 §12]
(Advisory
Council)
410.550
Medicaid Long Term Care Quality and Reimbursement Advisory Council; membership;
duties. (1) The Medicaid
Long Term Care Quality and Reimbursement Advisory Council is created, to
consist of 12 members. Appointed members shall be residents of the State of
(a) The Long Term Care Ombudsman, who
shall serve as a standing member of the council;
(b) A representative of the Governors
Commission on Senior Services, to be appointed by the commission;
(c) A representative of the Oregon
Disabilities Commission, to be appointed by the commission;
(d) A representative of the Oregon
Association of Area Agencies on Aging and Disabilities, to be appointed by the
Governor;
(e) A representative of a senior or
disabilities advocacy organization or an individual who advocates on behalf of
seniors or persons with disabilities, to be appointed by the Governor;
(f) A nursing home administrator licensed
under ORS 678.710 to 678.840 who has practiced continuously in Oregon in long
term care for three years immediately preceding appointment, to be appointed by
the Speaker of the House of Representatives;
(g) Two consumers of long term care
facilities or community-based care facilities or family members of such
residents, to be appointed by the Speaker of the House of Representatives;
(h) A director of nurses of an Oregon long
term care facility who has practiced in this state in long term care for three
years preceding appointment, to be appointed by the Speaker of the House of
Representatives;
(i) A representative of an assisted living
facility or a residential care facility, to be appointed by the President of
the Senate;
(j) A representative of an adult foster
home, to be appointed by the President of the Senate; and
(k) An in-home care agency provider, to be
appointed by the President of the Senate.
(2) The term of office for each member
appointed under this section shall be three years or until a successor has been
appointed and qualified.
(3) Members of the council shall receive
no compensation for their services but unpaid volunteers not otherwise
compensated shall be allowed actual and necessary travel expenses incurred in
the performance of their duties.
(4) The council shall:
(a) Elect a chairperson from among its
members and elect or appoint a secretary, each of whom shall hold office for
one year or until successors are elected;
(b) Hold an annual meeting and hold other
meetings at such times and places as the Department of Human Services or the
chairperson of the council may direct;
(c) Keep a record of its proceedings that
is open to inspection at all times; and
(d) Act in an advisory capacity to the
department on matters pertaining to quality of long term care facilities and
community-based care facilities and reimbursement for long term care services
and community-based care services. [1995 c.667 §1; 2001 c.104 §142]
410.555
Submission of changes to Medicaid reimbursement system to council; advisory
recommendation; approval; report; budget review; rules. (1) The Department of Human Services shall
submit to the Medicaid Long Term Care Quality and Reimbursement Advisory
Council, for the councils review and recommendation, any proposed change or
modification to the Oregon Medicaid reimbursement system for long term care
services and community-based care services.
(2) Upon review of any proposed change or
modification under subsection (1) of this section, the council shall issue a
written advisory recommendation to the department. The recommendation shall
state whether the council supports or opposes the proposed change or
modification and whether the council believes the proposed change or
modification will have an adverse or positive effect on the quality of long
term care services and community-based care services provided under the Oregon
Medicaid program.
(3) Prior to implementing any change or
modification to the reimbursement system for long term care services and
community-based care services, the Department of Human Services shall submit
the councils written recommendation to the Legislative Assembly or to the
Emergency Board if the Legislative Assembly is not in session. Before
instituting the proposed change or modification, the department shall obtain
the approval of the Legislative Assembly or the Emergency Board if the
Legislative Assembly is not in session. A proposed change or modification with
an estimated fiscal impact of $100,000 or less shall be exempt from the
provisions of this subsection.
(4) At the beginning of each legislative
session, the Medicaid Long Term Care Quality and Reimbursement Advisory Council
shall review the Governors proposed budget for the Department of Human
Services.
(5) The Department of Human Services shall
adopt such rules as are reasonably necessary for the enforcement of this
section. The department shall submit to the council any proposed rule that
directly or indirectly affects payment rates prior to proceeding with the
notice requirements provided for in ORS 183.335. The department shall consider
the comments of the council that pertain to the proposed rule. [1995 c.667 §2]
HOME CARE
COMMISSION
410.600
Definitions for ORS 410.600 to 410.625. As used in ORS 410.600 to 410.625:
(1) Activities of daily living includes
but is not limited to the following:
(a) Bathing and personal hygiene;
(b) Dressing and grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management; and
(f) Cognition.
(2) Area agency has the meaning given
that term in ORS 410.040.
(3) Commission means the Home Care
Commission established and operated pursuant to section 11, Article XV of the
Oregon Constitution, and ORS 410.600 to 410.625.
(4) Elderly person has the meaning given
that term in ORS 410.040.
(5) Home care services means assistance
with activities of daily living and self-management provided by a home care
worker in the home of an elderly person or person with a disability.
(6) Home care worker means a person:
(a) Who is hired directly by an elderly
person or person with a disability who receives moneys from the Department of
Human Services for that purpose;
(b) Whose compensation is paid in whole or
in part by the department, an area agency or other public agency that receives
moneys from the department for that purpose; and
(c) Who provides either hourly or live-in
home care services.
(7) Person with a disability has the
meaning given that term in ORS 410.040.
(8) Self-management includes but is not
limited to the following activities, other than activities of daily living,
required by an individual to continue living independently in the individuals
own home:
(a) Medication and oxygen management;
(b) Transportation;
(c) Meal preparation;
(d) Shopping; and
(e) Client focused general household work.
[2001 c.901 §1; 2003 c.14 §177; 2007 c.70 §178]
410.602
Home Care Commission; membership; rules. (1) The Home Care Commission is created, consisting of nine members
appointed by the Governor and confirmed by the Senate as provided in ORS
171.562 and 171.565. Five members shall be elderly persons or persons with
disabilities who are receiving or who have received home care services. One
member shall be appointed to represent each of the following entities, or a
successor entity, for as long as a comparable entity exists:
(a) Governors Commission on Senior
Services;
(b) Department of Human Services;
(c)
(d)
(2) The members shall be appointed for
terms of three years. A member is eligible for reappointment and may serve no
more than three consecutive terms. When making appointments to the commission,
the Governor may consider recommendations from the entities listed in
subsection (1) of this section and other organizations representing the
interests of elderly persons and persons with disabilities.
(3) If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately effective for the
unexpired term.
(4) The commission shall exercise all
powers necessary to effectuate the purposes of ORS 410.600 to 410.625.
(5) The Governor shall select annually
from the membership of the commission a chairperson who serves at the pleasure
of the Governor. The chairperson or majority of the members of the commission
then in office shall have the power to call regular or special meetings of the
commission. The commission shall meet at a place, date and hour determined by
the commission.
(6) Members of the commission shall be
paid compensation and expenses as provided in ORS 292.495 from such funds as
may be available to the commission.
(7) Meetings of the commission shall be
open and public in accordance with ORS 192.610 to 192.690. Records of the
commission shall be open and available to the public in accordance with ORS
192.410 to 192.505. The commission shall meet regularly with the executive
director of the Home Care Commission to make recommendations and set policy, to
approve or reject reports of the executive director, to adopt rules and to
transact other business.
(8) A quorum of the commission shall
consist of a majority of the members of the commission then in office. All
decisions of the commission shall be made by a majority of all the members then
in office.
(9) The commission shall, in accordance
with ORS chapter 183, adopt and enforce rules to carry out the provisions of
ORS 410.600 to 410.625.
(10) The commission is not subject to ORS
291.050 to 291.060.
(11) Members of the commission are
officers of the state and the commission is a state commission for purposes of
ORS 30.260 to 30.300 and 278.120 and ORS chapter 180.
(12) The chairperson may sign, on behalf
of the commission, contracts or agreements that the commission authorizes or is
required to execute. [2001 c.901 §2; 2007 c.70 §179; 2007 c.797 §3]
410.604
Duties of commission; executive director. (1) The Home Care Commission shall ensure the quality of home care
services by:
(a) Establishing qualifications for home
care workers with the advice and consent of the Department of Human Services as
the single state Medicaid agency;
(b) Providing training opportunities for
home care workers and elderly persons and persons with disabilities who employ
home care workers;
(c) Establishing and maintaining a
registry of qualified home care workers;
(d) Providing routine, emergency and
respite referrals of home care workers;
(e) Entering into contracts with public
and private organizations and individuals for the purpose of obtaining or
developing training materials and curriculum or other services as may be needed
by the commission; and
(f) Working cooperatively with area
agencies and state and local agencies to accomplish the duties listed in
paragraphs (a) to (e) of this subsection.
(2)(a) The commission shall enter into an
interagency agreement with the department to contract for a department employee
to serve as executive director of the commission. The executive director shall
be appointed by the Director of Human Services in consultation with the
Governor and subject to approval by the commission, and shall serve at the
pleasure of the Director of Human Services. The commission may delegate to the
executive director the authority to act on behalf of the commission to carry
out its duties and responsibilities, including but not limited to:
(A) Entering into contracts or agreements;
and
(B) Taking reasonable or necessary actions
related to the commissions role as employer of record for home care workers
under ORS 410.612.
(b) The commission shall enter into an
interagency agreement with the department for carrying out any of the duties or
functions of the commission, for department expenditures and for the provision
of staff support by the department.
(3) When conducting its activities, and in
making decisions relating to those activities, the commission shall first
consider the effect of its activities and decisions on:
(a) Improving the quality of service
delivered by home care workers; and
(b) Ensuring adequate hours of service are
provided to elderly persons and persons with disabilities by home care workers.
(4) The commission has the authority to
contract for services, lease, acquire, hold, own, encumber, insure, sell,
replace, deal in and with and dispose of real and personal property in its own
name. [2001 c.901 §3; 2007 c.70 §180; 2007 c.797 §4]
410.606
Referral of qualified individuals on commission registry. The Department of Human Services, an area
agency or other public agency shall provide to an individual seeking a home
care worker the names of qualified individuals, in the appropriate geographic
area, who have been placed on the registry maintained by the Home Care
Commission. [2001 c.901 §4]
410.608
Selection of home care worker; right to terminate employment; eligibility
determination made by Department of Human Services. (1) An elderly person or a person with a
disability who hires a home care worker has the right to select the home care
worker, including a family member.
(2) An elderly person or a person with a
disability who hires a home care worker has the right to terminate the
employment of the home care worker at any time and for any reason.
(3) The Department of Human Services shall
determine the eligibility of an elderly person or a person with a disability to
receive home care services under the Medicaid program and state-funded long
term care services. [2001 c.901 §5; 2007 c.70 §181]
410.610 [1981 c.183 §1; 1987 c.428 §27; 1989 c.721 §50;
renumbered 124.050 in 1995]
410.612
Collective bargaining. (1)
For purposes of collective bargaining under ORS 243.650 to 243.782, the Home
Care Commission is the employer of record for home care workers.
(2) Notwithstanding subsection (1) of this
section, home care workers may not be considered for any purposes to be an
employee of the State of
(3) The Oregon Department of
Administrative Services shall represent the commission in collective bargaining
negotiations with the certified or recognized exclusive representatives of all
appropriate bargaining units of home care workers. The department is authorized
to agree to terms and conditions of collective bargaining agreements on behalf
of the commission and the Department of Human Services. [2001 c.901 §6]
410.614
Rights of home care workers.
Notwithstanding ORS 243.650 (19) and (20), the Home Care Commission shall be
considered a public employer and home care workers shall be considered public
employees governed by ORS 243.650 to 243.782. Home care workers have the right
to form, join and participate in the activities of labor organizations of their
own choosing for the purpose of representation and collective bargaining with
the commission on matters concerning employment relations. These rights shall
be exercised in accordance with the rights granted to public employees with
mediation and interest arbitration under ORS 243.742 as the method of concluding
the collective bargaining process. Home care workers do not have the right to
strike. [2001 c.901 §7]
410.620 [1981 c.183 §2; renumbered 124.055 in 1995]
410.625
Authority of commission; budget. (1) In carrying out its duties under ORS 410.600 to 410.625, the Home
Care Commission may:
(a) Enter into an interagency agreement or
a contract with any state agency for the performance of the commissions duties
or the leasing of office space;
(b) Provide nonemployee compensation to
home care workers or prospective home care workers who attend training sessions
approved or sponsored by the commission;
(c) On behalf of an elderly person or a
disabled person who hires a home care worker through the Home Care Commission
registry, elect workers compensation coverage or arrange for health insurance
coverage, including group coverage, for the persons home care workers; and
(d) As prescribed by rule, charge fees to
and collect fees from persons who attend training sessions sponsored by the
commission and who currently are not home care workers.
(2) The commission and the Department of
Human Services shall confer as to the amount of funds necessary to carry out
the duties and activities of the commission, and the department shall include
the agreed upon amount in the Governors budget request to the Legislative
Assembly.
(3) The commission may apply for and
receive gifts and grants from any public or private source.
(4) The commission may award grants from
funds appropriated by the Legislative Assembly to the department for allocation
to the commission or from funds otherwise available from any other source for
the purpose of carrying out the duties of the commission under ORS 410.600 to
410.625. [2007 c.797 §2]
410.630 [1981 c.183 §3; renumbered 124.060 in 1995]
410.640 [1981 c.183 §4; 1983 c.434 §3; renumbered
124.065 in 1995]
410.650 [1981 c.183 §5; 1983 c.434 §1; 1983 c.740 §139;
renumbered 124.070 in 1995]
410.660 [1981 c.183 §6; renumbered 124.075 in 1995]
410.670 [1981 c.183 §7; 1987 c.428 §28; renumbered
124.080 in 1995]
410.680 [1981 c.183 §8; 1985 c.651 §1; renumbered
124.085 in 1995]
410.690 [1981 c.183 §9; 1983 c.434 §2; 1985 c.651 §2;
renumbered 124.090 in 1995]
410.700 [1981 c.183 §10; renumbered 124.095 in 1995]
STATE POLICY
ON PERSONS WITH DISABILITIES
410.710
State policy on persons with disabilities. The Legislative Assembly finds and declares that it is a policy of
this state that:
(1) All persons regardless of any
disability have the right to live their lives with dignity and to participate
in society and all state programs to the fullest extent possible.
(2) There is a need for education of state
employees and the public generally about the capacity of persons with
disabilities to participate and compete in the mainstream of society.
(3) Stereotypes and negative labels have
no place in state laws and words such as victim, afflicted, crippled and handicapped
that have connotations of unclean, unworthy, unproductive and begging are
judgmental. Wherever possible, words such as these shall be avoided.
(4) The language of state laws shall
reflect a positive outlook about persons with disabilities. The worth and
uniqueness of each individual citizen is to be emphasized by using words and
phrases that emphasize the person first and then identify any disability when
relevant. [1989 c.224 §1; 2005 c.411 §3]
410.715
Person suffering brain injury to be considered person with disability. It is the policy of the state that any
person experiencing an injury defined as an injury to the brain caused by
extrinsic forces where the injury results in the loss of cognitive,
psychological, social, behavioral or physiological function for a sufficient
time to affect that persons ability to perform activities of daily living
shall be considered a person with a disability. [1991 c.402 §1; 2007 c.70 §182]
410.720
Mental health and addiction services for senior citizens and persons with disabilities. (1) It is the policy of this state to
provide mental health and addiction services for all
(2) The Department of Human Services shall
facilitate the formation of local community partnerships between the senior,
disability, mental health, alcohol and drug abuse and health care communities
by supporting the development of program approaches including, but not limited
to:
(a) Mental health and addiction screenings
and assessments in long term care settings;
(b) Outreach services to seniors and
persons with disabilities in their homes, including gatekeeper programs,
neighborhood programs and programs designed for rural communities;
(c) Multilingual and multicultural medical
and psychiatric services for ethnic minorities with physical disabilities and
hearing impairments;
(d) Education and training for health care
consumers, health care professionals and mental health and addiction services
providers on mental health and addiction issues, programs and services for
seniors and persons with disabilities; and
(e) Education and consultation services
for primary care physicians treating seniors and persons with disabilities.
(3) In carrying out the provisions of
subsections (1) and (2) of this section, the department shall:
(a) Develop plans for service coordination
within the department;
(b) Recommend budget provisions for the
delivery of needed services offered by the department; and
(c) Develop plans for expanding mental
health and addiction services for seniors and persons with disabilities to meet
the increasing demand. [1991 c.775 §2; 2001 c.104 §143; 2001 c.900 §85; 2005
c.691 §6]
TRUST FUNDS
FOR PERSONS WITH DISABILITIES
410.730
Self-Sufficiency Trust Fund; rules. (1) The Self-Sufficiency Trust Fund is established, separate and
distinct from the General Fund, in the State Treasury. Interest earned, if any,
shall inure to the benefit of this fund. The purpose of the Self-Sufficiency
Trust Fund is to provide a life-care planning option to meet the supplemental
service needs of individuals with disabilities by enabling parents, families
and others to plan more secure futures for their dependents with disabilities
or other named beneficiaries with disabilities without fear of loss of benefits
or invasion of trust principal.
(2) The State Treasurer shall be custodian
of the Self-Sufficiency Trust Fund, and the Oregon Department of Administrative
Services shall direct payments from the trust fund upon vouchers properly
certified by the Director of Human Services.
(3) The Director of Human Services may
accept money from a self-sufficiency trust described in subsection (8) of this
section for deposit in the Self-Sufficiency Trust Fund pursuant to an agreement
with the trust. The Department of Human Services shall maintain separate
accounting records in the Self-Sufficiency Trust Fund for each named
beneficiary and shall promptly credit to each account moneys deposited in the
Self-Sufficiency Trust Fund by a self-sufficiency trust described in subsection
(8) of this section on behalf of a named beneficiary.
(4) The agreement, naming one or more
beneficiaries residing in this state who have developmental disabilities,
mental illness or physical disabilities or persons otherwise eligible for
benefits or services due to disability, shall specify the supplementary care,
support or treatment to be provided for each named beneficiary with the moneys
deposited in the Self-Sufficiency Trust Fund.
(5) The State Treasurer shall credit
interest on the Self-Sufficiency Trust Fund to the fund, and the Department of
Human Services shall allocate the interest pro rata to the respective accounts
of the named beneficiaries of the Self-Sufficiency Trust Fund.
(6) The moneys in each account together
with any accumulated interest on that account shall be expended only to provide
supplementary care, support and treatment for the named beneficiary in
accordance with the terms of the agreement. The moneys from each account shall
not be expended to provide supplementary care, support and treatment unless the
named beneficiary is 18 years of age or older or is emancipated, or the parents
of the beneficiary have died, or in cases of extreme, unforeseen hardship. If
the agreement so provides, the moneys in each account may be expended for
purposes other than providing supplementary care, support and treatment upon a
showing of extreme, unforeseen hardship. The Department of Human Services shall
by rule establish criteria for determining what conditions constitute extreme,
unforeseen hardship allowing expenditure of moneys for purposes other than
providing supplementary care, support and treatment.
(7) In the event that the Director of
Human Services determines that the money in the account of a named beneficiary
cannot be used for supplementary care, support or treatment of the beneficiary
in a manner consistent with the agreement, the remaining money in the account,
together with any accumulated interest, shall be promptly returned to the
self-sufficiency trust which deposited the money in the Self-Sufficiency Trust
Fund.
(8) A nonprofit corporation that is a
501-C-3 organization under the United States Internal Revenue Code of 1954 and
that is organized under the Nonprofit Corporation Act, Title 13-B, may
establish a self-sufficiency trust for the purpose of providing for
supplementary care, support or treatment of one or more persons who have
developmental disabilities, mental illness or physical disabilities or persons
otherwise eligible for benefits or services due to disability by depositing the
proceeds in the Self-Sufficiency Trust Fund established under subsections (1)
to (7) of this section.
(9) The receipt by a beneficiary of
supplementary care, support or treatment provided with money from the
Self-Sufficiency Trust Fund shall not in any way reduce, impair or diminish the
benefits to which the beneficiary is otherwise entitled by law. No interest in
the principal or income of this trust shall be anticipated, assigned or
encumbered, or shall be subject to any creditors claim or to legal process,
prior to its actual receipt by the beneficiary. Furthermore, because of the
special needs of the beneficiary, no part of the corpus thereof, nor principal
nor undistributed income shall be subject to the claims of voluntary or
involuntary creditors for the provision of care and services, including
residential care, by any public entity, office, department or agency of the
State of Oregon or of any other state, or of the United States or any other
governmental agency.
(10) The Director of Human Services shall
serve as the official who implements the provision of care, support or
treatment for the beneficiary from moneys maintained in the Self-Sufficiency
Trust Fund in the beneficiarys name. The director shall adopt rules necessary
for the administration and the implementation of this subsection. [Formerly
412.700; 2007 c.70 §183]
410.732
Disabilities Trust Fund; rules.
(1) The Disabilities Trust Fund is established, separate and distinct from the
General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund
is to provide supplemental services to meet the needs of low income and
indigent individuals with disabilities.
(2) The State Treasurer shall be custodian
of the Disabilities Trust Fund and the Oregon Department of Administrative
Services, subject to appropriations, shall direct payments for the benefit of
low income and indigent people with disabilities or recipients of services from
the Department of Human Services, or both, from the trust fund as recommended
by the Director of Human Services.
(3) The Director of Human Services may
accept for deposit in the Disabilities Trust Fund:
(a) Moneys left to the Disabilities Trust
Fund by donors of a self-sufficiency trust described in ORS 410.730 (8) at the
death of the beneficiary with a disability; and
(b) Bequests and contributions from
private donors, corporations or foundations.
(4) The State Treasurer shall credit
interest on the Disabilities Trust Fund to the fund.
(5) Moneys in the Disabilities Trust Fund
shall be expended only to provide supplemental services to meet the need for
care, support or treatment for low income or indigent individuals with
developmental disabilities, mental illness or physical disabilities or who are
otherwise eligible to receive services or benefits because of disability.
(6) The receipt by a beneficiary of
supplementary care, support or treatment provided with money from the
Disabilities Trust Fund shall not in any way reduce, impair or diminish the
benefits to which the beneficiary is otherwise entitled by law. No interest in
the principal or income of this trust shall be anticipated, assigned or
encumbered, or shall be subject to any creditors claim or to legal process,
prior to its actual receipt by the beneficiary. Furthermore, because of the
special needs of the beneficiary, no part of the corpus thereof, nor principal
nor undistributed income shall be subject to the claims of voluntary or
involuntary creditors for the provision of care and services, including
residential care, by any public entity, office, department or agency of the
State of Oregon or of any other state, or of the United States or any other
governmental agency.
(7) The Director of Human Services shall
serve as the official who implements the provision of care, support or
treatment for the beneficiary from moneys available from the Disabilities Trust
Fund. The director shall adopt rules necessary for the administration and
implementation of this section.
(8) The care, support or treatment
provided under ORS 410.730 and this section must conform to the waiver
requirements of the federal Centers for Medicare and Medicaid Services.
(9) Upon the death of a named beneficiary
of a self-sufficiency trust established under ORS 410.730 (8), the balance of
any money deposited to the account of the beneficiary in the Self-Sufficiency
Trust Fund shall be transferred to the Disabilities Trust Fund for the purposes
described in subsection (1) of this section unless the agreement entered into
between the Director of Human Services and the self-sufficiency trust under ORS
410.730 (3) provides otherwise. The Director of Human Services shall enter into
no agreement under ORS 410.730 (3) unless the agreement provides that at least
50 percent of any moneys credited to the account of the named beneficiary at
the time of the beneficiarys death be transferred from the Self-Sufficiency
Trust Fund to the Disabilities Trust Fund upon the death of the beneficiary. [Formerly
412.710; 2007 c.70 §184]
PROGRAM TO
SERVE NEEDS OF PERSONS WHO ARE DEAF OR HARD OF HEARING
410.740
(2) The program may also provide the
following:
(a) Identification and publicity of the
needs and concerns of individuals who are deaf or hard of hearing as their
needs and concerns relate to the full achievement of economic, social, legal
and political equity.
(b) Advice to the Department of Human
Services, the Governor, the Legislative Assembly and appropriate state agency
administrators on how state services for individuals who are deaf or hard of
hearing might be improved or better coordinated to meet the needs of these
individuals.
(c) Information to individuals who are
deaf or hard of hearing about where they may obtain assistance in
rehabilitation and employment and about laws prohibiting discrimination in
employment as a result of disability.
(d) Cooperation with and assistance to
interest groups in rehabilitation and employment of individuals who are deaf or
hard of hearing and encouragement of public and private employers to undertake
affirmative action to ensure equitable employment of individuals who are deaf
or hard of hearing.
(e) Promotion of a continuous program of
information and education to employers and the general public to increase
awareness of and sensitivity to the needs of individuals who are deaf or hard
of hearing for equitable education and training that will ensure for these
individuals their full vocational potential.
(f) Promotion of a continuous information
program for placement of individuals who are deaf or hard of hearing in
suitable employment.
(3)(a) The Director of Human Services
shall appoint an advisory committee to advise the director regarding the
program. The director shall consult with the advisory committee regarding the
services described in this section.
(b) The director shall appoint to the
advisory committee 12 individuals who have experience in issues that affect
individuals who are deaf or hard of hearing. [2005 c.663 §11; 2007 c.70 §185]
MISCELLANEOUS
410.850 [1985 c.647 §2; repealed by 1987 c.523 §1 (410.851
enacted in lieu of 410.850)]
410.851
Policy on patient-based reimbursement system for long term care facilities;
rules. (1) The Legislative
Assembly finds and declares that patients admitted to and cared for by long
term care facilities in
(2) Patient-based reimbursement means
reimbursement for direct patient care according to the needs of the patient,
based on multiple levels of patient health, functioning and impairment.
Notwithstanding the above, patient-based reimbursement does not require the
Department of Human Services to assess each patient and reimburse long term
care facilities according to the constantly changing conditions of the patients
except for changes between skilled and intermediate levels of care which shall
result in prompt readjustment of rates.
(3) The Department of Human Services shall
establish by rule definitions of levels of care and the payment rates for the
patient-based reimbursement system. [1987 c.523 §2 (enacted in lieu of
410.850); 2007 c.70 §186]
PENALTIES
410.890
Civil penalty. Violation of
ORS 410.520 shall be subject to a civil penalty not to exceed $5,000, imposed
in the manner provided in ORS 441.705 to 441.745. [1989 c.912 §9; 1991 c.67 §105]
410.990 [1981 c.183 §12; 1999 c.1051 §177;
renumbered 124.990 in 2001]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
