Or. Admin. Code § 309-040-0307 - Required Home-like Qualities
(1)
Each AFH must have all of the following:
(a)
The home must be integrated in and supports the same degree of access to the
greater community as people not receiving HCBS, including opportunities for a
resident 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.
(b) The resident or designated representative
selects the AFH from among available setting options, including non-disability
specific settings and an option for a private unit in a residential setting.
The setting options must be:
(A) Identified
and documented in the resident's person-centered service plan;
(B) Based on the resident's needs and
preferences; and
(C) Based on the
resident's available resources for room and board.
(c) The AFH must ensure resident's rights as
described in ORS 443.739, including but not
limited to rights of privacy, dignity, respect, and freedom from coercion and
restraint;
(d) The AFH must
promote, but not require, resident initiative, autonomy, self-direction, and
independence in making life choices including but not limited to daily
activities, physical environment, and with whom to interact;
(e) The AFH must facilitate resident choice
regarding services and supports and who provides the services and
supports.
(f) The AFH must make
available at least six hours of activities each week which are of interest to
and selected by the residents, not including television or movies, as described
in ORS 443.738. Activities must be
oriented to individual preferences as indicated in the resident's person
centered service plan. Documentation of the activities offered to each
resident, the resident's engagement in those activities, and the reasons the
resident did not engage in those activities must be recorded in the individual
resident's record. Resident progress notes must reflect staff efforts to engage
residents, such as surveying their interests, during times of non-engagement in
activities being made available.
(2) The provider must maintain the AFH as
follows:
(a) The home must be physically
accessible to each resident;
(b)
The provider must provide the resident with a unit of specific physical place
that the resident may occupy under a legally enforceable residency
agreement;
(c) The provider must
provide and include in the residency agreement that the resident has, at a
minimum, the responsibilities and protections from an involuntary transfer or
discharge as described in ORS
443.738(7), (8), (11), (12), and
(13).
(d) The provider must ensure that each
resident has privacy in their own unit;
(e) The provider must maintain units with
entrance doors lockable by the resident and ensure that only the resident, the
resident's roommate, and only appropriate staff, as identified in the
resident's person-centered service plan, have keys to access the
unit;
(f) The provider must ensure
that residents sharing units have a choice of roommates;
(g) The provider must provide that resident's
have the freedom to decorate and furnish their unit as agreed to within the
Residency Agreement;
(h) The
provider must permit each resident to have visitors of their choosing at any
time;
(i) The provider must ensure
each resident has the freedom and support to control their own schedule and
activities;
(j) The provider must
ensure each resident has the freedom and support to have access to a variety of
food, condiments, snacks, and means of cooking/preparing food at any time,
unless an individually based limitation applies. Providers may not restrict
where food/beverages are consumed.
(3) When a provider is unable to ensure the
qualities as outlined in section (2)(d) through (2)(j) of this rule due to
threats to the health and safety of the resident or others, the provider may
seek an individually based limitation with the resident's consent through the
process outlined in OAR
309-040-0393. The provider may
not apply an individually based limitation until the limitation is approved and
documented as required by OAR
309-040-0393.
Notes
Statutory/Other Authority: ORS 413.042 & 413.032
Statutes/Other Implemented: ORS 413.085 & 443.705 - 443.825
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