Or. Admin. R. 411-305-0235 - Supports and Services

(1) Family support funds may be used to purchase a combination of the following supports and services:

(a) ASSISTIVE DEVICES. Assistive devices must be authorized in accordance with OAR 411-435-0050 and may not exceed the maximum limit established annually per child as described in OAR 411-305-0230.

(b) ASSISTIVE TECHNOLOGY. Assistive technology must be authorized in accordance with OAR 411-435-0050 and may not exceed the maximum limit established annually per child as described in OAR 411-305-0230.

(c) ATTENDANT CARE. Attendant care must be delivered in accordance with OAR 411-450-0060.

(d) COMMUNITY INCLUSION. Community inclusion must be authorized in accordance with section (2) of this rule.

(e) COMMUNITY TRANSPORTATION. Community transportation must be authorized in accordance with OAR 411-435-0050 and may not exceed the maximum limit established annually per child as described in OAR 411-305-0230.

(f) ENVIRONMENTAL MODIFICATIONS. Environmental modifications must be authorized in accordance with OAR 411-435-0050 and may not exceed the maximum limit established annually per child as described in OAR 411-305-0230.

(g) ENVIRONMENTAL SAFETY MODIFICATIONS. Environmental safety modifications must be authorized in accordance with OAR 411-435-0060(3)(b) through (q) and may not exceed the maximum limit established annually per child as described in OAR 411-305-0230.

(h) FAMILY TRAINING. Family training must be authorized in accordance with OAR 411-435-0060(2)(b) through (d).

(i) PROFESSIONAL BEHAVIOR SERVICES. Professional behavior services must be delivered in accordance with OAR chapter 411, division 304.

(j) RESPITE. Respite must be authorized in accordance with section (3) of this rule.

(k) SKILLS TRAINING. Skills training must be authorized in accordance with OAR 411-450-0060.

(l) SPECIALIZED MEDICAL SUPPLIES. Specialized medical supplies must be authorized in accordance with OAR 411-435-0060, except for the general eligibility criteria in OAR 411-435-0030.

(2) COMMUNITY INCLUSION. Community inclusion supports encourage a child to participate in organized group recreation and leisure activities that assist the child to acquire, retain, or improve skills that enhance independence and integration.

(a) Community inclusion supports purchased with family support funds include the following:

(A) Cost of individualized provider support required by the child to participate in an organized activity.

(B) The participation fee or registration cost of an organized activity meets the purpose of community inclusion and the supports are identified in the Annual Plan. Costs may be up to a maximum of $150 per plan year.

(b) Community inclusion supports exclude the following:

(A) Supports that replace normal family roles and responsibilities in the acquisition and retention of communication, socialization, recreation, and self-help skills of the child.

(B) Supports that replace normal family responsibility for child care while the primary caregiver works or goes to school.

(C) Educational and supportive services provided by schools as part of a free and appropriate public education for children under the Individuals with Disabilities Education Act.

(D) Child care as defined under OAR 414-300-0005 for certified child care centers, OAR 414-350-0010 for certified family child care homes, or OAR 414-205-0010 for registered family child care homes, while the primary caregiver works or goes to school.

(E) Tuition to private schools or payment of programs or services in lieu of public school.

(F) Private lessons or memberships.

(c) Community inclusion supports must be provided by an independent provider or a provider agency according to the provider standards described in OAR 411-305-0240, if supports are not for participation fees or registration costs.

RESPITE. Respite is provided on a periodic or intermittent basis for the short-term relief of a primary caregiver from the demands of providing the ongoing care for a child with an intellectual or developmental disability.

(a) Respite may include both hourly and daily services provided in any of the following settings:

(A) The family home.

(B) A licensed or certified setting.

(C) The home of a qualified provider, chosen by the parent or legal representative, that is a safe setting for the child.

(D) The community.

(b) Respite is not authorized for the following:

(A) Solely to allow the primary caregiver to attend school or work.

(B) For vacation travel and lodging expenses.

(C) To pay for room and board.

(c) Respite must be provided by an independent provider or a provider agency according to the provider standards described in OAR 411-305-0240.

Notes

Or. Admin. R. 411-305-0235

Renumbered from 411-305-0120, APD 43-2016, f. 12-16-16, cert. ef. 1/1/2017; APD 29-2017, amend filed 11/30/2017, effective 12/1/2017

Statutory/Other Authority: ORS 409.050, 417.346, 427.104 & 430.662

Statutes/Other Implemented: ORS 417.340-417.344, 417.346-417.350, 427.005, 427.007, 427.104, 430.610, 430.620 & 430.662-430.670