Or. Admin. R. 411-032-0044 - Fees for Service and Fees for Service Schedule

(1) Fee for Services:
(a) A $5 annual minimum fee will be applied to all individuals receiving OPI services who have adjusted income levels at or below federal poverty level. The fee is due at the time eligibility for OPI service has been determined and for each 12 month subsequent reassessment. This fee does not apply to home-delivered meals.
(b) Fees for service will be charged based on a sliding fee schedule to all eligible individuals whose annual income exceeds the minimum, as established by the Department. No fees for service will be charged for Home Delivered Meals or case management services. For purposes of these rules, an individual's gross annual income will include:
(A) Salaries from the household;
(B) Interest and dividends from the household;
(C) Pensions, annuities, Social Security and railroad retirement benefits from the household; and
(D) Any other income from the household.
(i) All medical costs, including prescription drugs that are the responsibility of the household, may be deducted from the individual's gross annual income.
(ii) All child support paid by a non-custodial parent may be deducted from the individual's gross annual income.
(c) A recommended donation will be established for OPI-funded Home Delivered Meals and implemented in the same manner as for the Older Americans Act meal programs.
(d) Individuals will receive written notification of the hourly and maximum monthly fee for service upon initial service determination and whenever there is a change.
(e) Area agencies will develop procedures for assessing, billing, collecting, and expending fees.
(A) The Area Agency will establish a written policy addressing individual non-payment of fees to be reviewed and approved in the agency area plan.
(B) Individuals will be given a copy of the agency policy pertaining to individual non-payment of fees upon initial eligibility determination.
(C) The decision to terminate Oregon Project Independence services for non-payment of assessed fees for service will be the responsibility of the local area agency.
(f) A record of surcharges and all fees for service will be kept by each area agency and reported monthly to the Department.
(A) Annual minimum fees and fee for service determination forms will be a part of each individual's case record. Fee for service determination forms will meet minimum requirements for documentation, as established by the Department.
(B) The maximum monthly authorized fee for services will be recorded on each individual's Oregon ACCESS record upon initial service determination and at least annually thereafter, at time of reassessment.
(g) Nothing in these rules will prevent Oregon Project Independence individuals, or his or her family, from making a donation or contribution. Such donations will also be used to expand services under Oregon Project Independence. Expansion of services will be limited to services authorized in OAR 411-032-0010(1)(a) as identified in the agency's area plan.
(h) The minimum annual fee and all fees for service will be used to expand services under Oregon Project Independence. Expansion of services will be limited to services authorized in OAR 411-032-0010(1)(a) as identified in the agency's area plan.
(i) Area agencies and providers will not be required to make a second attempt to collect Oregon Project Independence fees of $5.00 or less.
(2) Fee for Service Schedule.
(a) The Department, after consultation with the Area Agencies, will develop and publish a fee schedule for services based on the federal poverty level and distribute the schedule to the area agencies annually.
(b) The fee for service schedule will be applied to the local rate specific to the service and the type of provider for the individual.
(c) Fees for OPI services start at the federal poverty level net monthly income and increase by approximately $25 income increments up to 200% of the federal poverty level. Families with net monthly incomes over 200% of the federal poverty level will pay the full hourly rate of services provided.

Notes

Or. Admin. R. 411-032-0044
SSD 15-1985, f. 12-31-85, ef. 1-1-86; SSD 9-1988, f. & cert. ef. 8-1-88; SSD 13-1989, f. & cert. ef. 9-1-89; SSD 19-1989(Temp), f. 12-29-89, cert. ef. 1-1-90; SSD 5-1990, f. & cert. ef. 2-1-90; SSD-11-1990(Temp), f. & cert. ef. 4-27-90; SSD 17-1990, f. & cert. ef. 8-20-90; SSD 11-1991, f. & cert. ef. 6-14-91; SSD 11-1993, f. 12-30-93, cert. ef. 1-1-94; SSD 3-1997, f. 11-28-97, cert. ef. 12-1-97; SDSD 9-2002(Temp), f. & cert. ef. 11-1-02 thru 4-29-03; SPD 11-2003, f. & cert. ef. 5-2-03; SPD 18-2004, f. & cert. ef. 5-28-04; SPD 29-2006, f. 10-23-06, cert. ef. 11-1-06

Stat. Auth.: ORS 410.470

Stats. Implemented: ORS 410.470

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