In addition to the following definitions, OAR
411-317-0000 includes general
definitions for words and terms frequently used in OAR chapter 411, division
320. If a word or term is defined differently in OAR
411-317-0000, the definition in
this rule applies.
(1) "ABAS" means
Adaptive Behavior Assessment System.
(2) "ABES" means Adaptive Behavior Evaluation
Scale.
(3) "Adaptive Behavior"
means the degree to which an individual meets the standards of personal
independence and social responsibility expected for age and culture group.
Other terms used to describe adaptive behavior include, but are not limited to,
adaptive impairment, ability to function, daily living skills, and adaptive
functioning. Adaptive behaviors are everyday living skills including, but not
limited to, walking (mobility), talking (communication), getting dressed or
toileting (self-care), going to school or work (community use), and making
choices (self-direction).
(a) Adaptive
behavior is measured by normed, standardized tests administered by a licensed
clinical psychologist, school psychologist, doctor of medicine, or doctor of
osteopathic medicine with specific training and experience in test
interpretation of adaptive behavior scales for individuals with intellectual or
developmental disabilities. An assessment of adaptive behavior is used to
determine if a person has significant impairment in adaptive behavior as
required in eligibility criteria OAR
411-320-0080(3) and
(4). Additionally, an assessment of adaptive
behavior is used to determine if a person is eligible as a person with an other
developmental disability by demonstrating the person requires supports similar
to a person with an intellectual disability as described in OAR
411-320-0080(4).
Assessments of adaptive behavior include the following:
(A) Adaptive Behavior Assessment System
(ABAS);
(B) Adaptive Behavior
Evaluation Scale (ABES);
(C)
Vineland Adaptive Behavior Scale (VABS); or
(D) Other assessments approved by the
Department that are designed to measure adaptive behavior, standardized and
normed to a population consistent with people who experience an intellectual or
developmental disability.
(b) DOMAIN SCORES. Adaptive behavior domain
scores are identified on the following assessments of adaptive behavior:
(A) The ABAS and ABES are:
(i) Conceptual;
(ii) Practical; and
(iii) Social.
(B) The VABS are:
(i) Socialization;
(ii) Daily living skills;
(iii) Communication; and
(iv) Motor.
(c) COMPOSITE SCORE. The adaptive behavior
composite score is the overall score which results from summing two or more
domain scores on a given assessment of adaptive behavior.
(d) SKILLED AREAS. Skilled areas are a
particular assessed score. The skilled areas on the ABAS or ABES are the only
skilled areas used for the purposes of OAR
411-320-0080 and include scaled
scores in:
(A) Communication;
(B) Functional academics;
(C) Self-direction;
(D) Leisure;
(E) Social;
(F) Community use;
(G) Home and school living;
(H) Self-care;
(I) Health and safety; and
(J) Work.
(e) "Significant impairment" in adaptive
behavior means:
(A) A composite score of at
least two standard deviations below the norm; or
(B) Two or more domain scores, as identified
in subsection (b) of this section, are at least two standard deviations below
the norm; or
(C) Two or more
skilled areas, as identified in subsection (d) of this section, are at least
two standard deviations below the norm.
(4) "CAM" means "Centralized Abuse
Management" as defined in OAR
411-317-0000.
(5) "CDDP" means "Community Developmental
Disabilities Program" as defined in OAR
411-317-0000.
(6) "CIIS" means "Children's Intensive
In-Home Services" as defined in OAR
411-317-0000 and described in
OAR chapter 411, division 300.
(7)
"CMS" means "Centers for Medicare and Medicaid Services" as defined in OAR
411-317-0000.
(8) "Completed Application" means an
application required by the Department that:
(a) Is filled out accurately based on
individual information, signed, and dated. An applicant who is unable to sign
may sign with a mark, witnessed by another person; and
(b) Contains documentation required to make
an eligibility determination as outlined in OAR
411-320-0080.
(9) "Composite Score" means the
score identified by an assessment of adaptive behavior as described in the
definition for "adaptive behavior".
(10) "County of Origin" means:
(a) For an adult, the county of residence for
the adult; and
(b) For a child, the
county where the jurisdiction of legal guardianship exists.
(11) "Current Documentation" means
documentation related to the intellectual or developmental disabilities of an
individual in regards to the functioning of the individual within three years
from the date of application or Notice of Redetermination (form 5101). Current
documentation may include, but is not limited to, an ISP, Annual Plan, Positive
Behavior Support Plan, required assessments, educational records, medical
assessments related to the intellectual or developmental disabilities of an
individual, psychological evaluations, and assessments of adaptive
behavior.
(12) "Developmental
Disability" means a neurological condition that:
(a) Originates before an individual is 22
years of age;
(b) Originates in and
directly affects the brain and has continued, or is expected to continue,
indefinitely;
(c) Constitutes
significant impairment in adaptive behavior as diagnosed and measured by a
qualified professional as described in OAR
411-320-0080;
(d) Is not primarily attributed to other
conditions including, but not limited to, a mental or emotional disorder,
sensory impairment, motor impairment, substance abuse, personality disorder,
learning disability, or Attention Deficit Hyperactivity Disorder (ADHD);
and
(e) Requires training and
support similar to an individual with an intellectual disability as described
in OAR
411-320-0080.
(13) "Domain Score" means the
score identified by an assessment of adaptive behavior as described in the
definition for "adaptive behavior".
(14) "Eligibility Determination" means the
decision by a CDDP or by the Department regarding the eligibility of a person
for developmental disabilities services according to OAR
411-320-0080 and is either a
decision that a person is eligible, presumptively eligible, or ineligible for
developmental disabilities services.
(15) "Eligibility Specialist" means an
employee of the CDDP, or other agency that contracts with the county or
Department, that determines eligibility for developmental disabilities
services.
(16) "FSIQ" means the
full scale intelligence quotient. FSIQ is a broad measure of intelligence
achieved through administration of a standardized intelligence test that is
accepted by the Department for an eligibility determination. Any standard error
of measurement value is not taken into consideration when making an eligibility
determination. FSIQs obtained from administration of brief intelligence tests
are not considered valid FSIQ scores when making an eligibility
determination.
(17) "History"
means, for the purposes of an eligibility determination as defined in this
rule, necessary evidence of an intellectual disability prior to 18 years of age
or an other developmental disability prior to 22 years of age, including
previous assessments and medical evaluations prior to the date of eligibility
determination for developmental disabilities services.
(18) "HSD" means the Health Systems Division,
Medical Assistance Programs under the Oregon Health Authority.
(19) "IEP" means "Individualized Education
Program" as defined in OAR
411-317-0000.
(20) "Indefinitely" means a condition or
impairment that is likely to be permanent, as determined by a qualified
professional.
(21) "Informal
Adaptive Behavior Assessment" means:
(a)
Observations of impairment in adaptive behavior recorded in the progress notes
for an individual by a services coordinator, personal agent, or a trained
eligibility specialist with at least two years of experience working with
individuals with intellectual or developmental disabilities; or
(b) A standardized measurement of adaptive
behavior, such as a Vineland Adaptive Behavior Scale (VABS) or Adaptive
Behavior Assessment System (ABAS), that is administered and scored by a social
worker or other professional with a graduate degree and specific training and
experience in individual assessment, administration, and test interpretation of
adaptive behavior scales for individuals with intellectual or developmental
disabilities.
(22)
"Intake" means the activity of completing the Request for Eligibility
Determination (form 0552) and necessary releases of information prior to the
submission of a completed application to the CDDP.
(23) "Intellectual Disability (ID)" means
significantly sub average general intellectual functioning defined as full
scale intelligence quotients (FSIQs) 70 and under, as measured by a qualified
professional, and existing concurrently with significant impairment in adaptive
behavior directly related to an intellectual disability as described in OAR
411-320-0080 that manifested
prior to an individual's 18th birthday. An individual with a diagnosis of
intellectual disability that manifested prior to the individual's 18th birthday
and who has a valid FSIQ of 71-75, may be considered to have an intellectual
disability if the individual also has significant impairment in adaptive
behavior directly related to the intellectual disability as diagnosed and
measured by a licensed clinical or school psychologist as described in OAR
411-320-0080.
(24) "Intellectual Functioning" means
functioning as assessed by one or more of the individually administered general
intelligence tests developed for the purpose of measuring intelligence. For
purposes of making eligibility determinations, intelligence tests do not
include brief intelligence measurements.
(25) "Intelligence Tests" approved by the
Department include:
(a) Wechsler Intelligence
Scales;
(b) Stanford-Binet
Intelligence Scale;
(c)
Woodcock-Johnson Test of Cognitive Abilities; or
(d) Any other intelligence assessment
approved by the Department that are designed to measure intelligence quotients,
standardized and normed to a population consistent with people who experience
an intellectual or developmental disability. Brief measures of intelligence
quotients are not accepted, including brief tests such as the Kaufman Brief
Intelligence Test (K-BIT), Weschler Abbreviated Scale of Intelligence (WASI),
or tests that only administer part of a full assessment.
(26) "IQ" means intelligence
quotient.
(27) "ISP" means
"Individual Support Plan" as defined in OAR
411-317-0000.
(28) "Learning Disability" means a condition
that interferes with development of academic skills. Learning disability
includes, but is not limited to, ataxia, communication disorder, dyslexia,
dysgraphia, dyscalculia, language disorder, fluency disorder, non-verbal
learning disorder, specific auditory or processing disorder, social pragmatic
communication disorder, specific learning disorder, and speech sound
disorder.
(29) "Licensed Medical
Practitioner" means any of the following licensed professionals:
(a) Medical Doctor (MD);
(b) Doctor of Osteopathic Medicine
(DO);
(c) Licensed Clinical
Psychologist (Ph.D. or Psy.D.);
(d)
Nurse Practitioner (NP);
(e)
Physician Assistant (PA); or
(f)
Naturopathic Doctor (ND).
(30) "LMHA" means Local Mental Health
Authority.
(31) "Management Entity"
means the CDDP or private corporation that operates the Regional Program,
including acting as the fiscal agent for regional funds and
resources.
(32) "Military Service"
means service in the Armed Forces of the United States, as defined in ORS
341.496.
(33) "Motor Impairment" means impairment in
the ability to move all or parts of an individual's body caused by trauma,
disease, or any condition affecting the muscular-skeletal system, spinal cord,
or sensory or motor nerves. The disability may interfere with the development
or function of the bones, muscles, joints, and central nervous system. Physical
characteristics may include paralysis, altered muscle tone, an unsteady gait,
loss of or inability to use one or more limbs, difficulty with gross-motor
skills such as walking or running, or difficulty with fine-motor skills such as
buttoning clothing, printing, or writing. Motor impairment includes, but is not
limited to, apraxia, developmental coordination disorder, dyspraxia, motor
learning difficulty, muscular dystrophy, and stereotypic movement
disorder.
(34) "Neurological
Condition" means a condition that originates in and directly affects the brain,
leads to delays in achieving expected milestones, and is likely to cause
lifelong impairments of personal, social, academic, or occupational
functioning. A condition does not originate in and directly affect the brain if
the condition only causes abnormalities or changes of the spinal cord,
peripheral nerves, autonomic nervous system, neuromuscular junction,
cardiovascular system, or musculoskeletal system. Conditions that do not
originate in and directly affect the brain include, but are not limited to,
muscular dystrophy, spinal muscular atrophy, and non-shunted spina
bifida.
(35) "Notice of
Redetermination" means the Redetermination of Eligibility for Developmental
Disabilities Services (form 5101).
(36) "OSIPM" means "Oregon Supplemental
Income Program-Medical" as defined in OAR
411-317-0000.
(37) "OTIS" means the Oregon Department of
Human Services, Office of Training, Investigations, and Safety.
(38) "Qualified Professional" means, for the
purposes of OAR
411-320-0080, any of the
following licensed professionals trained to make a diagnosis of a specific
intellectual or developmental disability:
(a)
Licensed clinical psychologist (Ph.D., Psy.D.);
(b) Medical doctor (MD);
(c) Doctor of Osteopathic Medicine (DO);
or
(d) Nurse Practitioner
(NP).
(39) "Quality
Management Strategy" means the Department Quality Assurance Plan for meeting
the CMS waiver quality assurances as required and defined by
42 CFR
441.301 and
441.302 and State Plan K option
quality assurances as required and defined by
42 CFR
441.585.
(40) "Region" means a group of Oregon
counties defined by the Department that have a designated management entity to
coordinate regional backup services and be the recipient and administration of
funds for those services.
(41)
"Regional Program" means the regional coordination that the counties comprising
the region agree are delivered more effectively or automatically on a regional
basis.
(42) "Request for
Eligibility Determination" means the Office of Developmental Disabilities
Services Request for Eligibility Determination (form 0552).
(43) "Resident" means a person that meets the
Oregon residency requirements in OAR
461-120-0010. "Resident"
includes a person that is absent due to military obligation, if the person
intends to return to Oregon, and Oregon remains their principal establishment,
home of record, or permanent home during the absence.
(44) "School-Age Testing" means any type of
standardized test that may be administered for use in school supports or
services beginning in Kindergarten.
(45) "Service Member" means a person who is
in the military service or who has separated from military service in the
previous 18 months through retirement, discharge, or other
separation.
(46) "Significantly
Subaverage" means a score on an intelligence test that is two or more standard
deviations below the mean for the test.
(47) "Skilled Areas" means a particular
assessed score as described in the definition for "adaptive
behavior".
(48) "SSI" means
Supplemental Security Income. SSI is administered by the Social Security
Administration.
(49) "These Rules"
mean the rules in OAR chapter 411, division 320.
(50) "VABS" means Vineland Adaptive Behavior
Scale.