Current through Register Vol. 63, No. 9, September 1, 2024
This rule becomes effective July 1, 2016, and is enforceable as
described in OAR 309-040-0315(7).
(1) Each AFH shall have all of the
following:
(a) The home shall be integrated
in and supports the same degree of access to the greater community as people
not receiving HCBS, including opportunities for an individual to:
(A) Seek employment and work in competitive
integrated employment settings;
(B)
Engage in greater community life;
(C) Control personal resources; and
(D) Receive services in the greater
community.
(b) The
individual selects the AFH from among available setting options, including
non-disability specific settings and an option for a private unit in a
residential setting. The setting options must be:
(A) Identified and documented in the
individual's person-centered service plan;
(B) Based on the individual's needs and
preferences; and
(C) Based on the
individual's available resources for room and board.
(c) The AFH shall ensure individual rights of
privacy, dignity, respect, and freedom from coercion and restraint;
(d) The AFH shall optimize, but 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;
(e) The AFH shall facilitate individual
choice regarding services and supports and who provides the services and
supports.
(2) The
provider shall maintain the AFH as follows:
(a) The home shall be physically accessible
to each individual;
(b) The
provider shall provide the individual with 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 the State 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 ensure that each individual has privacy in their own unit;
(e) The provider shall maintain
units with entrance doors lockable by the individual and ensure that only the
individual, the individual's roommate, and only appropriate staff, as described
in the individual's person-centered service 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 that
individuals have the freedom to decorate and furnish their unit as agreed to
within the Residency Agreement;
(h)
The provider shall permit 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;
(j) The
provider shall ensure each individual has the freedom and support to have
access to food at any time.
(3) The provider shall take reasonable steps
to ensure that the program maintains the qualities identified in this rule.
Failure to take reasonable steps may include, but is not limited to, failure
to:
(a) Maintain a copy of the
person-centered service plan at the home;
(b) Cooperate or provide necessary
information to the person-centered service plan coordinator; or
(c) Attend or schedule a person-centered
planning meeting when necessary.
(4) When a provider is unable to ensure the
qualities as outlined in section (2)(d) through (2)(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 individual's consent through the
process outlined in OAR
309-040-0393. The provider may
not apply an individually-based limitation until the limitation is approved and
documented as required by OAR
309-040-0393.
Stat. Auth.: ORS
413.042,
413.032
Stats. Implemented: ORS
413.085,
443.705 -
443.825
