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

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programs or offices <strong>with</strong>in 45 calendar days of the receipt of the variance<br />

request.<br />

(5) The brokerage or provider organization may appeal the denial of a<br />

variance request by sending a written request <strong>for</strong> review to the SPD<br />

Assistant Director, whose decision is final.<br />

(6) SPD shall determine the duration of the variance.<br />

(7) The brokerage or the provider organization may implement a variance<br />

only after written approval from SPD.<br />

Stat. Auth.: ORS 409.050 & 410.070<br />

Stats. Implemented: ORS 427.005, 427.007, & 430.610 – 430.695<br />

411-340-0100 Eligibility <strong>for</strong> <strong>Support</strong> <strong>Services</strong> Brokerage <strong>Services</strong><br />

(Amended 12/28/2011)<br />

(1) NON-DISCRIMINATION. Individuals determined eligible according to<br />

OAR 411-340-0100(2) of this rule may not be denied brokerage services or<br />

otherwise discriminated against on the basis of age, diagnostic or disability<br />

category, race, color, creed, national origin, citizenship, income, or duration<br />

of Oregon residence.<br />

(2) ELIGIBILITY. The CDDP of an individual's county of residence may find<br />

the individual eligible <strong>for</strong> a brokerage when:<br />

(a) The individual is an Oregon resident who has been determined<br />

eligible <strong>for</strong> developmental disability services by the CDDP; AND<br />

(b) The individual is an adult living in the individual's own <strong>home</strong> or<br />

family <strong>home</strong> and not receiving other Department-paid in-<strong>home</strong> or<br />

community living support other than State Medicaid Plan services;<br />

AND<br />

(c) The individual is not enrolled in comprehensive services; AND<br />

(d) At the time of initial entry to the brokerage, the individual is not<br />

receiving short-term services from the Department because the<br />

Page 41 of 106

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