Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 323 - AGENCY CERTIFICATION AND ENDORSEMENT TO DELIVER DEVELOPMENTAL DISABILITIES SERVICES IN COMMUNITY-BASED SETTINGS
Section 411-323-0020 - Definitions and Acronyms

(1) "Advisory Letter" means a written notification from the Department that informs an agency of a violation, or possible violation, and requirements to correct the violation or offer evidence that there is no violation.

(2) "Agency" means a public or private community organization that is formed to deliver developmental disabilities services and is certified and endorsed by the Department under these rules that:

(3) "Agency Application" is the form required by the Department to apply for Medicaid certification.

(4) "Applicant" means:

(5) "Audit" means an inspection completed by a Certified Public Accountant using standards and accepted practices of accounting.

(6) "Board of Directors" means the group of people formed to set policy and give directions to an agency designed to provide services to individuals with intellectual or developmental disabilities. A board of directors may include local advisory boards used by multi-state organizations.

(7) "CDDP" means "Community Developmental Disabilities Program" as defined in OAR 411-317-0000.

(8) "Certificate" means the document issued by the Department to an agency that certifies the agency is qualified to seek endorsement to deliver a program service.

(9) "Complete Application" means the submission of all information and documentation required by the Department to make a decision to approve or deny a certificate described in OAR 411-323-0030(3)(b) or endorsement described in OAR 411-323-0030(4)(b).

(10) "Denial" means the refusal, after submission of an application, by the Department to issue a certificate or endorsement.

(11) "DOJ MFCU" means the Oregon Department of Justice, Medicaid Fraud Control Unit.

(12) "Endorsement" means the authorization of an agency with a current certificate to deliver a program service.

(13) "Executive Director" means the person designated by the board of directors or entity of an agency that is responsible for the administration of the services delivered by the agency.

(14) "Informal Conference" means the discussion between the Department and an applicant or an agency that is held prior to a hearing to address any matters pertaining to the hearing. An administrative law judge does not participate in an informal conference.

(15) "Initial Application" means an application for a certificate following a period of no less than twelve months when an applicant did not hold a current certificate.

(16) "ISP" means "Individual Support Plan"" as defined in OAR 411-317-0000.

(17) "Managing Employee" means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts the day-to-day operation of an entire organization or agency or the operations of the agency within Oregon.

(18) "ODDS" means the Oregon Department of Human Services, Office of Developmental Disabilities Services.

(19) "OTIS" means the Oregon Department of Human Services, Office of Training, Investigations, and Safety.

(20) "Ownership Interest" means, as defined in 42 CFR 455.101, the possession of equity in the capital, the stock, or the profits of the disclosing entity as determined by 42 CFR 455.102.

(21) "Ownership or Control Interest" means a person or entity that:

(22) "Plan of Correction" means a document developed by an agency that describes the actions the agency will take to correct violations and specifies the date by which those violations will be corrected.

(23) "Program Rules" mean the following rules:

(24) "Program Service" means a service delivered by an agency as described in:

(25) "Provider Enrollment Agreement" means the agreement between the Department and a qualified Medicaid provider to deliver services to a Medicaid eligible individual for compensation.

(26) "Revocation" means the action taken by the Department to rescind a certificate or endorsement in accordance with OAR 411-323-0033(3).

(27) "Serious Incident" is defined in OAR 411-317-0000.

(28) "Serious Violation Letter" means a written notification from the Department that informs an agency of a violation which poses a substantial risk to health and safety to any person and the necessary steps for correcting the violations as determined by the Department.

(29) "Support Document" means a written strategy intended to mitigate an identified risk. Support documents include, but are not limited to, protocols and professional behavior support plans.

(30) "Suspension" means an immediate temporary withdrawal of the:

(31) "These Rules" mean the rules in OAR chapter 411, division 323.

(32) "Violation" means a determination by the Department or Oregon Health Authority that an agency is not in compliance with any of the following: