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Support Services for Adults with Developmental ... - DHS home

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(F) The decision of the SPD Assistant Director is final. Any<br />

further review is pursuant to the provision of ORS 183.484 <strong>for</strong><br />

judicial review.<br />

(h) Documentation of complaint. Documentation of each complaint<br />

and its resolution must be filed or noted in the complainant's record.<br />

(2) NOTIFICATION. Upon enrollment and annually thereafter, and when a<br />

complaint is not resolved according to section (1)(b) through (1)(d) of this<br />

rule, the brokerage must in<strong>for</strong>m each individual, or the individual's legal<br />

representative, orally and in writing, using language, <strong>for</strong>mat, and methods<br />

of communication appropriate to the individual's needs and abilities, of the<br />

following:<br />

(a) Brokerage grievance policy and procedures, including the right to<br />

an administrative review and the method to obtain an administrative<br />

review; and<br />

(b) The right of a Medicaid recipient to a hearing as pursuant to<br />

section (3) of this rule and the procedure to request a hearing.<br />

(3) DENIAL, TERMINATION, SUSPENSION, OR REDUCTION OF<br />

SERVICES FOR INDIVIDUAL MEDICAID RECIPIENTS.<br />

(a) Each time the brokerage takes an action to deny, terminate,<br />

suspend, or reduce an individual's access to services covered under<br />

Medicaid, the brokerage must notify the individual or the individual's<br />

legal representative of the right to a hearing and the method to<br />

request a hearing. The brokerage must mail the notice by certified<br />

mail, or personally serve the notice to the individual or the individual's<br />

legal representative 10 days or more prior to the effective date of an<br />

action.<br />

(A) The brokerage must use <strong>for</strong>m SDS 0947, Notification of<br />

Planned Action, or a comparable SPD-approved <strong>for</strong>m <strong>for</strong> such<br />

notification.<br />

(B) This notification requirement does not apply if an action is<br />

part of, or fully consistent <strong>with</strong> the ISP, and the individual or the<br />

Page 32 of 106

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