Or. Admin. Code § 411-450-0070

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

Section 411-450-0070 - Community Living Supports Providers and Provider Requirements

Delivery of community living supports is limited to the following provider types:

(1) A PSW who meets the standards described in OAR chapter 411, division 375.

(a) A PSW is not an available provider type when there is not a common law employer as described in OAR 411-375-0055.

(b) A PSW may not provide community living supports to an individual when the PSW and individual reside together unless:

(A) The PSW is a family member;

(B) The PSW does not own or control the property; or

(C) The individual and the PSW have equal homeowner or rental property rights.

(2) A provider agency certified in accordance with OAR chapter 411, division 323 with an endorsement to operate as either a community living supports agency or a standard model agency. A provider agency cannot simultaneously be a community living supports agency and a standard model agency.

(3) A home health agency with a current license issued in accordance with ORS 443.015.

(4) An in-home care agency with a current license issued in accordance with ORS 443.315.

(5) An adult foster home licensed in accordance with OAR chapter 411, division 360. This provider type may only deliver community living supports, excluding DSA:

(a) When the community living supports are delivered in, or based out of, the licensed adult foster home. An adult foster home provider may not provide community living supports to an individual in, or based out of, the home of the individual.

(b) To an adult.

(6) A child foster home licensed in accordance with OAR chapter 411, division 346. This provider type may only deliver community living supports, excluding DSA:

(a) When the community living supports are delivered in, or based out of, the licensed child foster home. A child foster home provider may not provide community living supports to a child in, or based out of, the home of the child.

(b) To a child.

(7) An agency certified in accordance with OAR chapter 411, division 323 and endorsed to OAR chapter 411, division 325 for 24-hour residential programs does not require endorsement to these rules to deliver community living supports, excluding DSA, when the community living supports are delivered in, or based out of, the licensed setting. A provider of a 24-hour residential program may not provide community living supports to an individual in, or based out, of the home of the individual.

(8) Providers qualified to deliver community living supports as described in sections (5) though (7) of this rule are subject to OARs 411-450-0040, 411-450-0050, 411-450-0060, and sections (6) through (28) of OAR 411-450-0080 when delivering community living supports.

Or. Admin. Code § 411-450-0070

APD 27-2016, f. & cert. ef. 6/29/2016; APD 2-2017, f. 2-21-17, cert. ef. 2/28/2017; 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

Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & SB 1548 (2022 OR Law, Ch. 91)

Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.215, 430.610, 430.662 & SB 1548 (2022 OR Law, Ch. 91)