Or. Admin. R. 411-030-0080 - Spousal Pay Program

(1) The Spousal Pay Program is one of the hourly service options under in-home services for those who qualify.
(2) ELIGIBILITY. An individual may be eligible for the Spousal Pay Program when all of the following conditions are met:
(a) The individual has met all eligibility requirements for in-home services as described in OAR 411-030-0040.
(b) The individual requires full assistance in at least four of the six ADLs described in OAR 411-015-0006 as determined by the assessment described in OAR chapter 411, division 015.
(c) A debilitating medical condition including, but is not limited to, any of the following:
(A) Cachexia;
(B) Severe neuropathy;
(C) Coma;
(D) Persistent or reoccurring stage three or four wounds;
(E) Late stage cancer;
(F) Frequent and unpredictable seizures;
(G) Debilitating muscle spasms; or
(H) A spinal cord injury or similar disability with permanent impairment.
(d) The individual would otherwise require nursing facility services without Medicaid in-home services.
(e)The individual's service needs exceed in both extent and duration the usual and customary services rendered by one spouse to another.
(f) The spouse demonstrates the capability and health to provide the services and actually provides the principal services, including the majority of service plan hours, for which payment has been authorized.
(g) The spouse meets all requirements for enrollment as a homecare worker in the Consumer-Employed Provider Program as described in OAR 411-031-0040.
(h) The spouse is not designated as a representative as described in OAR 411-030-0040.
(i) The Department has reviewed the request and approved program eligibility at enrollment and annually upon re-assessment.
(3) PAYMENTS.
(a) All payments must be prior authorized by the Department or the Department's designee.
(b) The hours authorized to the spousal pay provider in an individual's service plan must consist of one-half of the assessed hours for IADLs and all of the hours for specific ADLs based on the service needs of the individual.
(c) Except as described otherwise in subsection (d) of this section, spousal pay providers are paid at hourly homecare worker rates for ADLs and IADLs as defined in the rate schedule.
(d) Homecare workers who marry their consumer-employer are not paid under the spousal pay program. Service plans are based on the needs of the consumer. Hours assigned must reflect the service needs with no reduction in hours. The consumer does not need to meet the spousal pay eligibility criteria as described in section (3) of this rule. Hours authorized in CA/PS will be completed in the same manner as other in-home service plans, which include hourly or Independent Choices Program.
(e) Spousal pay providers may not claim payment from the Department for hours that the spousal pay provider did not work.
(f) A spousal pay HCW may not act as the consumer-employer.
(4) Spousal pay providers are subject to the provisions in OAR chapter 411, division 031 governing homecare workers enrolled in the Consumer-Employed Provider Program.
(5) Individuals receiving Spousal Pay Program services who have excess income must contribute to the cost of services pursuant to OAR 461-160-0610 and OAR 461-160-0620.

Notes

Or. Admin. R. 411-030-0080
SSD 4-1984, f. 4-27-84, ef. 5-1-84; SSD 3-1985, f. & ef. 4-1-85; SSD 4-1993, f. 4-30-93, cert. ef. 6-1-93, Renumbered from 411-030-0027; SDSD 2-2000, f. 3-27-00, cert. ef. 4-1-00; SPD 2-2003(Temp), f. 1-31-03, cert. ef. 2-1-03 thru 7-30-03; SPD 14-2003, f. & cert. ef. 7-31-03; SPD 15-2003 f. & cert. ef. 9-30-03; SPD 15-2004, f. 5-28-04, cert. ef. 6-7-04; SPD 20-2006, f. 5-26-06, cert. ef. 6-1-06; SPD 3-2007(Temp), f. 4-11-07, cert. ef. 5-1-07 thru 10-28-07; SPD 17-2007, f. 10-26-07, cert. ef. 10-28-07; SPD 15-2008, f. 12-26-08, cert. ef. 1-1-09; SPD 13-2012(Temp), f. & cert. ef. 9-26-12 thru 3-25-13; SPD 4-2013, f. 3-25-13, cert. ef. 3-26-13; SPD 10-2013(Temp), f. & cert. ef. 5-23-13 thru 11-19-13; SPD 43-2013, f. 10-31-13, cert. ef. 11-1-13; APD 5-2016, f. 3-15-16, cert. ef. 3/18/2016; APD 21-2017, temporary adopt filed 09/29/2017, effective 10/01/2017 through 01/27/2018; APD 18-2017(Temp), f. & cert. ef. 8-1-17 thru 1-27-18; APD 3-2018, amend filed 01/27/2018, effective 1/28/2018

Statutory/Other Authority: ORS 409.050, 410.070 & 410.090

Statutes/Other Implemented: ORS 410.010, 410.020, 410.070, 411.802 & 411.803

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