Current through Register Vol. 63, No. 9, September 1, 2024
This rule becomes effective July 1, 2016, and enforceable
pursuant to OAR 309-035-0115
(17).
(1) A program, except for a SRTF, must have
all of the following qualities:
(a) The
setting is integrated in and supports the individual's same degree of access to
the greater community as individuals' not receiving HCBS including
opportunities for an individual to:
(A) Seek
employment and work in competitive integrated employment settings:
(i) For which an individual is compensated at
a rate that:
(l) Is not less than the higher
of the rate specified in federal, state, or local minimum wage law;
(ll) Is not less than the customary rate paid
by the employer for the same or similar work performed by other employees who
are not persons with disabilities and who are similarly situated in similar
occupations by the same employer and who have similar training, experience, and
skills; or
(lll) In the case of an
individual who is self-employed, yields an income that is comparable to the
income received by other individuals who are not individuals with disabilities
and who are self-employed in similar occupations or on similar tasks and who
have similar training, experience, and skills.
(ii) For which an individual is eligible for
the level of benefits provided to other employees;
(iii) At a location where the individual
interacts with other individuals who are not individuals with disabilities.
This does not include supervisory personnel or individuals providing services
to the individual to the same extent as individuals without disabilities and
who are in comparable positions who interact with others; and
(iv) That present opportunities for
advancement similar to those for other employees who are not individuals with
disabilities and who have similar positions.
(B) Engage in greater community
life;
(C) Control personal
resources; and
(D) Receive services
in the greater community.
(b) The program is selected by an individual
or the individual's legal representative from among available setting options
for which the individual meets medical necessity criteria including
non-disability specific settings and an option for a private unit in a
residential setting. The setting options shall be:
(A) Identified and documented in the
individuals' person-centered service plan;
(B) Based on the individual's needs and
preference; and
(C) Based on the
individual's available resources for room and board.
(c) The program ensures individual rights of
privacy, dignity, respect, and freedom from coercion and restraint;
(d) The program optimizes, but does not
regiment, individual initiative, autonomy, self-direction, and independence in
making life choices including but not limited to daily activities, physical
environment, and with whom to interact; and
(e) The program facilitates individual choice
regarding services and supports and individual choice as to who provides the
services and supports.
(2) The individual or the individual's legal
representative shall have the opportunity to select from among available
setting options including non-disability specific settings and an option for a
private unit in a setting. The setting options shall be:
(a) Identified and documented in the
person-centered service plan for the individual;
(b) Based on the individual's needs and
preferences; and
(c) Based on the
individual's available resources for room and board.
(3) The provider shall take reasonable steps
to ensure that the program maintains the qualities identified in sections (2)
and (3) of this rule. Failure to take reasonable steps may include but is not
limited to:
(a) Failure to maintain a copy of
the person-centered service plan at the setting;
(b) Failure to cooperate or provide necessary
information to the person-centered planning coordinator; or
(c) Failure to attend or schedule a
person-centered planning meeting where applicable.
(4) A program shall maintain the following:
(a) The setting shall be physically
accessible to an individual;
(b)
The provider shall provide the individual a unit of specific physical place
that the individual may own, rent, or occupy under a legally enforceable
Residency Agreement;
(c) The
provider shall provide and include in the Residency Agreement that the
individual has, at a minimum, the same responsibilities and protections from an
eviction that a tenant has under the landlord-tenant law of Oregon and other
applicable laws or rules of the county, city, or other designated entity. For a
setting in which landlord-tenant laws do not apply, the Residency Agreement
shall provide substantially equivalent protections for the individual and
address eviction and appeal processes. The eviction and appeal processes shall
be substantially equivalent to the processes provided under landlord-tenant
laws;
(d) The provider shall
provide each individual with privacy in their own unit;
(e) The provider shall maintain units with
entrance doors lockable by the individual. The program shall ensure that only
the individual, the individual's roommate, where applicable, and only
appropriate staff as described in the individual's person-centered plan have
keys to access the unit;
(f) The
provider shall ensure that individuals sharing units have a choice of
roommates;
(g) The provider shall
provide and include in the Residency Agreement that individuals have the
freedom to decorate and furnish their own unit;
(h) The provider shall allow each individual
to have visitors of their choosing at any time;
(i) The provider shall ensure each individual
has the freedom and support to control their own schedule and activities;
and
(j) The provider shall ensure
each individual has the freedom and support to have access to food at any
time.
(5) A SRTF is not
required to maintain the qualities or meet the obligations identified in
section (4)(d)(e)(f)(h)(i) of this rule if limited by the indivual's legal
representative or supervisory entity. The provider is required to seek an
individually-based limitation to comply with these rules.
(6) A provider is not required to maintain
the qualities or meet the obligations identified in section (4) (b) or (c) of
this rule when providing crisis-respite services to an individual. The provider
is not required to seek an individually-based limitation for such an individual
to comply with these rules.
(7) A
supervisory entity or provider may modify or limit the rights identified in
sections (1), (2), and 4(b) through (i) of this rule when providing services to
an individual, who is placed with the provider by a court, OHA, CMHP or PSRB
order under ORS chapters 161 or 426, as appropriate for the individual's needs
or as limited by the individual's legal representative When an activity is
restricted by the supervisory entity, the conditional release evaluation or
other documents describing the limitations, must be included in the application
for an individually-based limitation and incorporated in the individual's
Person-Centered Service Plan and included in the Residential Care
Plan.
(8) When a provider is unable
to meet a qualities outlined under section (4)(e) through (4)(j) of this rule
due to threats to the health and safety of the individual or others, the
provider may seek an individually-based limitation with the consent of the
individual or the individual's legal representative. The provider may not apply
an individually-based limitation until the limitation is approved, consented
and documented as outlined in OAR
309-035-0195.
Statutory/Other Authority: ORS
413.042 &
443.450
Statutes/Other Implemented: ORS
413.032,
443.400 -
443.465 &
443.991
