Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 325 - 24-HOUR RESIDENTIAL PROGRAMS AND SETTINGS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
Section 411-325-0300 - Residency Agreements, Individual Rights, Complaints, Notification of Planned Action, and Hearings
Universal Citation: OR Admin Rules 411-325-0300
Current through Register Vol. 63, No. 3, March 1, 2024
(1) RESIDENCY AGREEMENTS.
(a) A provider must
enter into a written Residency Agreement with each individual specifying, at a
minimum, the following:
(A) The rights and
responsibilities of the individual and the provider; and
(B) The eviction process, notice
requirements, and appeal rights available to each individual.
(b) The Residency Agreement may
not violate the rights of an individual as stated in OAR
411-318-0010.
(c) The Residency
Agreement may not be in conflict with any of these rules, the certification and
endorsement rules in OAR chapter 411, division 323, or the home and
community-based services and settings rules in OAR chapter 411, division
004.
(d) Prior to implementing
changes to the Residency Agreement, the Residency Agreement may be subject to
review by the Department or the designee of the Department.
(e) A provider must review and provide a copy
of the Residency Agreement to each individual, and as applicable the legal
representative of each individual, at the time of entry and at least 90
calendar days prior to implementing any changes to the Residency Agreement.
(A) The review must be documented by having
each individual, or as applicable the legal representative of each individual,
sign and date a copy of the Residency Agreement.
(B) A copy of the signed and dated Residency
Agreement must be maintained in each individual's record.
(2) INDIVIDUAL RIGHTS.
(a) A provider must protect the rights of
individuals described in OAR 411-318-0010 and encourage and assist individuals
to understand and exercise these rights.
(b) Upon entry and request and annually
thereafter, the individual rights described in OAR 411-318-0010 must be
provided to an individual and the legal or designated representative of the
individual (as applicable).
(c) The
individual rights apply to all individuals eligible for or receiving
developmental disabilities services. A parent or guardian may place reasonable
limitations on the rights of a child.
(3) COMPLAINTS.
(a) Complaints by or on behalf of individuals
must be addressed in accordance with OAR 411-318-0015.
(b) Upon entry and request and annually
thereafter, the policy and procedures for complaints must be explained and
provided to an individual and the legal or designated representative of the
individual (as applicable).
(4) NOTIFICATION OF PLANNED ACTION. In the event a developmental disabilities service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action (form 0947) must be provided as described in OAR 411-318-0020.
(5) HEARINGS.
(a) Hearings must be addressed in accordance
with ORS chapter 183 and OAR 411-318-0025.
(b) An individual may request a hearing as
provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction,
suspension, or termination or OAR 411-318-0030 for an involuntary reduction,
transfer, or exit.
(c) Upon entry
and request and annually thereafter, a notice of hearing rights and the policy
and procedures for hearings must be explained and provided to an individual and
the legal or designated representative of the individual (as
applicable).
Statutory/Other Authority:ORS 409.050, 441.715, 443.450 & 443.455
Statutes/Other Implemented:ORS 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991
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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