In addition to the following definitions and acronyms, OAR
411-317-0000 includes general
definitions for words and terms frequently used in OAR chapter 411, division
450. If a word or term is defined differently in OAR
411-317-0000, the definition in
this rule applies.
(1) "ADL" means
"Activities of Daily Living" as defined in OAR
411-317-0000.
(5) "Authorized ISP" means an Individual
Support Plan that meets the criteria in OAR
411-415-0070(8)(e).
(6) "CDDP" means "Community Developmental
Disabilities Program" as defined in OAR
411-317-0000.
(7) "Children's Extraordinary Needs (CEN)
Program" is defined in OAR
411-440-0020 and described in
OAR chapter 411, division 440.
(8)
"Class" means group attendant care that is regularly occurring, organized, and
structured around specific supports in activities of daily living or
instrumental activities of daily living intended to maintain or enhance an
individual's skill level in the activities of daily living or instrumental
activities of daily living.
(9)
"Community Living Supports Agency" means a provider agency certified under OAR
chapter 411, division 323 and endorsed to these rules, excluding OAR
411-450-0090, to deliver
community living supports.
(10)
"Day Support Activities" means attendant care supports, delivered by a provider
agency, that happen during scheduled, intentional, structured activities in a
non-residential setting. Day support activities focus on maintaining or
enhancing the skills an individual needs to engage with the
community.
(11) "Direct Support
Professional" means a person hired, employed, trained, paid, and supervised by
a provider agency to provide attendant care services to a client of the
agency.
(12) "DSA" means "Day
Support Activities" as defined in this rule.
(13) "Exception" means an approval granted by
the Department, or the Department's designee, to alter a limit or condition on
a service based on an individual's demonstrated need.
(14) "Facility-Based" means a service
operated at a fixed site owned, operated, or controlled by a service provider
where an individual has few or no opportunities to interact with people who do
not have a disability except for paid staff.
(15) "Family":
(a) Means a unit of two or more people that
includes at least one individual, found to be eligible for developmental
disabilities services, where the primary caregiver is:
(B) In a domestic relationship where partners
share the following:
(i) A permanent
residence.
(ii) Joint
responsibility for the household in general, such as child-rearing, maintenance
of the residence, and basic living expenses.
(iii) Joint responsibility for supporting the
individual when the individual is related to one of the partners by blood,
marriage, or legal adoption.
(b) This definition of family is used when
determining an individual's service eligibility for community living supports
as a resident in the family home.
(16) "Group Activity" means an organized or
impromptu day support activity that involves more than one individual supported
by the same provider agency.
(17)
"Healthier Oregon" is defined in OAR
410-120-0000 and described in
OAR chapter 410, division 134.
(18)
"Health System Division (HSD) Medical Programs" is defined in OAR
410-200-0015.
(19) "Hour Allocation" means the number of
monthly hours authorized in an Individual Support Plan for any combination of
attendant care, day support activities, skills training services, private duty
nursing as described in OAR
411-300-0150, direct nursing
services as described in OAR chapter 411, division 380, and state plan personal
care as described in OAR chapter 411, division 455.
(20) "IADL" means "Instrumental Activities of
Daily Living" as defined in OAR
411-317-0000.
(21) "IDEA" means the Individuals with
Disabilities Education Act, 20 U.S.C §
1400.
(22) "Implementation Strategy" means a
written description of the steps a provider agency will take to assist an
individual to achieve the individual's desired outcomes, increase independence,
and build or maintain skills, as identified in the individual's Individual
Support Plan or Service Agreement, and assigned to the provider agency to
implement.
(23) "Informal
Arrangement" means a paid or unpaid arrangement for shelter or utility costs
that does not include the elements of a rental agreement.
(24) "ISP" means "Individual Support Plan" as
defined in OAR
411-317-0000.
(26) "ODDS" means the Oregon Department of
Human Services, Office of Developmental Disabilities Services.
(28) "Oregon Supplemental Income
Program-Medical" is defined in OAR
411-317-0000.
(29) "Ownership Interest" means a person
that:
(a) Has an ownership interest totaling 5
percent or more in a provider agency;
(b) Has an indirect ownership interest equal
to 5 percent or more in a provider agency;
(c) Has a combination of direct and indirect
ownership interests equal to 5 percent or more in a provider agency;
(d) Owns an interest of 5 percent or more in
any mortgage, deed of trust, note, or other obligation secured by a provider
agency if that interest equals at least 5 percent of the value of the property
or assets of the provider agency;
(e) Is an officer or director of a provider
agency;
(f) Is a partner in a
provider agency that is organized as a partnership; or
(g) Is a member of the board of directors of
a provider agency.
(30)
"Parent Provider" is defined in OAR
411-440-0020 for the Children's
Extraordinary Needs Program.
(31)
"Primary Caregiver" means the person identified in an Individual Support Plan
as providing the majority of services and support for an individual in the
individual's home.
(32) "Progress
Report" means a written document that summarizes an individual's progress, the
evidence of the progress, and a provider agency's activities undertaken towards
achieving the individual's desired outcomes of increased independence and skill
building or maintenance, as identified in the individual's Individual Support
Plan or Service Agreement.
(33)
"Provider-Owned Dwelling" means a dwelling that is owned by a provider or the
provider's spouse, when the provider is proposing to be paid for delivering
home and community-based services to an individual, and the provider or the
provider's spouse is not related to the individual by blood, marriage, or
adoption. A provider-owned dwelling includes, but is not limited to:
(a) A house, apartment, and
condominium.
(b) A portion of a
house, such as a basement or a garage, even when remodeled to be used as a
separate dwelling.
(c) A trailer
and mobile home.
(d) A duplex
unless the structure displays a separate address from the other residential
unit and was originally built as a duplex.
(34) "Provider-Rented Dwelling" means a
dwelling that is rented or leased by a provider or the provider's spouse, when
the provider is proposing to be paid for delivering home and community-based
services to an individual, and the provider or the provider's spouse is not
related to the individual by blood, marriage, or adoption.
(35) "PSW" means "Personal Support Worker" as
defined in OAR
411-317-0000.
(36) "Rental Agreement" means a payment
arrangement for shelter or utility costs with a property owner, property
manager, or landlord that includes all of the following elements:
(a) The name and contact information for the
property owner, property manager, or landlord.
(b) The period or term of the agreement and
method for terminating the agreement.
(c) The number of tenants or
occupants.
(d) The rental fee and
any other charges, such as security deposits.
(e) The frequency of payments, such as
monthly.
(f) What costs are covered
by the amount of rent charged, such as shelter, utilities, or other
expenses.
(g) The duties and
responsibilities of the property owner, property manager, or landlord and the
tenant, such as:
(A) The person responsible
for maintenance;
(B) If the
property is furnished or unfurnished; and
(C) Advance notice requirements prior to an
increase in rent.
(37) "Scheduled Support" means an attendant
care or skills training support that a representative of a provider agency and
an individual agree to at least 48 hours ahead of the anticipated service
delivery.
(38) "Service Level"
means the maximum number of hours available to an individual in a month for any
combination of attendant care, day support activities, skills training
services, private duty nursing as described in OAR
411-300-0150, direct nursing
services as described in OAR chapter 411, division 380, or state plan personal
care as described in OAR chapter 411, division 455, based on an assessment
required by the Department.
(40) "Staffing Ratio" means the number of
paid providers to the number of individuals in their care at the same
time.
(41) "Standard Model Agency"
means a provider agency certified under OAR chapter 411, division 323 and
endorsed to these rules, including OAR
411-450-0090, to deliver
community living supports.
(42)
"These Rules" mean the rules in OAR chapter 411, division 450.