Or. Admin. R. 309-040-0307 - Required Home-like Qualities
This rule becomes effective July 1, 2016, and is enforceable as described in OAR 309-040-0315(7).
(1) Each AFH shall have all of the following:
(a) The home shall be integrated in and supports the same degree of access to the greater community as people not receiving HCBS, including opportunities for an individual to:
(A) Seek employment and work in competitive integrated employment settings;
(B) Engage in greater community life;
(C) Control personal resources; and
(D) Receive services in the greater community.
(b) The individual selects the AFH from among available setting options, including non-disability specific settings and an option for a private unit in a residential setting. The setting options must be:
(A) Identified and documented in the individual's person-centered service plan;
(B) Based on the individual's needs and preferences; and
(C) Based on the individual's available resources for room and board.
(c) The AFH shall ensure individual rights of privacy, dignity, respect, and freedom from coercion and restraint;
(d) The AFH shall optimize, but not regiment, individual initiative, autonomy, self-direction, and independence in making life choices including but not limited to daily activities, physical environment, and with whom to interact;
(e) The AFH shall facilitate individual choice regarding services and supports and who provides the services and supports.
(2) The provider shall maintain the AFH as follows:
(a) The home shall be physically accessible to each individual;
(b) The provider shall provide the individual with a unit of specific physical place that the individual may own, rent, or occupy under a legally enforceable residency agreement;
(c) The provider shall provide and include in the residency agreement that the individual has, at a minimum, the same responsibilities and protections from an eviction that a tenant has under the landlord-tenant law of the State of Oregon and other applicable laws or rules of the county, city, or other designated entity. For a setting in which landlord-tenant laws do not apply, the residency agreement shall provide substantially equivalent protections for the individual and address eviction and appeal processes. The eviction and appeal processes shall be substantially equivalent to the processes provided under landlord-tenant laws;
(d) The provider shall ensure that each individual has privacy in their own unit;
(e) The provider shall maintain units with entrance doors lockable by the individual and ensure that only the individual, the individual's roommate, and only appropriate staff, as described in the individual's person-centered service plan, have keys to access the unit;
(f) The provider shall ensure that individuals sharing units have a choice of roommates;
(g) The provider shall provide that individuals have the freedom to decorate and furnish their unit as agreed to within the Residency Agreement;
(h) The provider shall permit each individual to have visitors of their choosing at any time;
(i) The provider shall ensure each individual has the freedom and support to control their own schedule and activities;
(j) The provider shall ensure each individual has the freedom and support to have access to food at any time.
(3) The provider shall take reasonable steps to ensure that the program maintains the qualities identified in this rule. Failure to take reasonable steps may include, but is not limited to, failure to:
(a) Maintain a copy of the person-centered service plan at the home;
(b) Cooperate or provide necessary information to the person-centered service plan coordinator; or
(c) Attend or schedule a person-centered planning meeting when necessary.
(4) When a provider is unable to ensure the qualities as outlined in section (2)(d) through (2)(j) of this rule due to threats to the health and safety of the individual or others, the provider may seek an individually-based limitation with the individual's consent through the process outlined in OAR 309-040-0393. The provider may not apply an individually-based limitation until the limitation is approved and documented as required by OAR 309-040-0393.
Stat. Auth.: ORS 413.042, 413.032
Stats. Implemented: ORS 413.085, 443.705 - 443.825
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