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DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 340 SUPPORT SERVICES FOR ADULTS WITH DEVELOPMENTAL DISABILITIES 411-340-0010 Statement of Purpose (Amended 7/1/2009) (1) The rules in OAR chapter 411, division 340 prescribe standards, responsibilities, and procedures for support services brokerages for purchase of individual supports with support services funds, and for providers paid with support services funds, to provide services to adults with developmental disabilities so that the adults with developmental disabilities may live in their own homes or in family homes. (2) Services provided under these rules are intended to identify, strengthen, expand, and where required, supplement private, public, formal, and informal support available to adults with developmental disabilities so that adults with developmental disabilities may exercise self-determination in the design and direction of their lives. Stat. Auth.: ORS 409.050 & 410.070 Stats. Implemented: ORS 427.005, 427.007, & 430.610 – 430.695 411-340-0020 Definitions (Amended 12/28/2011) As used in OAR chapter 411, division 340: (1) "Abuse" means abuse of an adult as defined in OAR 407-045-0260. (2) "Abuse Investigation and Protective Services" means reporting and investigation activities as required by OAR 407-045-0300 and any subsequent services or supports necessary to prevent further abuse as required by OAR 407-045-0310. Page 1 of 106
(3) "Activities of Daily Living (ADL)" mean the self-care activities accomplished by an individual for continued well-being. (4) "Adaptive Behavior" means the degree to which an individual meets the standards of personal independence and social responsibility expected for age and culture group. (5) "Administration of Medication" means the act of placing a medication in, or on, an individual's body by a person responsible for the individual's care and employed by or under contract to the individual, the individual's legal representative, or a provider organization. (6) "Administrative Review" means the formal process that is used when the individual or the individual's legal representative is not satisfied with the decision made by the brokerage about a complaint involving the provision of services or a provider. (7) "Administrator" means the Administrator of the Department, or that person's designee. The term "Administrator" is synonymous with "Assistant Director". (8) "Adult" means an individual 18 years or older with developmental disabilities. (9) "Alternative Resources" mean possible resources, not including support services, for the provision of supports to meet an individual's needs. Alternative resources includes but is not limited to private or public insurance, vocational rehabilitation services, supports available through the Oregon Department of Education, or other community supports. (10) "Basic Benefit" means the type and amount of support services available to each eligible individual, specifically: (a) Access to the brokerage services listed in OAR 411-340-0120(1); and if required (b) Access to an amount of support services funds used to assist with the purchase of supports listed in OAR 411-340-0130(6). Page 2 of 106
Page 1: DEPARTMENT OF HUMAN SERVICES SENIOR
Page 5 and 6: contract with the Department, Local
Page 7 and 8: (24) "Crisis Diversion Services" me
Page 9 and 10: (P) Overhead track systems to assis
Page 11 and 12: (a) Is primarily in business to pro
Page 13 and 14: that a psychiatrist, psychologist,
Page 15 and 16: (b) Uses the least intervention pos
Page 17 and 18: (74) "Self-Administration of Medica
Page 19 and 20: and durable and non-durable medical
Page 21 and 22: (88) "Support Services Brokerage Po
Page 23 and 24: (d) Application for renewal must be
Page 25 and 26: (8) IMMEDIATE SUSPENSION OF CERTIFI
Page 27 and 28: (D) Review by the brokerage adminis
Page 29 and 30: (5) When abuse is alleged or death
Page 31 and 32: (v) The disposition of the complain
Page 33 and 34: (F) The decision of the SPD Assista
Page 35 and 36: (d) The individual or the individua
Page 37 and 38: (G) Give DHS an opportunity to revi
Page 39 and 40: (3) An application for employment a
Page 41 and 42: Stat. Auth.: ORS 409.050 & 410.070
Page 43 and 44: individual is eligible for, and at
Page 45 and 46: (B) A description of any contractua
Page 47 and 48: (iii) The individual is determined
Page 49 and 50: (A) The brokerage must designate a
Page 51 and 52: (iv) The type of support provider.
Page 53 and 54:
(c) A revision to the annual or ini
Page 55 and 56:
411-340-0125 Crisis Supports in Sup
Page 57 and 58:
(C) Complete and coordinate the Sup
Page 59 and 60:
(C) Support services funds are not
Page 61 and 62:
(B) The brokerage director, or a de
Page 63 and 64:
specific to the individual and the
Page 65 and 66:
oxygen equipment, and monitoring fo
Page 67 and 68:
(i) Shopping; (ii) Transportation;
Page 69 and 70:
(ii) In organized conferences and w
Page 71 and 72:
(iii) Specially designed clothes to
Page 73 and 74:
(e) In accordance with Oregon Board
Page 75 and 76:
(J) Failed to comply with the provi
Page 77 and 78:
(E) Dietary supplements including b
Page 79 and 80:
(c) If the Policy Oversight Group i
Page 81 and 82:
(5) PERSONAL AGENT QUALIFICATIONS.
Page 83 and 84:
(f) Incident reports. (g) Assessmen
Page 85 and 86:
(8) SPECIAL RECORD REQUIREMENTS FOR
Page 87 and 88:
immediately or within timeframes sp
Page 89 and 90:
and to meet the requirements of the
Page 91 and 92:
(4) BEHAVIOR CONSULTANTS. Behavior
Page 93 and 94:
411-340-0170 Standards for Provider
Page 95 and 96:
(C) Complaints. The provider organi
Page 97 and 98:
(A) A written emergency plan must b
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(I) The Oregon Occupational Safety
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(B) Maintain a current written reco
Page 103 and 104:
(ii) Communicating any concerns reg
Page 105 and 106:
(ii) As an emergency measure, but o
Page 107:
(e) Current retail business license
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