Or. Admin. R. 411-328-0625 - Provider Owned, Controlled, or Operated Residential Settings

(1) When an individual resides in a provider owned, controlled, or operated residential setting, the provider must assure the setting complies with the qualities in OAR 411-004-0020 no later than September 1, 2018.

(2) Settings are considered provider owned, controlled, or operated when the provider authorized to deliver services to the individual --

(a) Owns, rents, leases, or co-leases the setting where the services are delivered; or

(b) Has a direct or indirect financial relationship with the owner of the property.

(3) INDIVIDUALLY-BASED LIMITATIONS.

(a) A provider may not place any limitations to the following freedoms without an individually-based limitation:

(A) Support and freedom to access the individual's personal food at any time.

(B) Visitors of the individual's choosing at any time.

(C) A lock on the individual's unit, lockable by the individual.

(D) Choice of a roommate, if sharing a bedroom.

(E) Freedom to furnish and decorate the individual's home as the individual chooses.

(F) Freedom and support to control the individual's schedule and activities.

(G) Freedom from restraint, except in accordance with the standards for developmental disabilities services set forth in ORS 443.739, OAR chapter 411, or the relevant Title XIX Medicaid-funding authority.

(b) When an individual's freedom in subsection (a) of this section may not be met due to a threat to the health and safety of the individual or others, an individually-based limitation must be authorized and documented in the individual's ISP in accordance with OAR 411-415-0070.

(c) A provider is responsible for all of the following:

(A) Maintaining a copy of the completed and signed form documenting an individual's consent to the appropriate individually-based limitation. The form must be signed by the individual or the individual's legal representative, if applicable.

(B) Regular collection and review of data to measure the ongoing effectiveness of, and the continued need for, the individually-based limitation.

(C) Requesting a review of the individually-based limitation when a new individually-based limitation is indicated, or change or removal of an individually-based limitation is needed.

Notes

Or. Admin. R. 411-328-0625

APD 33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16; APD 23-2016, f. & cert. ef. 6/29/2016; APD 29-2017, amend filed 11/30/2017, effective 12/1/2017

Statutory/Other Authority: ORS 409.050, 427.104 & 430.662

Statutes/Other Implemented: 430.662, ORS 430.610 & 430.670