Or. Admin. R. 461-135-0755 - Individuals Eligible for 1915(i) State Plan Home and Community-Based Services; OSIPM

In the OSIPM program, an individual who meets all of the requirements below is subject to the OSIPM income limit specified in OAR 461-155-0250(6):

(1) The individual has been assessed by an Independent and Qualified Agent (IQA) and determined eligible to receive 1915(i) Home and Community-Based Services (HCBS) as specified in OAR 410-173-0010.

(2) The individual meets one of the following:

(a) Resides or will reside in a 24-hour behavioral health residential care setting. For purposes of this rule, only the following types of treatment centers qualify as a 24-hour behavioral health residential care setting:

(A) A behavioral health adult foster home.

(B) A behavioral health residential treatment home.

(C) A behavioral health residential treatment facility.

(b) The individual will receive 1915(i) HCBS services in their own home.

(3) The individual is not assumed eligible for OSIPM under OAR 461-135-0010, and does not meet the income requirements for OSIPM for those in a standard living arrangement (see OAR 461-001-0000) under section (3) of OAR 461-155-0250.

(4) The individual is age 21 or older.

Notes

Or. Admin. R. 461-135-0755

SSP 22-2018, adopt filed 06/05/2018, effective 7/1/2018; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 77-2021, temporary amend filed 12/20/2021, effective 1/1/2022 through 6/29/2022; SSP 5-2022, amend filed 02/02/2022, effective 2/2/2022

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685

Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404