Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 40 - ADULT FOSTER HOMES
Section 309-040-0394 - Residency Agreement
Universal Citation: OR Admin Rules 309-040-0394
Current through Register Vol. 63, No. 9, September 1, 2024
This rule become effective July 1, 2016, and is enforceable as described in OAR 309-040-0315(7).
(1) The provider shall enter into a written residency agreement with each individual or the individual's representative residing at the AFH consistent with the following:
(a) The written residency agreement shall be
signed by the provider and the individual or the individual's representative
prior to or at the time of admission;
(b) The provider shall provide a copy of the
signed agreement to the individual or the individual's representative and shall
retain the original signed agreement within the individual's individual record;
(c) The provider shall give
written notice to an individual and the individual's 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 following:
(a) The
room and board rate describing the estimated public and private pay portions of
the rate:
(A) Where 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 re-signed by all the
applicable parties.
(b)
Services and supports to be provided in exchange for payment of the room and
board rate;
(c) Conditions under
which the provider may change the rates;
(d) 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 home;
(e) A statement indicating that
the individual is not liable for damages considered normal wear and tear;
(f) The provider's policies on
voluntary moves and whether or not the provider requires written notification
of a non-Medicaid individual's intent to not return;
(g) The potential reasons for involuntary
termination of residency in compliance with this rule and individual's rights
regarding the eviction and appeal process as outlined in OAR
309-040-0410;
(h) Any policies the provider may have on the
use of alcohol, cannabis, and illegal drugs of abuse;
(i) Smoking policies in compliance with the
Tobacco Freedom Policy established by the Division;
(j) Policy addressing pet and service
animals. The provider may not restrict animals that provide assistance or
perform tasks for the benefit of an individual with a disability. Such animals
are often referred to as service animals, assistance animals, support animals,
therapy animals, companion animals, or emotional support animals.
(k) Policy regarding the presence and use of
legal medical and recreational marijuana at the home;
(L) Schedule of meal times. The provider may
not schedule meals with more than a 14-hour span between the evening meal and
the following morning's meal consistent with OAR
411-050-0645);
(m) Policy regarding refunds for individuals
eligible for Medicaid services, including prorating partial months, and if the
room and board is refundable;
(n)
Any house rules or social covenants required by the provider that may be
included in the agreement or as an addendum;
(o) Statement informing the individual of the
freedoms authorized by
42 CFR
441.301(c)(2) (xiii) &
42 CFR
441.530(a)(1)(vi)(F), which
may not be limited without the informed, written consent of the individual and
include the right to:
(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
provision or asks or requires the individual to waive any of the individual's
rights or the licensee's liability for negligence; or
(c) Conflicts with individual rights or these
rules.
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
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