Or. Admin. Code § 411-030-0068 - Shift Services
(1) An
individual is only eligible for shift services if the assessment and submission
and review of a time/task log documenting three consecutive days of care
provided determines the individual meets the criteria described in section (2)
of this rule.
(2) Individuals must
meet subsections (a) and either (b) or (c) of this section of the rule.
(a) The provision of assistance with at least
one ADL or IADL task must be required sometime during each hour the individual
is awake in order to ensure the safety and well-being of the individual. To
meet this subsection, the individual, their representative, if applicable, or
the case manager must submit a time/task log detailing the performance of the
ADL and IADL tasks as defined in OAR chapter 411, division 015 for three (3)
consecutive 24-hour periods. The log shall include the name of the task, the
action performed and the duration of the task. The log must be complete and
acceptable to the Department to qualify.
(b) The individual is assessed as full assist
in mobility or elimination as defined in OAR
411-015-0006, and has at least
one of the following conditions:
(A) A
debilitating medical condition that includes, but is not limited to, any of the
following:
(i) Cachexia;
(ii) Severe neuropathy;
(iii) Coma;
(iv) Persistent or reoccurring stage 3 or 4
wounds;
(v) Late stage
cancer;
(vi) Frequent and
unpredictable seizures; or
(vii)
Debilitating muscle spasms.
(B) A spinal cord injury or similar
disability with permanent impairment.
(C) An acute care or hospice need that is
expected to last no more than six months.
(c) The individual is assessed as full assist
in cognition as defined in OAR
411-015-0006.
(3) Shift services hours may be
reduced from the maximum of 16 hours a day for any of the following reasons:
(a) Reduced frequency or duration of an ADL
need.
(b) Durable medical
equipment, assistive technology or home modification reduces need for
assistance.
(c) Individual
preference.
(d) Services and
supports provided by natural supports.
(e) Services and supports provided or funded
by another agency.
(f) IADL hours
due to small living space.
(4) DHS Central Office shall make the final
determination of eligibility for shift services and the number of hours
authorized for the individual by using the criteria in sections 2 and 3 of this
rule.
(5) Exceptions to the 16 hour
limit may, at the sole discretion of the Department, be approved if the
criteria in 411-030-0071 are met.
(6) An individual may be eligible for a
differential rate in accordance with the terms of the ratified collective
bargaining agreement described in OAR
411-031-0020, if requested
through the Case Manager and if the following applies:
(a) The individual is diagnosed with
quadriplegia or a condition that is substantially similar;
(b) The individual is dependent on a
ventilator;
(c) The individual is
eligible for and receives shift services;
(d) The individual requires 24-hour awake
care, of which, at least 16 hours must be paid shift care; and
(e) The plan is approved by Central
Office.
(7) An
individual may be eligible for an exceptional rate in accordance with the terms
of the ratified collective bargaining agreement and the training requirements
described in OAR 411-031-0040(8)(h),
if the following applies:
(a) The individual
requires extensive behavioral support and is assessed as a Substantial Assist
or Full Assist in the component of Challenging Behaviors as described in OAR
411-015-0006(3)(d);
(b) The individual is eligible for and
receives at least 16 hours of paid care per day; and
(c) The plan is approved by Central
Office.
Notes
Statutory/Other Authority: ORS 409.050, 410.070 & 410.090
Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070
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