Or. Admin. Code § 411-100-0040 - Self-Sufficiency Trust Responsibilities (Private, Non-Profit Trust)
(1) The private,
non-profit self-sufficiency trust shall have all responsibility for the
solicitation and enrollment of participants into the State Self-Sufficiency
Trust Fund. Specific responsibilities include:
(a) Explaining the private, non-profit trust
and State Trust Fund activities to all family members approaching the private,
non-profit trust;
(b) Enrolling
those wanting to participate through an application process;
(c) Gathering the necessary assessment and
evaluation data pertaining to the beneficiary;
(d) Meeting with the family members to refine
and prioritize the services needs of the beneficiary;
(e) Developing a life care plan based on the
assessment conducted, projecting the specific services required, dates of such
services and projected costs of such services by developing a financial plan.
The financial plan must itemize the means in which services outlined are to be
funded through contributions to the private, non-profit trust;
(f) Developing and executing all necessary
contractual and legal requirements between the sponsor of the beneficiary and
the private, non-profit trust; and
(g) Before executing the Life Care Plan, the
private, non-profit trust must have received final approval by the
Division.
(2) The
private, non-profit trust shall transmit and communicate to the Division the
final, executed Life Care Plan and other related information developed by the
trust.
(3) The private non-profit
trust shall meet with the Division prior to the beginning of each fiscal year
to determine the following:
(a) Specific
beneficiaries enrolled in the private, non-profit trust whose financial target
has been reached or will be reached in the upcoming fiscal year;
(b) Specific services requested by
beneficiaries and sponsors;
(c) A
list of qualified providers and services;
(d) The amount of funds that will be
transferred to the State Trust Fund for supplementary services to be provided
to the individual beneficiaries; and
(e) The amount of the federal and state
assistance funding that will be committed to services for the State Trust Fund
beneficiary in the upcoming fiscal year.
(4) The private, non-profit trust shall have
all responsibility in managing its funds to provide for sufficient earnings and
protect the principal amount deposited by the sponsors.
(5) The private, non-profit trust shall
transfer prescribed funds to the State Trust Fund when the beneficiary is 18
years of age or older or is emancipated, or the parents of the beneficiary have
died, or in cases of extreme, unforeseen hardship.
(6) The private, non-profit trust may request
the return of the remaining money, including any accumulated interest, in the
State Trust Fund account if the money in the account of a named beneficiary
cannot be used for supplementary care, support or treatment of the beneficiary
in a manner consistent with the agreement.
(7) The private, non-profit trust shall
submit to the Division an annual audited financial statement performed by its
independent auditors.
Notes
Stat. Auth.: ORS 410.730 & ORS 410.732
Stats. Implemented: ORS 410.730
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