Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 30 - IN-HOME SERVICES
Section 411-030-0033 - In-Home Service Living Arrangements
Universal Citation: OR Admin Rules 411-030-0033
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The following terms are used in this rule:
(a) "Informal arrangement" means a paid
or unpaid arrangement for shelter or utility costs that does not include the
elements of a property manager's rental agreement.
(b) "Property manager's rental agreement"
means a payment arrangement for shelter or utility costs with a property owner,
property manager, or landlord that includes all of the following elements:
(A) The name and contact information for the
property manager, landlord, or leaser.
(B) The period or term of the agreement and
method for terminating the agreement.
(C) The number of tenants or
occupants.
(D) The rental fee and
any other charges (such as security deposits).
(E) The frequency of payments (such as
monthly).
(F) What costs are
covered by the amount of rent charged (such as shelter, utilities, or other
expenses).
(G) The duties and
responsibilities of the property manager and the tenant, such as:
(i) The person responsible for
maintenance;
(ii) If the property
is furnished or unfurnished; and
(iii) Advance notice requirements prior to an
increase in rent.
(c) "Provider-owned dwelling" means a
dwelling that is owned by a provider or the provider's spouse, when the
provider is proposing to be paid for providing Medicaid home and
community-based services, and the provider or the provider's spouse is not
related to an individual by blood, marriage, or adoption. Provider-owned
dwellings include, but are not limited to:
(A) Houses, apartments, and
condominiums.
(B) A portion of a
house such as basement or a garage even when remodeled to be used as a separate
dwelling.
(C) Trailers and mobile
homes.
(D) Duplexes, unless the
structure displays a separate address from the other residential unit and was
originally built as a duplex.
(d) "Provider-rented dwelling" means a
dwelling that is rented or leased by a provider or the provider's spouse, when
the provider is proposing to be paid for providing Medicaid home and
community-based services, and the provider or the provider's spouse is not
related to an individual by blood, marriage, or adoption.
(2) An individual is eligible for Medicaid in-home services if the individual resides in a --
(a) Dwelling the individual owns or
rents;
(b) Provider-owned dwelling
and the individual's name is on the property deed, mortgage, or
title;
(c) Provider-rented dwelling
and the individual's name is on the property manager's rental
agreement;
(d) Dwelling, either
through an informal arrangement or property manager's rental agreement, owned
or rented by a relative as defined in OAR 411-030-0020.
(3) An individual is not eligible for Medicaid in-home services if the individual resides in a provider-owned or rented dwelling through an informal or formal arrangement or is residing in a provider owned, controlled or operated residential setting.
Statutory/Other Authority: ORS 409.050, 410.070 & 410.090
Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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