Or. Admin. Code § 411-390-0220

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

Section 411-390-0220 - Safeguards

(1) When an individualized written service plan team is discussing the appointment of a health care advocate for an individual, or discussing an individual's significant medical treatment or procedure, the individual and any advocate named to the individualized written service plan team by the individual must be included in the individualized written service plan team and may not be excluded.

(a) The individualized written service plan team must be composed of at least three members other than the individual.

(b) The individualized written service plan team may include, but is not limited to, family, advocates, and staff with a vested interest in the individual.

(c) An individual is not required to participate in the discussion if the individual declines to participate or is unable to participate due to the individual's medical condition.

(2) The composition of the individualized written service plan team may not be changed, except by the individual, to override the objection of any member of the individualized written service plan team. The case manager and any authorized representative of the individual must be allowed to continue to be members of the individualized written service plan team.

(3) A case manager and at least one other person from the individualized written service plan team must receive approved training from the Department before using these rules to designate a health care advocate.

(4) When these rules are used to appoint a health care advocate, information and data specified by the Department must be submitted to the case management entity and the Department.

Or. Admin. Code § 411-390-0220

APD 5-2020, adopt filed 02/25/2020, effective 3/1/2020; APD 52-2020, temporary amend filed 12/21/2020, effective 12/21/2020 through 06/18/2021; APD 19-2021, amend filed 06/07/2021, effective 6/10/2021

Statutory/Other Authority: ORS 127.765 & 409.050

Statutes/Other Implemented: ORS 127.765 & 409.010