Or. Admin. Code § 411-305-0230 - Managing Family Support Funds and Conditions of Purchase

(1) The CDDP must develop and implement a written plan for managing access to family support funds using forms and procedures prescribed by the Department that includes, but is not limited to the following:

(a) The number of children anticipated to receive family support funding each year.

(b) The plan for prioritization and aim to serve more children with allocated funds.

(2) In any plan year, the CDDP determines the actual amount a family may access from family support funds, consistent with the program intent to serve as many children as possible and not to exceed the maximum limits established by the Department. Family support funds are made available on a first-come, first-served basis unless the CDDP submits an alternative practice approved by the Department. Unique financial limits may apply to individual service categories.

(3) Estimates used to establish the annual limits of family support funds for specific services in the Annual Plan must be based on the In-Home Expenditure Guidelines.

(a) Family support services may only be delivered in accordance with applicable state and federal wage and hour regulations.

(b) The CDDP must establish a process for review and approval of all purchases to ensure program intent and monitor authorized Annual Plans for continued cost effectiveness.

(4) The CDDP must review family support fund purchases and obligations at least every 90 days.

(5) Purchase of supports and services through family support funds must:

(a) Be tied to the identified support needs and desired outcomes of the child, consistent with their Annual Plan developed in accordance with OAR 411-305-0225;

(b) Be an allowable support and service as listed in OAR 411-305-0235;

(c) Meet the conditions outlined in section (6) of this rule;

(d) Be consistent with the In-Home Expenditure Guidelines;

(e) Not exceed the maximum annual amount per plan year in accordance with section (2) of this rule; and

(f) Be considered full payment for the authorized supports and services.

(6) CONDITIONS OF PURCHASES. Family support funds must be authorized for the purpose defined in OAR 411-305-0200 and in an Annual Plan that meets the requirements described in OAR 411-305-0225.

(a) To be authorized and eligible for payment with family support funds, all supports and services must be determined by the services coordinator to be:

(A) Directly related to the developmental disability and support needs of the eligible child;

(B) Used only to purchase supports or services necessary for a child to continue to be supported in the family home;

(C) Cost effective;

(D) Not typical for a family to provide a child of the same age; and

(E) Included in the approved Annual Plan and supporting documents or otherwise allowed in these rules.

(b) Supports and services purchased with family support funds must be provided only as a social benefit as defined in OAR 411-317-0000, and are not typical for a parent or legal representative to provide to a child of the same age.

(c) Additional conditions of purchases are described in OAR 411-435-0040 and 411-450-0050.

Notes

Or. Admin. Code § 411-305-0230

Renumbered from 411-305-0090, APD 43-2016, f. 12-16-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 409.050, 417.346, 427.104, 430.662

Stats. Implemented: ORS 417.340-417.344, 417.346-417.350, 427.005, 427.007, 427.104, 430.610, 430.620, 430.662-430.670