Chapter 410 — Senior
and Disability Services
2011 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 410.300, 410.320 and 411.159
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 and Oregon Health Authority to hold title to property; rules
410.080 Department
as single state agency for specified federal programs; authority as single
state agency for Title XIX and Title XXI 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
410.120 Senior
and Disabled Services Account
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
for 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
GOVERNOR’S COMMISSION ON SENIOR SERVICES
410.320 Governor’s
Commission on Senior Services
410.330 Legislator
members; expenses
410.340 Appointments
to fill vacancies
OREGON PROJECT INDEPENDENCE
410.410 Definitions
for ORS 410.410 to 410.480
410.420 Use
of funds for specified services
410.422 Oregon
Project Independence Fund
410.425 Separate
accounts for persons age 60 and over and for persons with Alzheimer’s disease
or related disorders
410.430 Eligibility
for authorized services
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
410.595 Legislative
intent and findings
410.600 Definitions
for ORS 410.595 to 410.625
410.602 Home
Care Commission; membership; rules
410.603 Developmental
Disabilities and Mental Health Committee
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 Oregon citizens with disabilities.
(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 person’s 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 Oregon finds the following regarding older citizens and citizens with
disabilities:
(1)
That there are many older Oregonians and Oregonians with disabilities who face
difficulties in maintaining self-care and independent living within the
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 person’s 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 410.300,
410.320 and 411.159. As used in ORS 409.010, 410.040
to 410.300, 410.320 and 411.159:
(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 impairment
that substantially limits one or more major life activities.
(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 funded by 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; 2011 c.36 §1; 2011 c.658 §37;
2011 c.720 §82]
410.050 General policy.
(1) The State of Oregon finds:
(a)
That the needs of the elderly population can be best served and planned for at
the local community level;
(b)
That a longer life expectancy and a growing elderly population demands services
be provided in a coordinated manner and a single local 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 Oregon that persons with disabilities served by the Department of
Human Services shall also receive necessary services, as appropriate for their
needs, from other state agencies.
(2)
In carrying out the provisions in subsection (1) of this 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 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; 2011 c.658 §38]
Note:
Section 1, chapter 37, Oregon Laws 2008, provides:
Sec. 1. (1)
The Department of Human Services shall develop a comprehensive plan for Oregon’s
long term care system for seniors and persons with physical disabilities.
(2)
In developing the comprehensive plan, the department shall work with
stakeholders, advocates for seniors and advocates for persons with physical
disabilities.
(3)
The comprehensive plan must include recommendations for:
(a)
Improving the long term care system in Oregon;
(b)
Improving access by seniors and persons with physical disabilities to services
in the least restrictive long term care settings;
(c)
Obtaining any Medicaid waivers that may be required; and
(d)
Creating a reimbursement structure that ensures access to services while
controlling costs and maintaining quality care by:
(A)
Reexamining client acuity and appropriate service priority level designations;
(B)
Developing reimbursement rates that are reasonably competitive with rates paid
by private payers;
(C)
Creating incentives for providers to participate in the state medical
assistance program; and
(D)
Addressing geographic differentials. [2008 c.37 §1]
(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 Oregon.
(b)
Function as the designated state unit on aging, as defined in the Older
Americans Act of 1965.
(c)
With the advice of the Governor’s 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 Governor’s 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 Governor’s 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)
Determine annual budget levels for planning and administering programs relating
to social, health, independent living and protective services for persons with
disabilities for the local department office serving elderly persons and
persons with disabilities and type B area agencies that have assumed local
responsibility for the programs and clients transferred under section 2 (2),
chapter 787, Oregon Laws 1989. In determining the budget levels, the department
shall:
(A)
Apply the methodology required by ORS 410.072;
(B)
Retain contingency reserves against overruns and transfers in use of Title XIX
funds; and
(C)
Provide timely management information so the area agencies and the department’s
disability services units can manage Title XIX reimbursements within budgeted
levels.
(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 Governor’s 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; 2009 c.460 §1]
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 biennial budget levels for type B
area agencies for planning and administering programs for elderly persons and
persons with disabilities that:
(a)
Includes both direct and indirect costs; and
(b)
Results in a budget level for each 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 biennial 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)
Submit a budget request based on budget levels determined under this section to
the Oregon Department of Administrative Services in accordance with ORS 291.201
to 291.222. [2003 c.772 §2; 2009 c.460 §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 and Oregon
Health Authority to hold title to property; rules.
The Department of Human Services or the Oregon Health Authority may take title
to real and personal property in performing its duties under ORS 411.630,
411.708, 411.795, 416.310 and 416.350. Title shall be taken in the name of the
department or the authority. The department or the authority may convey the
property by deed or other appropriate conveyance under procedures adopted by
rule of the department or the authority. [1993 c.249 §2; 2005 c.381 §23; 2011
c.720 §83]
410.080 Department as single state agency
for specified federal programs; authority as single state agency for Title XIX
and Title XXI programs. (1) The Department of Human
Services is the designated single state agency for all federal programs under
ORS 409.010 and 410.040 to 410.300 except that the Oregon Health Authority is
the single state agency responsible for supervising the administration of all
programs funded by Title XIX or Title XXI of the Social Security Act as
provided in ORS 413.032 (1)(j).
(2)
Except as provided in ORS 410.070 (2)(d) and 410.100, the administration of
services to clients under ORS 410.040 to 410.300 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; 2011 c.720 §84]
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 [1981
c.784 §24; repealed by 2011 c.720 §228]
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 [2005
c.690 §7; repealed by 2008 c.18 §16]
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 and 410.040 to 410.300 extends estate claims
requirements and procedures related to certain Title XIX services under current
Oregon statutes and federal regulations to other services. [1981 c.784 §36;
1993 c.116 §5; 2005 c.22 §274; 2011 c.720 §85]
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)(a) Each area agency shall
have an area agency advisory council, with members appointed by the area agency
board.
(b)
For a type A area agency, membership of the council shall include consumers of
services provided primarily to elderly persons under Department of Human
Services programs, including low income and minority persons.
(c)
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 (b) 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; 2011 c.9 §52]
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 and 410.040 to
410.300 requires an area agency or local governmental unit to expend local
funds for the purpose of maintaining or expanding services to elderly persons
and persons with disabilities. [1981 c.784 §37; 1989 c.224 §77; 2005 c.22 §275;
2007 c.70 §171; 2011 c.720 §86]
(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 and 410.040 to 410.300 requires a type A area agency to
become a type B area agency. [1981 c.784 §8; 2005 c.22 §276; 2011 c.720 §87]
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 for designation as type
B agency; plan of operation. (1) Prior to
the designation of an area agency as a type B area agency, the area agency, the
responsible unit of local government and the Department of Human Services must
jointly agree upon a plan under which the area agency will operate.
(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
410.040 to 410.300, 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 410.040 to 410.300. 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;
2011 c.720 §88]
GOVERNOR’S COMMISSION ON SENIOR SERVICES
410.320 Governor’s Commission on Senior
Services. (1) The Governor’s Commission on Senior
Services is created. The commission shall consist of at least 21 members
appointed by the Governor for terms of three years.
(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 Governor’s 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 Governor’s Commission on Senior Services
appointed under ORS 410.320, the President of the Senate shall appoint one
member from the Senate and the Speaker of the House of Representatives shall
appoint one member from the House of Representatives. If the Speaker of the
House of Representatives or the President of the Senate is a member, either may
designate from time to time an alternate from among the members of the
appropriate house to exercise powers as a member of the commission except that
the alternate shall not preside if the Speaker or President is chairperson.
(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 Governor’s Commission on Senior Services, the
appointing authority shall appoint a successor for the remainder of the
unexpired term. [Formerly 184.910; 1983 c.740 §132]
OREGON PROJECT INDEPENDENCE
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 described in ORS 410.420 (1) and
designated by the department by rule to be eligible for Oregon Project
Independence funding.
(3)
“Service provider” means any agency or program that provides one or more
services described in ORS 410.420. [1981 c.186 §1; 1983 c.740 §133; 2011 c.201 §1]
410.420 Use of funds for specified
services. (1) Funds appropriated for Oregon
Project Independence shall be expended for home care supportive services
including in-home or community-based services that assist an individual in
achieving the greatest degree of independent functioning in the individual’s
home.
(2)
Funds appropriated for Oregon Project Independence may be expended for the
following services:
(a)
Services to support community caregivers and strengthen the natural support
system for seniors including, but not limited to:
(A)
Information and assistance in accessing health and social services;
(B)
Respite care;
(C)
Training; and
(D)
Counseling.
(b)
Health promotion services including, but not limited to:
(A)
Chronic disease management;
(B)
Fall prevention activities;
(C)
Nutrition counseling;
(D)
Physical activities; and
(E)
Medication management.
(c)
Options counseling to provide individuals and their families with up-to-date,
comprehensive, objective and easy to understand information about the full
range of immediate and long range options that:
(A)
Educates individuals and families about available community support options;
(B)
Assesses the needs and resources of individuals and families;
(C)
Assists individuals and families in developing and implementing informed and
cost-effective decisions about long term support choices; and
(D)
Provides intensive counseling for individuals at risk of unnecessary or
premature nursing facility placement.
(d)
Transportation options that allow individuals to live at home and access the
full range of community resources. [1981 c.186 §2; 1983 c.740 §134; 2001 c.900 §83;
2011 c.201 §2]
410.422 Oregon Project Independence Fund.
(1) The Oregon Project Independence Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Oregon
Project Independence Fund shall be credited to the Oregon Project Independence
Fund. Moneys in the Oregon Project Independence Fund at the end of a biennium
are retained in the Oregon Project Independence Fund and do not revert to the
General Fund.
(2)
The Oregon Project Independence Fund consists of moneys appropriated to the
fund by the Legislative Assembly, interest earned by the fund and moneys
contributed to the fund by donors.
(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; 2011 c.723 §18]
410.425 Separate accounts for persons age
60 and over and for persons with Alzheimer’s disease or related disorders.
Except as provided in ORS 410.422, the funds available for purposes of ORS
410.410 to 410.480 shall be kept in separate accounts in the General Fund. One
account shall be used for funds appropriated for persons otherwise eligible who
are 60 years of age or older. The other account shall be used for funds
appropriated for persons otherwise eligible who have Alzheimer’s disease or a
related disorder. [1987 c.692 §3; 2005 c.749 §2]
410.430 Eligibility for authorized
services. (1) In order to qualify for authorized
services from an authorized agency or service provider, each client must:
(a)
Be 60 years of age or older or have been diagnosed as having Alzheimer’s
disease or a related disorder;
(b)
Not be receiving financial assistance from the Department of Human Services,
except supplemental nutrition assistance 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 is 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; 2009 c.599 §17; 2011 c.201 §3]
410.435 Expansion of Oregon Project
Independence; rules. (1) Notwithstanding ORS 410.430
and subject to the conditions described in subsection (2) of this section, the
Department of Human Services shall adopt rules expanding the eligibility
requirements of Oregon Project Independence to cover persons 19 years of age or
older with physical disabilities.
(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.
(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; 2011 c.201 §4]
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)
Eligibility for authorized services shall be based on each client’s 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; 2011 c.201 §5]
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 authorized
services after consultation with authorized agencies. The fees may differ for
different areas and for different income levels.
(2)
Fees established under subsection (1) of this section shall be charged to all
clients.
(3)
A record of all fees collected under subsection (1) of this section shall be
kept by each authorized agency and made available upon request to the
department.
(4)
The department may establish fees for services described in ORS 410.420 (2).
(5)
Nothing prevents any client of Oregon Project Independence from making a
contribution.
(6)
Fees and any contribution must be used to expand services. [1981 c.186 §7; 1983
c.740 §137; 2005 c.749 §10; 2011 c.201 §6]
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 client
receiving services described in ORS 410.420 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; 2011 c.201 §7]
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 Oregon.
(2)
The department shall adopt rules, to be followed voluntarily, substantially consistent
with standards established by the Oregon Association of Adult Day Care Services
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 person’s
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 person’s 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 Oregon and representative of the geographic locations of all long term
care facilities and community-based care facilities in this state. The members
shall include:
(a)
The Long Term Care Ombudsman, who shall serve as a standing member of the
council;
(b)
A representative of the Governor’s 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 678.820 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 council’s 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 council’s 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 Governor’s 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
410.595 Legislative intent and findings.
The Legislative Assembly finds and declares that the interest and welfare of
the public are served by the Home Care Commission that operates in accordance
with section 11, Article XV of the Oregon Constitution, and ORS 410.595 to
410.625 and also are served by operations that:
(1)
Do not compromise the resources of elderly persons, persons with physical
disabilities, persons with developmental disabilities or mental illnesses or
the family members of elderly persons, persons with physical disabilities or
persons with developmental disabilities or mental illnesses;
(2)
Do not compromise the ability of elderly persons, persons with physical
disabilities, persons with developmental disabilities or mental illnesses or
the family members of elderly persons, persons with physical disabilities or
persons with developmental disabilities or mental illnesses to choose from
among services, activities and purchases, including adult support services; and
(3)
Do not reduce the amount and scope of the services, activities and purchases,
including adult support services, available to elderly persons, persons with
physical disabilities, persons with developmental disabilities or mental
illnesses or the family members of elderly persons, persons with physical
disabilities or persons with developmental disabilities or mental illnesses. [2010
c.100 §2]
410.600 Definitions for ORS 410.595 to
410.625. As used in ORS 410.595 to 410.625:
(1)
“Activities of community inclusion” includes but is not limited to volunteer
activities, employment, development of community life skills and participation
in social and recreational community events.
(2)
“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.
(3)
“Adult support services” means individually determined services, activities and
purchases, whether those services, activities and purchases are necessary for
an individual to live in the individual’s own home or the individual’s family’s
home or to fully participate in community life or work, that:
(a)
Complement existing services, activities or purchases available to the
individual;
(b)
Are designed, selected and managed by the individual or the individual’s legal
representative;
(c)
Are provided in accordance with an individualized plan; and
(d)
Allow individuals to choose and have control over services and life goals.
(4)
“Area agency” has the meaning given that term in ORS 410.040.
(5)
“Commission” means the Home Care Commission established and operated pursuant
to section 11, Article XV of the Oregon Constitution, and ORS 410.595 to
410.625.
(6)
“Elderly person” has the meaning given that term in ORS 410.040.
(7)
“Home care services” means assistance with activities of daily living,
activities of community inclusion and self-management provided by a home care
worker for an elderly person or a person with a disability.
(8)
“Home care worker” means:
(a)
A person:
(A)
Who is hired directly by an elderly person or a person with a physical
disability or by a parent or guardian of an elderly person or a person with a
physical disability;
(B)
Who receives moneys from the Department of Human Services for the purpose of
providing care to the elderly person or the person with a physical disability;
(C)
Whose compensation is funded in whole or in part by the department, an area
agency or other public agency; and
(D)
Who provides either hourly or live-in home care services; or
(b)
A personal support worker.
(9)
“Person with a disability” means a person with a physical disability,
developmental disability or mental illness.
(10)
“Personal support worker” means a person:
(a)
Who is hired by a person with a developmental disability or mental illness or a
parent or guardian of a person with a developmental disability or mental
illness;
(b)
Who receives moneys from the department for the purpose of providing care to
the person with a developmental disability or mental illness;
(c)
Whose compensation is provided in whole or in part through the department, a
support services brokerage or other public agency; and
(d)
Who provides home care services in the home or community.
(11)
“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 individual’s own home:
(a)
Medication and oxygen management;
(b)
Transportation;
(c)
Meal preparation;
(d)
Shopping; and
(e)
Client-focused general household work.
(12)
“Support services brokerage” means an entity that performs the functions
associated with the planning and implementation of adult support services,
including the provision of services and the arrangement of activities and
purchases, for the purpose of maximizing individual choice and self-determination
for persons with developmental disabilities or mental illnesses. [2001 c.901 §1;
2003 c.14 §177; 2007 c.70 §178; 2010 c.100 §6]
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)
Governor’s Commission on Senior Services;
(b)
Department of Human Services;
(c)
Oregon Disabilities Commission; and
(d)
Oregon Association of Area Agencies on Aging and Disabilities.
(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 410.595 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 410.595 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]
410.603 Developmental Disabilities and
Mental Health Committee. (1) The Home Care Commission
shall create a Developmental Disabilities and Mental Health Committee.
(2)
The committee shall provide information and make recommendations to the
commission on:
(a)
Methods of improving the quality of services available to persons with
developmental disabilities or mental illnesses and the family members of
persons with developmental disabilities or mental illnesses;
(b)
Means of ensuring that an adequate amount of services are available to persons
with developmental disabilities or mental illnesses and the family members of
persons with developmental disabilities or mental illnesses; and
(c)
All the duties and functions under ORS 410.595 to 410.625 as those duties and
functions pertain to persons with developmental disabilities or mental
illnesses and the family members of persons with developmental disabilities or
mental illnesses, including but not limited to:
(A)
Qualifications for personal support workers;
(B)
Registration of personal support workers;
(C)
Referrals for routine, emergency and respite care;
(D)
Training opportunities for personal support workers; and
(E)
Collective bargaining.
(3)
The commission shall consider the recommendations of the committee. When the
commission does not follow the recommendations of the committee, the commission
shall inform the committee of the reasons for not following the
recommendations.
(4)
The commission shall appoint members to the committee. In appointing members to
the committee, the commission shall include at least one:
(a)
Consumer of services, activities or purchases available to persons with
developmental disabilities;
(b)
Consumer of services, activities or purchases available to persons with mental
illnesses;
(c)
Family member of a person with a developmental disability;
(d)
Family member of a person with a mental illness;
(e)
Advocate for persons with developmental disabilities or mental illnesses;
(f)
Personal support worker;
(g)
Representative from an agency that assists persons with developmental
disabilities or mental illnesses in finding and arranging resources for home
care services; and
(h)
Representative from a support services brokerage that assists persons with
developmental disabilities or mental illnesses in finding and arranging
resources for home care services. [2010 c.100 §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;
(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 commission’s 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;
(b)
Ensuring adequate hours of service are provided to elderly persons and persons
with disabilities by home care workers; and
(c)
Ensuring that services, activities and purchases that are purchased by elderly
persons and persons with disabilities other than home care services, including
adult support services, are not compromised or diminished.
(4)
The commission shall work with culturally diverse community-based organizations
to train and certify community health workers and personal health navigators.
The workers and navigators shall work as part of a multidisciplinary team under
the direction of a licensed or certified health care professional. The
commission shall recruit qualified home care workers who desire to be trained
and certified as community health workers or personal health navigators.
(5)
The commission shall ensure that each coordinated care organization honors all
of the terms and conditions of employment established by the commission with
respect to the community health workers and personal health navigators referred
by the commission. This subsection does not require a coordinated care
organization to employ or contract with community health workers and personal health
navigators certified by the commission so long as the community health workers
and personal health navigators employed or otherwise retained by the
organization meet competency standards established by the authority under ORS
414.665.
(6)
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.
(7)
As used in this section, “community health worker,” “coordinated care
organization” and “personal health navigator” have the meanings given those
terms in ORS 414.025. [2001 c.901 §3; 2007 c.70 §180; 2007 c.797 §4; 2010 c.100
§8; 2011 c.602 §23]
410.606 Referral of qualified individuals
on commission registry. (1) 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.
(2)
The department shall collect:
(a)
The name and address of any home care worker:
(A)
Who provides home care services;
(B)
Whose compensation is funded in whole or in part with state funds; and
(C)
Who is not listed on the registry maintained by the commission;
(b)
The name of the program under which the home care worker provides the home care
services;
(c)
Any other data required by the commission for training and registry purposes;
and
(d)
Any other data required for workers’ compensation purposes.
(3)
If necessary to collect the information required by subsection (2) of this
section:
(a)
The department shall request the required information from any agency or
support services brokerage that provides or arranges payroll services for home
care workers; and
(b)
The agency or support services brokerage shall provide the department with the
requested information.
(4)
The department shall keep and maintain until July 1, 2013, the information that
the department collects and receives under this section for the purpose of
updating the registry maintained by the commission.
(5)
The department:
(a)
Is not required to publish, electronically or otherwise, the names and
addresses of home care workers that the department collects and receives under
this section; and
(b)
Shall provide the name and address of a home care worker to any person who
requests the information in accordance with ORS 192.410 to 192.505. [2001 c.901
§4; 2010 c.100 §§4,7]
Note: The
amendments to 410.606 by section 11, chapter 100, Oregon Laws 2010, become
operative July 1, 2013. See section 12, chapter 100, Oregon Laws 2010. The text
that is operative on and after July 1, 2013, is set forth for the user’s
convenience.
410.606. (1)
The Department of Human Services, an area agency, other public agency or
support services brokerage 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.
(2)
To facilitate the development and maintenance of the registry maintained by the
commission and any training opportunity offered by the commission, and to meet
the requirements of providing workers’ compensation, the department, area
agencies, other public agencies and support services brokerages shall report to
the commission:
(a)
The name and address of any home care worker:
(A)
Who provides home care services;
(B)
Whose compensation is funded in whole or in part with state funds; and
(C)
Who is not listed on the registry;
(b)
The name of the program under which the home care worker provides the home care
services;
(c)
Any other data required by the commission for training and registry purposes;
and
(d)
Any other data required for workers’ compensation purposes.
(3)
If necessary to collect the information required by subsection (2) of this
section:
(a)
The commission shall request the required information from the department or
any agency or support services brokerage that provides or arranges payroll
services for home care workers; and
(b)
The department, agency or support services brokerage shall provide the
commission with the requested information.
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 Oregon, an area
agency or other public agency.
(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 410.595 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 commission’s 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 person with a disability 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 person’s 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
Governor’s 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 410.595 to 410.625. [2007 c.797 §2; 2009
c.11 §51]
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 person’s 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 Oregon senior citizens and persons with disabilities through a
comprehensive and coordinated statewide network of local mental health services
and alcohol and drug abuse education and treatment. These services should
involve family and friends and be provided in the least restrictive and most
appropriate settings.
(2)
The Department of Human Services and the Oregon Health Authority 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 that meet minimum standards
adopted by the Oregon Health Authority under ORS 430.357 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 and the authority shall:
(a)
Develop plans for service coordination within the department and the authority;
(b)
Recommend budget provisions for the delivery of needed services offered by the
department and the authority; 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; 2011 c.673 §12; 2011 c.720 §89]
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 creditor’s
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 beneficiary’s 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 creditor’s
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
beneficiary’s 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 Oregon Deaf and Hard-of-Hearing
Services Program; advisory committee. (1) The
Oregon Deaf and Hard-of-Hearing Services Program is created in the Department
of Human Services. The purpose of the program is to assist members of the
public and state agencies in making agency programs available and accessible to
individuals who are deaf or hard of hearing.
(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 Oregon are more impaired than in the
past. In keeping with the traditional commitment of the State of Oregon to the
care and protection of its citizens who are frail or elderly or who have
disabilities, as expressed in ORS 410.010, the Legislative Assembly declares
that a patient-based reimbursement system emphasizing quality incentives is
appropriate for long term care facilities. Such a system would reward long term
care facilities for outcomes, such as maintaining or improving a patient’s
condition, and meet the legitimate costs of caring for patients.
(2)
As used in this section, “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.
(3)
A patient-based reimbursement system 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.
(4)
The department shall establish by rule definitions of levels of care and the
payment rates for the patient-based reimbursement system. The rates shall be
designed to maintain and enhance access to community-based care services.
(5)
Notwithstanding ORS 410.555, the department, in cooperation with representatives
of community-based care providers, shall implement policies that offer
incentives to providers for entering into Medicaid contracts with the
department and that enable a patient, to the greatest extent possible, to
remain in the residential setting offering the scope of services that best
meets the patient’s needs. [1987 c.523 §2 (enacted in lieu of 410.850); 2007
c.70 §186; 2008 c.18 §11; 2011 c.201 §10]
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]
_______________