Or. Admin. R. 411-450-0090 - [Effective until 12/27/2022] Standard Model Agency Requirements

(1) For a provider agency to be endorsed to deliver community living supports as a standard model agency, the provider agency must meet the additional requirements in this rule.

(2) A standard model agency must develop and implement policies and procedures that minimize:

(a) The loss of agency employee income when an individual cancels a scheduled support; and

(b) The loss of supports to an individual when an agency employee is unavailable to deliver a scheduled support.

(3) While an employee of a standard model agency is delivering a scheduled support, the agency employee must have timely access to a supervisor.

(4) A standard model agency must develop or acquire, maintain, and follow written protocols, specific to an individual, designed to mitigate known risks, identified in the individual's ISP. The standard model agency must provide to agency employees who support the individual, an orientation to the protocols. These protocols must be available to agency employees when they are supporting the individual.

(5) Beginning January 1, 2023:

(a) A standard model agency must develop, and update as needed, an individualized implementation strategy and provide an individual's implementation strategy to the individual's case manager within:

(A) Sixty business days of the start of the individual's ISP; or

(B) Sixty calendar days of agreeing to deliver community living supports as shown by the dated signature of an agency representative on the individual's ISP or Service Agreement.

(b) A standard model agency must provide to agency employees who support an individual an orientation to the individual's implementation strategy.

(6) Beginning January 1, 2023, a standard model agency must submit a monthly, written progress report to each individual's case management entity.

(7) Employees of a standard model agency who deliver community living supports must have 12 hours per year of training related to the delivery of community living supports in addition to the requirements in OAR 411-323-0050(8)(f).

(8) A standard model agency may not require an individual or the individual's family to coordinate the schedules of the agency's employees who support the individual.

(9) Only a provider agency with a current endorsement to deliver community living supports that attest, before October 1, 2022, that the provider agency meets the requirements of this rule shall be eligible to receive the Department's rate for a standard model agency prior to completing the endorsement application process described in OAR 411-323-0035. The attestation must be made on the form created by the Department for this purpose and signed by a provider agency representative. Services shall be reimbursed at the standard model agency rate July 1, 2022, or the date the provider agency becomes compliant with this rule, whichever is later.

(10) The Department may recoup the difference between the rate published in the Department's expenditure guidelines for a standard model agency and a community living supports agency if a standard model agency is found by the Department:

(a) To have been reimbursed for community living supports at the rate for a standard model agency; and

(b) The standard model agency was not in compliance with this rule at the time services were delivered.

Notes

Or. Admin. R. 411-450-0090

APD 30-2022, temporary adopt filed 06/25/2022, effective 7/1/2022 through 12/27/2022

Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & SB 1548 (2022 OR Law, Ch. 91)

Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610, 430.620, 430.662-430.670 & SB 1548 (2022 OR Law, Ch. 91)