Oregon Administrative Rules Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Oregon Administrative Rules (OAR) Chapter 411 is a very extensive and critical chapter within the Oregon Administrative Code, as it governs the Department of Human Services (DHS), specifically its Aging and People with Disabilities (APD) and Developmental Disabilities (DD) programs.
This chapter outlines the rules and regulations for a vast array of services, supports, and programs aimed at assisting older adults, adults with physical disabilities, and individuals with intellectual and developmental disabilities in Oregon. The overarching goal of these rules is to ensure that eligible individuals receive person-centered services that promote independence, choice, dignity, and quality of life within the community.
Given the broad scope, Chapter 411 is broken down into numerous Divisions, each addressing specific program areas. Here's a general overview of the types of topics and services you'd find covered:
Key Areas and Examples of Divisions within OAR Chapter 411:
General Administration and Procedures:
Division 1 - Administrative Rulemaking and Medicaid and Long-Term Care (MLTCQRAC) Notice Requirements: Covers the general processes for rule adoption and public notice.
Division 5 - Privacy of Protected Information: Rules on the confidentiality and disclosure of client information (e.g., HIPAA compliance).
Division 15 - Functional Assessments and Eligibility: Rules defining how individual needs are assessed and how eligibility for various services is determined (e.g., Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs)).
Home and Community-Based Services (HCBS): A significant portion of Chapter 411 focuses on programs that support individuals to live independently in their homes and communities, rather than in institutions.
Division 28 - Case Management Services: Rules for how case managers assist individuals in planning and coordinating their services.
Division 30 - In-Home Services: Rules governing personal care, home care, and other supports provided in a person's home.
Division 31 - Homecare Workers Enrolled in the Consumer-Employed Provider Program: Rules for individuals who directly employ their caregivers.
Division 32 - Oregon Project Independence (OPI): A state-funded program providing non-Medicaid in-home services.
Division 380 - Direct Nursing Services for Adults with Intellectual or Developmental Disabilities: Specific rules for in-home nursing care for individuals with complex medical needs.
Residential and Facility-Based Care:
Division 49, 50, 51 - Adult Foster Homes for Older Adults or Adults with Physical Disabilities: Detailed rules for the licensing, operation, and standards of care in adult foster homes.
Division 60 - Assisted Living Facilities and Residential Care Facilities: Regulations for these types of licensed care facilities.
Division 325 - 24-Hour Residential Programs and Settings for Children and Adults with Intellectual or Developmental Disabilities: Rules for residential settings for individuals with IDD.
Division 328 - Supported Living Programs for Adults with Intellectual or Developmental Disabilities: Standards for programs that help individuals with IDD live in their own homes with support.
Division 360 - Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities: Similar to Divs. 49-51, but specific to IDD.
Developmental Disabilities Services (ODDS):
Division 304 - Professional Behavior Services for Children and Adults with Intellectual or Developmental Disabilities: Rules for behavior intervention and support plans.
Division 305 - Family Support Services for Children: Programs to assist families raising children with IDD.
Division 318 - Individual Rights, Complaints, Notification of Planned Action, and Contested Case Hearings for Developmental Disabilities Services: Outlines client rights, complaint processes, and due process.
Division 320 - Community Developmental Disabilities Programs (CDDP): Rules governing the local programs responsible for coordinating IDD services.
Division 340 - Support Service Brokerages for Adults with Intellectual or Developmental Disabilities: Rules for brokerages that help individuals manage their services and budgets.
Division 345 - Employment Services for Individuals with Intellectual or Developmental Disabilities: Rules promoting integrated employment for individuals with IDD.
Financial and Medical Assistance:
While specific eligibility for Medicaid (Oregon Health Plan) is largely found in OAR Chapter 461 (Oregon Health Authority), Chapter 411 often includes rules about how certain services are funded through Medicaid waivers and state funds, and how they interact with other financial assistance programs.
Purpose of OAR Chapter 411:
The primary purpose of OAR Chapter 411 is to:
Implement State and Federal Law: Translate broad legislative mandates (e.g., ORS Chapters 409, 410, 427) into specific, enforceable rules for service delivery.
Ensure Quality and Safety: Establish standards for providers, facilities, and services to protect the health, safety, and well-being of vulnerable individuals.
Define Eligibility and Services: Clearly outline who is eligible for services and what types of services are available.
Promote Person-Centered Care: Emphasize individual choice, self-determination, and the development of plans that meet the unique needs and preferences of each person.
Provide Accountability: Set forth procedures for oversight, monitoring, investigations, and corrective actions for providers.
Support Independence and Community Integration: Guide the provision of services in a way that maximizes individuals' ability to live, work, and participate in their communities.
Where to find Oregon Administrative Rules Chapter 411:
Oregon Department of Human Services (DHS) Website: The most direct and up-to-date source. The APD and ODDS sections of the DHS website (e.g., oregon.gov/odhs/aging-disability-services/pages/default.aspx and oregon.gov/odhs/developmental-disabilities/Pages/default.aspx) will have links to their specific rules.
Oregon Secretary of State Website: The official repository for all Oregon Administrative Rules (rules.oregon.gov or secure.sos.state.or.us/oard). You can search for Chapter 411.
Legal Information Websites: Resources like Justia or Cornell Law School's Legal Information Institute (LII) also provide searchable databases of Oregon Administrative Rules.
It is crucial to refer to the most current version of these rules, as they are frequently updated to reflect changes in legislation, federal requirements, and program policies.
RELATED Blog
0 comments