The rules in OAR chapter 411, division 4 provide a foundation
of standards to support the network of Medicaid-funded and private pay
residential and non-residential Home and Community-Based Services (HCBS), Home
and Community-Based (HCB) settings, and person-centered service planning for
individuals receiving HCBS in Oregon. Additional standards are set forth in OAR
chapters 309 and 411.
(1) These rules
are consistent with the missions and goals of the Department of Human Services
(DHS) and the Oregon Health Authority (OHA) to help people achieve optimum
physical, mental, and social well-being and independence.
(2) These rules ensure that individuals
receive HCBS in settings that are integrated in and support the same degree of
access to the greater community as people not receiving HCBS, including
opportunities for individuals enrolled in or utilizing HCBS to:
(a) Seek employment and work in competitive
integrated employment settings;
(b)
Engage in greater community life;
(c) Control personal resources; and
(d) Receive services in the greater
community.
(3) These
rules implement the regulations and expectations of the U.S. Department of
Health and Human Services, Centers for Medicare and Medicaid Services (CMS) in
the following areas:
(a) HCBS and HCB
settings authorized under the following Medicaid authorities:
(A) 1915(c) - HCBS Waivers;
(B) 1915(i) - State Plan HCBS; or
(C) 1915(k) - Community First Choice (K State
Plan Option).
(b) HCBS
and HCB settings delivered through the following program areas:
(A) DHS, Aging and People with Disabilities;
(B) DHS, Office of Developmental
Disabilities Services; and
(C)
OHA.
(c) Programs,
services, or settings designated as HCB and licensed, certified or endorsed by,
and receiving oversight from, DHS, or OHA.
(d) Alternative resources specifically
authorized as HCB by DHS or OHA.
(e) Person-centered service plans for
individuals receiving HCBS. Person-centered service plans provide the written
details of the supports, desired outcomes, activities, and resources required
for individuals to achieve and maintain personal goals and health and
safety.
Notes
Or. Admin. R.
411-004-0000
APD
23-2015,f. 12-15-15, cert. ef.
1/1/2016;
APD
15-2017, f. 6-26-17, cert. ef.
7/1/2017
Stat. Auth.: ORS
409.050,
413.042,
413.085
Stats. Implemented: ORS
409.050,
413.042,
413.085