Or. Admin. Code § 411-450-0020

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

Section 411-450-0020 - [Effective 11/26/2024] Definitions and Acronyms for Community Living Supports

In addition to the following definitions and acronyms, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 450. If a word or term is defined differently in OAR 411-317-0000, the definition in this rule applies.

(1) "ADL" means "Activities of Daily Living" as defined in OAR 411-317-0000.

(2) "Alternative Resources" is defined in OAR 411-317-0000.

(3) "ANA-C" means the Adult In-Home Support Needs Assessment, Version C. The Department incorporates the ANA-C into these rules by this reference.

(4) "Assessor" is defined in OAR 411-317-0000.

(5) "Attendant Care" is defined in OAR 411-317-0000.

(6) "Authorized ISP" means an Individual Support Plan that meets the criteria in OAR 411-415-0070(8)(e).

(7) "CDDP" means "Community Developmental Disabilities Program" as defined in OAR 411-317-0000.

(8) "Children's Extraordinary Needs (CEN) Program" is defined in OAR 411-440-0020 and described in OAR chapter 411, division 440.

(9) "Class" means group attendant care that is regularly occurring, organized, and structured around specific supports in activities of daily living or instrumental activities of daily living intended to maintain or enhance an individual's skill level in the activities of daily living or instrumental activities of daily living.

(10) "CNA-C" means the Child In-Home Support Needs Assessment, Version C. The Department incorporates the CNA-C into these rules by this reference.

(11) "Community Living Supports Agency" means a provider agency certified under OAR chapter 411, division 323 and endorsed to these rules, excluding OAR 411-450-0090, to deliver community living supports.

(12) "Day Support Activities" means attendant care supports, delivered by a provider agency, that happen during scheduled, intentional, structured activities in a non-residential setting. Day support activities focus on maintaining or enhancing the skills an individual needs to engage with the community.

(13) "Direct Support Professional" means a person hired, employed, trained, paid, and supervised by a provider agency to provide attendant care services to a client of the agency.

(14) "DSA" means "Day Support Activities" as defined in this rule.

(15) "Exception" means an approval granted by the Department, or the Department's designee, to alter a limit or condition on a service based on an individual's demonstrated need.

(16) "Facility-Based" means a service operated at a fixed site owned, operated, or controlled by a service provider where an individual has few or no opportunities to interact with people who do not have a disability except for paid staff.

(17) "Family":

(a) Means a unit of two or more people that includes at least one individual, found to be eligible for developmental disabilities services, where the primary caregiver is:

(A) A family member as defined in OAR 411-317-0000; or

(B) In a domestic relationship where partners share the following:

(i) A permanent residence.

(ii) Joint responsibility for the household in general, such as child-rearing, maintenance of the residence, and basic living expenses.

(iii) Joint responsibility for supporting the individual when the individual is related to one of the partners by blood, marriage, or legal adoption.

(b) This definition of family is used when determining an individual's service eligibility for community living supports as a resident in the family home.

(18) "Group Activity" means an organized or impromptu day support activity that involves more than one individual supported by the same provider agency.

(19) "Healthier Oregon" is defined in OAR 410-120-0000 and described in OAR chapter 410, division 134.

(20) "Health System Division (HSD) Medical Programs" is defined in OAR 410-200-0015.

(21) "Hour Allocation" means the number of monthly hours authorized in an Individual Support Plan for any combination of attendant care, day support activities, skills training services, private duty nursing as described in OAR 411-300-0150, direct nursing services as described in OAR chapter 411, division 380, and state plan personal care as described in OAR chapter 411, division 455.

(22) "IADL" means "Instrumental Activities of Daily Living" as defined in OAR 411-317-0000.

(23) "IDEA" means the Individuals with Disabilities Education Act, 20 U.S.C § 1400.

(24) "Implementation Strategy" means a written description of the steps a provider agency will take to assist an individual to achieve the individual's desired outcomes, increase independence, and build or maintain skills, as identified in the individual's Individual Support Plan or Service Agreement, and assigned to the provider agency to implement.

(25) "Informal Arrangement" means a paid or unpaid arrangement for shelter or utility costs that does not include the elements of a rental agreement.

(26) "ISP" means "Individual Support Plan" as defined in OAR 411-317-0000.

(27) "Natural Support" is defined in OAR 411-317-0000.

(28) "ODDS" means the Oregon Department of Human Services, Office of Developmental Disabilities Services.

(29) "ONA" means "Oregon Needs Assessment" as defined in OAR 411-317-0000 and described in OAR 411-425-0055.

(30) "Oregon Supplemental Income Program-Medical" is defined in OAR 411-317-0000.

(31) "Ownership Interest" means a person that:

(a) Has an ownership interest totaling 5 percent or more in a provider agency;

(b) Has an indirect ownership interest equal to 5 percent or more in a provider agency;

(c) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider agency;

(d) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by a provider agency if that interest equals at least 5 percent of the value of the property or assets of the provider agency;

(e) Is an officer or director of a provider agency;

(f) Is a partner in a provider agency that is organized as a partnership; or

(g) Is a member of the board of directors of a provider agency.

(32) "Parent Provider" is defined in OAR 411-440-0020 for the Children's Extraordinary Needs Program.

(33) "Primary Caregiver" means the person identified in an Individual Support Plan as providing the majority of services and support for an individual in the individual's home.

(34) "Progress Report" means a written document that summarizes an individual's progress, the evidence of the progress, and a provider agency's activities undertaken towards achieving the individual's desired outcomes of increased independence and skill building or maintenance, as identified in the individual's Individual Support Plan or Service Agreement.

(35) "Provider-Owned Dwelling" means a dwelling that is owned by a provider or the provider's spouse, when the provider is proposing to be paid for delivering home and community-based services to an individual, and the provider or the provider's spouse is not related to the individual by blood, marriage, or adoption. A provider-owned dwelling includes, but is not limited to:

(a) A house, apartment, and condominium.

(b) A portion of a house, such as a basement or a garage, even when remodeled to be used as a separate dwelling.

(c) A trailer and mobile home.

(d) A duplex unless the structure displays a separate address from the other residential unit and was originally built as a duplex.

(36) "Provider-Rented Dwelling" means a dwelling that is rented or leased by a provider or the provider's spouse, when the provider is proposing to be paid for delivering home and community-based services to an individual, and the provider or the provider's spouse is not related to the individual by blood, marriage, or adoption.

(37) "PSW" means "Personal Support Worker" as defined in OAR 411-317-0000.

(38) "Rental Agreement" means a payment arrangement for shelter or utility costs with a property owner, property manager, or landlord that includes all of the following elements:

(a) The name and contact information for the property owner, property manager, or landlord.

(b) The period or term of the agreement and method for terminating the agreement.

(c) The number of tenants or occupants.

(d) The rental fee and any other charges, such as security deposits.

(e) The frequency of payments, such as monthly.

(f) What costs are covered by the amount of rent charged, such as shelter, utilities, or other expenses.

(g) The duties and responsibilities of the property owner, property manager, or landlord and the tenant, such as:

(A) The person responsible for maintenance;

(B) If the property is furnished or unfurnished; and

(C) Advance notice requirements prior to an increase in rent.

(39) "Scheduled Support" means an attendant care or skills training support that a representative of a provider agency and an individual agree to at least 48 hours ahead of the anticipated service delivery.

(40) "Service Level" means the maximum number of hours available to an individual in a month for any combination of attendant care, day support activities, skills training services, private duty nursing as described in OAR 411-300-0150, direct nursing services as described in OAR chapter 411, division 380, or state plan personal care as described in OAR chapter 411, division 455, based on an assessment required by the Department.

(41) "Skills Training" is defined in OAR 411-317-0000.

(42) "Staffing Ratio" means the number of paid providers to the number of individuals in their care at the same time.

(43) "Standard Model Agency" means a provider agency certified under OAR chapter 411, division 323 and endorsed to these rules, including OAR 411-450-0090, to deliver community living supports.

(44) "These Rules" mean the rules in OAR chapter 411, division 450.

Or. Admin. Code § 411-450-0020

APD 27-2016, f. & cert. ef. 6/29/2016; APD 35-2016(Temp), f. 8-31-16, cert. ef. 9-1-16 thru 2-27-17; APD 2-2017, f. 2-21-17, cert. ef. 2/28/2017; APD 23-2018, temporary amend filed 07/02/2018, effective 07/02/2018 through 12/27/2018; APD 46-2018, amend filed 12/28/2018, effective 12/28/2018; APD 37-2019, amend filed 10/29/2019, effective 11/1/2019; APD 30-2022, temporary amend filed 06/25/2022, effective 7/1/2022 through 12/27/2022; APD 55-2022, amend filed 12/16/2022, effective 12/20/2022; APD 23-2023, amend filed 12/21/2023, effective 1/1/2024; APD 25-2024, temporary amend filed 05/31/2024, effective 5/31/2024 through 11/26/2024; APD 60-2024, amend filed 10/25/2024, effective 10/25/2024

Statutory/Other Authority: ORS 409.050, 427.024, 427.104 & 430.662

Statutes/Other Implemented: ORS 409.010, 427.007, 427.024, 427.104, 427.181, 430.215, 430.610 & 430.662