Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 318 - INDIVIDUAL RIGHTS, COMPLAINTS, NOTIFICATION OF PLANNED ACTION, AND CONTESTED CASE HEARINGS FOR DEVELOPMENTAL DISABILITIES SERVICES
Section 411-318-0030 - Contested Case Hearings for Provider Notices of Involuntary Reductions, Transfers, or Exits
Current through Register Vol. 63, No. 3, March 1, 2024
(1) This rule applies to involuntary reductions, transfers, or exits by a provider, including a licensed or certified provider organization, who has a contract with the Department, CDDP, or Brokerage. This rule does not apply to providers who have a direct employer-employee relationship with an individual or the employer representative of the individual.
(2) The individual must be given the opportunity to dispute an involuntary reduction, transfer, or exit by requesting a hearing as provided in ORS chapter 183.
(3) An individual or the representative of the individual may request a hearing either orally or in writing when the individual and the representative of the individual receives a Notice of Involuntary Reduction, Transfer, or Exit (form 0719DD).
(4) Upon receipt of the Administrative Hearing Request form for a Notice of Involuntary Reduction, Transfer, or Exit, the Central Office of the Department must:
(5) OAH communicates directly with the claimant and the representative of the claimant regarding informal conference dates, hearing dates, and the Final Order as defined in OAR 137-003-0501 through 137-003-0655.
(6) If an individual or the representative of an individual requests a hearing within 15 calendar days of the issuance of the Notice of Involuntary Reduction, Transfer, or Exit, the individual must receive the same services until receipt of the Final Order.
(7) When an individual has been given less than 30 calendar days advanced written Notice of Involuntary Reduction, Transfer, or Exit due to a medical emergency or because the individual is engaging in behavior that poses an imminent danger to self or others, and the individual or the representative of the individual has requested a hearing as described in this rule, the provider must continue provision of service to the individual until receipt of the Final Order.
(8) An individual or the individual's representative may request an expedited hearing according to OAR 411-318-0025(4) when:
Statutory/Other Authority: ORS 409.050 & 427.107
Statutes/Other Implemented: ORS 183.411-183.471, 409.010, 427.107 & 427.109