Or. Admin. Code § 411-100-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-100-0005 - Definitions (as used in 411-Division 100)

(1) "Agreement" means an agreement developed between a private, non-profit self-sufficiency trust and the Division on behalf of the State Self-Sufficiency Trust Fund which outlines the services expected to be required throughout the life of the beneficiary and projects when the supplementary services are likely to be needed. The agreement includes a financial plan indicating the amount of money required to be contributed to the State Self-Sufficiency Trust Fund to pay for the supplementary services, and the responsibility of the private, non-profit self-sufficiency trust.

(2) "Beneficiary" means a person who has a developmental disability, mental illness, or a physical disability or a person otherwise eligible for benefits or services due to a disability; is a resident of the State of Oregon; and is named by the private, non-profit self-sufficiency trust as a recipient for supplemental services.

(3) "Disability Trust Fund" means the trust fund established under ORS 410.700 to provide supplemental services to low income and indigent individuals with disabilities. The Disability Trust Fund is funded by no less than 50% of the remaining assets in the State Self-Sufficiency Trust Fund upon the death of the beneficiary, and by bequests and contributions from private donors, corporations or foundations. This fund is separate and distinct from the General Fund in the State Treasury.

(4) "Division" means the Seniors and People with Disabilities Division of the Oregon Department of Human Services.

(5) "Family" means parent, step-parent, sibling, grandparent, aunt, uncle, or niece, nephew, or cousin.

(6) "Indigent" means those individuals unable to provide for their basic necessities of food, shelter and clothing.

(7) "Individuals with Disabilities" mean those individuals who have a physical or mental impairment which substantially limits one or more major life activities.

(8) "Life Care Plan" means a written plan developed by the family of a beneficiary and a private, non-profit self-sufficiency trust which identifies the supplemental services expected to be needed by the beneficiary, including a financial plan describing the amount of principal required to be contributed to the trust to pay for the supplementary services.

(9) "Low Income" means those individuals who meet or are below the Supplemental Security Income (SSI) eligibility standards.

(10) "Developmentally Disabled" means an individual who has a severe, chronic disability which, is attributable to a mental or physical impairment or combination of mental and physical impairments; is manifested before the individual attains age twenty-two; is likely to continue indefinitely; results in substantial functional limitations in three or more of major life activities; and, reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

(11) "Mentally Ill" means an individual who has been diagnosed by a psychiatrist, a licensed clinical psychologist, or a nonmedical examiner certified by the Mental Health and Developmental Disability Services Division as suffering from chronic schizophrenia, a chronic major affective disorder, a chronic paranoid disorder or another chronic psychotic mental disorder other than those caused by substance abuse.

(12) "Physically Disabled" means an individual who has a permanent and total bodily impairment. A "permanent" disability is one likely to continue without substantial improvement throughout life or for an indeterminate period of time. A total disability is one which prevents performance of substantially all the ordinary duties of occupations in which a disabled individual is capable of engaging, with regard to his/her training, experience and circumstances of the disabled individual.

(13) "Private, Non-Profit Trust" means a Self-Sufficiency Trust (Private, Non-Profit Trust) as defined in these rules.

(14) "Recipient" means an individual with disabilities receiving supplementary services paid by the Disability Trust Fund.

(15) "Self-Sufficiency Trust (Private, Non-Profit Trust)" is a trust established by a 501-C-3 organization under the United States Internal Revenue Code of 1954, for the purpose of providing for supplementary care, support, or treatment of one or more developmentally disabled, mentally ill, or physically disabled persons or persons otherwise eligible for benefits or services due to a disability, by depositing the proceeds in the Self-Sufficiency Trust Fund.

(16) "Self-Sufficiency Trust Fund (State Trust Fund)" means a separate fund no subject to appropriation and separate from the State General Fund, in which monies are deposited from private, non-profit self-sufficiency trusts pursuant to an agreement in which one or more beneficiaries are named as the recipients of specified supplemental care, support and care. Monies transferred into this fund shall not be from sources which would result in reduction, impairment, or diminishment of benefits to which a beneficiary is otherwise entitled by law.

(17) "Sponsor" means family as defined in these rules.

(18) "State Trust Fund" means a Self-Sufficiency Trust Fund (State Trust Fund) as defined in these rules.

(19) "Supplemental Services" mean care, support, or treatment services which are provided to a beneficiary or recipient by the Division as the result of the agreement or as authorized by the designated local Division office. The supplemental services cannot supplant the services provided by public assistance programs and cannot reduce, impair or diminish the benefits to which the beneficiary or recipient is otherwise entitled by law.

(20) "Unforeseen Hardship" means a situation in which the beneficiary's life may be threatened without supplemental services as provided by the agreement.

Or. Admin. Code § 411-100-0005

SSD 4-1991, f. & cert. ef. 2-1-91

Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.

Stat. Auth.: ORS 410.730 & ORS 410.732

Stats. Implemented: ORS 410.730