Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 435 - DEVELOPMENTAL DISABILITIES ANCILLARY SERVICES
Section 411-435-0040 - Conditions of Purchase

(a) Be of direct benefit to an individual.

(b) Authorized in an individual's ISP or Annual Plan consistent with OAR 411-415-0070 and tied to an identified need.

(c) Cost-effective. Items must be in new or certified refurbished in like-new condition.

(d) Purchased in accordance with the Expenditure Guidelines.

(a) A reimbursement to an individual, or the legal or designated representative or family member of the individual, for expenses related to ancillary services.

(b) An advance payment of funds to an individual, or the legal or designated representative or family member of the individual, to obtain ancillary services.

(c) Services, supports, materials, or activities that are illegal or in support of illegal conduct, experimental, or determined unsafe by the Department.

(d) Services or activities that are carried out in a manner that constitutes abuse as defined in OAR 411-317-0000.

(e) The purchase of a vehicle.

(f) Health and medical costs that the general public normally must pay including, but not limited to:

(g) Ambulance services.

(h) Legal fees.

(i) Services that do not meet:

(j) Services or items available through third-party payers or that supplant services or items available through third-party payers.

(k) Services or activities for which the legislative or executive branch of Oregon government has prohibited use of public funds.

(l) Services provided in a nursing facility, correctional institution, or hospital.

(m) Services when there is evidence to believe that an individual, a legal or designated representative of an individual (as applicable), or a provider, has engaged in fraud, misrepresentation, failed to use resources as agreed upon in an ISP or Annual Plan, refused to cooperate with documenting use of Department funds, or otherwise knowingly misused public funds associated with ancillary services.

(n) Items or services provided to a child that are necessary for a child of the same age without a disability or typical for a parent or guardian to provide.

(o) Services available through natural supports.

(p) A toy or outdoor play equipment that is not of direct benefit to an individual's identified support needs and does not meet the criteria in OAR 411-435-0050 for assistive devices or assistive technology.

(q) Items or services of general utility and not directly related to an individual's identified support needs.