may not be used for:
(a) A reimbursement to
an individual, or the legal or designated representative or family of the
individual, for expenses related to ancillary services.
(b) An advance payment of funds to an
individual, or the legal or designated representative or family of the
individual, to obtain ancillary services.
(c) Services, materials, or activities that
activities that are carried out in a manner that constitutes abuse as defined
in OAR 407-045-0260
or equipment that has been determined unsafe for the general public by
recognized consumer safety agencies.
(f) The purchase of a vehicle.
Health and medical costs that the general
public normally must pay, including, but not limited to:
(B) Health insurance co-payments;
(C) Mental health evaluation and
(D) Dental treatments
supplies not related to nutrition, incontinence, or infection
(i) Legal fees including,
but not limited to, costs of representation in educational negotiations,
establishing trusts, or creating guardianships.
(j) Vacation costs that are normally incurred
by a person on vacation, regardless of disability, and are not strictly
required by the need of the individual for personal assistance in all home and
Services or supports that are not necessary or cost-effective.
Services that do not meet the description
of ancillary services as described these rules, or that do not meet the
definition of social benefits as defined in OAR 411-317-0000
(m) Services, activities, materials, or
equipment that may be obtained by the individual through other available means,
such as private or public insurance, philanthropic organizations, or other
governmental or public services.
(n) Services or activities for which the
legislative or executive branch of Oregon government has prohibited use of
(o) Any purchase that
is not generally accepted by the relevant mainstream professional or academic
community as an effective means to address an identified support
(p) Services, supplies, or
supports that are illegal, experimental, or determined unsafe for the general
public by recognized child or consumer safety agencies.
(q) Services provided in a nursing facility,
correctional institution, or hospital.
(r) Services, activities, materials, or
equipment that may be obtained by the individual or the individual's family
through alternative resources or natural supports.
(s) Services when there is sufficient
evidence to believe that an individual or legal representative, or a provider
chosen by an individual, has engaged in fraud or misrepresentation, failed to
use resources as agreed upon in an ISP, refused to accept or delegate record
keeping required to document use of Department funds.