Or. Admin. Code § 309-035-0165

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-035-0165 - Residency Agreement

This rule becomes effective July 1, 2016, and enforceable as described in OAR 309-035-0115(17).

(1) The provider shall enter into a written residency agreement with each individual or the individual's legal representative and be admitted to the program consistent with the placement type with the following procedures:

(a) The written residency agreement shall be reviewed and signed by the program administrator, the individual, and the individual's legal representative prior to or at the time of admission. If the individual refuses to sign the agreement after reviewing the agreement with the provider, the agreement is considered valid if signed by the supervisory entity.

(b) The provider shall provide a copy of the signed agreement to the individual or the individual's legal representative, and the provider shall retain the original signed agreement in the individual's service record;

(c) The provider shall give written notice to an individual or the individual's legal representative at least 30 calendar days prior to any general rate increases, additions, or other modifications of the rates; and

(d) The provider shall update residency agreements at least annually and also when social security rates change or an individual's finances change such that the amount paid for room and board changes.

(2) The residency agreement shall include, but is not limited to, The room and board rate describing the estimated public and private pay portions of the rate and the following:

(a) When an individual's social security or other funding is not active at the time of admission to the program, the program shall prepare the room and board agreement based upon the estimated benefit to be received by the individual; and

(b) If, when funding is later activated, actual income of the individual varies from the estimated income noted on the residency agreement, the agreement shall be updated and resigned by all the applicable parties.

(c) Services and supports provided in exchange for payment of the room and board rate;

(d) Conditions under which the program may change the rates;

(e) The provider's refund policy in instances of an individual's hospitalization, death, transfer to a nursing facility or other care facility, and voluntary or involuntary move from the program;

(f) A statement indicating that the individual is not liable for damages considered normal wear and tear;

(g) The program's policies on voluntary moves and whether written notification of a non-Medicaid individual's intent to not return is required;

(h) The potential reasons for involuntary termination of residency in compliance with this rule and individual's rights regarding the eviction and appeal process as described in OAR 309-035-0183(3);

(i) Any policies the program may have on the presence and use of alcohol, cannabis, and illegal drugs of abuse;

(j) Policy regarding tobacco smoking in compliance with the Tobacco Freedom Policy established by the Division;

(k) Policy addressing pet and service animals. The program may not restrict animals that provide assistance or perform tasks for the benefit of a person with a disability. These animals are often referred to as services animals, assistance animals, support animals, therapy animals, companion animals, or emotional support animals;

(l) Policy regarding the presence and use of legal medical and recreational marijuana at the setting;

(m) The provider may not schedule meals with more than a 14-hour span between the evening meal and the following morning's meal (see, OAR 411-050-0645);

(n) Policy regarding refunds for residents eligible for Medicaid services, including pro-rating partial months and if the room and board payment is refundable;

(o) Any house rules or social covenants required by the program that may be included in the document or as an addendum; and

(p) Statement informing the individual of the freedoms authorized by 42 CFR 441.710(a)(1) that may not be limited without the informed, written consent of the individual, legal representative, or supervising entity when the individual is placed with the provider by a court, OHA, CMHP, or PSRB order, including:

(A) Live under a legally enforceable agreement with protections substantially equivalent to landlord-tenant laws;

(B) The freedom and support to access food at any time;

(C) To have visitors of the individual's choosing at any time;

(D) Have a lockable door in the individual's unit that may be locked by the individual;

(E) Choose a roommate when sharing a unit;

(F) Furnish and decorate the individual's unit according to the Residency Agreement;

(G) The freedom and support to control the individual's schedule and activities; and

(H) Privacy in the individual's unit.

(3) The provider may not propose or enter into a residency agreement that:

(a) Charges or asks for application fees, refundable deposits, or non-refundable deposits;

(b) Includes any illegal or unenforceable provisions or ask or require an individual to waive any of the individual's rights or the provider's liability for negligence; or

(c) Conflicts with individual rights or these rules.

(4) Individuals who are placed in programs by a supervisory entity under ORS chapter 161 or 426, shall be given written information corresponding to each of their applicable rights and processes as described in subsection (1) and (2) of this section as part of the residency agreement.

(5) Providers are not required to obtain signed agreements from individuals placed by a supervisory entity but must document all efforts to engage the individual in plan development. Providers must document in the individual's record the information that was provided to the individual both orally and in writing. A copy of the residency agreement and the order under which the individual is placed under ORS chapter 161 or 426 must be placed in the individual's record.

Or. Admin. Code § 309-035-0165

MHD 9-1984(Temp), f. & ef. 12-10-84; MHD 9-1985, f. & ef. 6-7-85; MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98; MHD 4-2005, f. & cert. ef. 4-1-05; MHS 4-2008, f. & cert. ef. 6-12-08; MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017;BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 4/11/2024; BHS 6-2024, amend filed 04/11/2024, effective 4/11/2024

Statutory/Other Authority: ORS 413.042 & 443.450

Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991