individual resides in a provider owned, controlled, or operated residential
setting, the provider must assure the setting complies with the qualities in
no later than September 1, 2018.
Settings are considered provider owned,
controlled, or operated when the provider authorized to deliver services to the
(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.
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
(C) A lock on the
individual's unit, lockable by the individual.
(D) Choice of a roommate, if sharing a
(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.
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
A provider is
responsible for all of the following:
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
(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
Or. Admin. R.
33-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16;
23-2016, f. & cert. ef.
29-2017, amend filed 11/30/2017, effective
Statutory/Other Authority: ORS
427.104 & 430.662
Statutes/Other Implemented: 430.662, ORS