Current through Register Vol. 63, No. 12, December 1, 2024
This rule becomes effective July 1, 2016, and enforceable as
described in OAR 309-035-0115(17).
(1) The provider shall enter into a written
residency agreement with each individual or the individual's legal
representative and be admitted to the program consistent with the placement
type with the following procedures:
(a) The
written residency agreement shall be reviewed and signed by the program
administrator, the individual, and the individual's legal representative prior
to or at the time of admission. If the individual refuses to sign the agreement
after reviewing the agreement with the provider, the agreement is considered
valid if signed by the supervisory entity.
(b) The provider shall provide a copy of the
signed agreement to the individual or the individual's legal representative,
and the provider shall retain the original signed agreement in the individual's
service record;
(c) The provider
shall give written notice to an individual or the individual's legal
representative at least 30 calendar days prior to any general rate increases,
additions, or other modifications of the rates; and
(d) The provider shall update residency
agreements at least annually and also when social security rates change or an
individual's finances change such that the amount paid for room and board
changes.
(2) The
residency agreement shall include, but is not limited to, The room and board
rate describing the estimated public and private pay portions of the rate and
the following:
(a) When an individual's
social security or other funding is not active at the time of admission to the
program, the program shall prepare the room and board agreement based upon the
estimated benefit to be received by the individual; and
(b) If, when funding is later activated,
actual income of the individual varies from the estimated income noted on the
residency agreement, the agreement shall be updated and resigned by all the
applicable parties.
(c) Services
and supports provided in exchange for payment of the room and board
rate;
(d) Conditions under which
the program may change the rates;
(e) The provider's refund policy in instances
of an individual's hospitalization, death, transfer to a nursing facility or
other care facility, and voluntary or involuntary move from the
program;
(f) A statement indicating
that the individual is not liable for damages considered normal wear and
tear;
(g) The program's policies on
voluntary moves and whether written notification of a non-Medicaid individual's
intent to not return is required;
(h) The potential reasons for involuntary
termination of residency in compliance with this rule and individual's rights
regarding the eviction and appeal process as described in OAR
309-035-0183(3);
(i) Any policies the program may have on the
presence and use of alcohol, cannabis, and illegal drugs of abuse;
(j) Policy regarding tobacco smoking in
compliance with the Tobacco Freedom Policy established by the
Division;
(k) Policy addressing pet
and service animals. The program may not restrict animals that provide
assistance or perform tasks for the benefit of a person with a disability.
These animals are often referred to as services animals, assistance animals,
support animals, therapy animals, companion animals, or emotional support
animals;
(l) Policy regarding the
presence and use of legal medical and recreational marijuana at the
setting;
(m) The provider may not
schedule meals with more than a 14-hour span between the evening meal and the
following morning's meal (see, OAR
411-050-0645);
(n) Policy regarding refunds for residents
eligible for Medicaid services, including pro-rating partial months and if the
room and board payment is refundable;
(o) Any house rules or social covenants
required by the program that may be included in the document or as an addendum;
and
(p) Statement informing the
individual of the freedoms authorized by
42 CFR
441.710(a)(1) that may not
be limited without the informed, written consent of the individual, legal
representative, or supervising entity when the individual is placed with the
provider by a court, OHA, CMHP, or PSRB order, including:
(A) Live under a legally enforceable
agreement with protections substantially equivalent to landlord-tenant
laws;
(B) The freedom and support
to access food at any time;
(C) To
have visitors of the individual's choosing at any time;
(D) Have a lockable door in the individual's
unit that may be locked by the individual;
(E) Choose a roommate when sharing a
unit;
(F) Furnish and decorate the
individual's unit according to the Residency Agreement;
(G) The freedom and support to control the
individual's schedule and activities; and
(H) Privacy in the individual's
unit.
(3) The
provider may not propose or enter into a residency agreement that:
(a) Charges or asks for application fees,
refundable deposits, or non-refundable deposits;
(b) Includes any illegal or unenforceable
provisions or ask or require an individual to waive any of the individual's
rights or the provider's liability for negligence; or
(c) Conflicts with individual rights or these
rules.
(4) Individuals
who are placed in programs by a supervisory entity under ORS chapter 161 or
426, shall be given written information corresponding to each of their
applicable rights and processes as described in subsection (1) and (2) of this
section as part of the residency agreement.
(5) Providers are not required to obtain
signed agreements from individuals placed by a supervisory entity but must
document all efforts to engage the individual in plan development. Providers
must document in the individual's record the information that was provided to
the individual both orally and in writing. A copy of the residency agreement
and the order under which the individual is placed under ORS chapter 161 or 426
must be placed in the individual's record.
Statutes/Other Implemented: ORS
413.032,
443.400 -
443.465 &
443.991