Or. Admin. Code § 411-450-0050 - [Effective 7/21/2025] Minimum Standards for Community Living Supports
(1) Abuse of an
individual is prohibited. Abuse is not tolerated by any employee, staff, or
volunteer of an individual, provider agency, or case management
entity.
(2) Community living
supports, purchased with Department funds, must be provided only as a social
benefit.
(3) Community living
supports must be delivered in a manner consistent with positive behavioral
theory and practice, and where behavior intervention is not undertaken unless a
behavior:
(a) Represents a risk to the health
and safety of an individual or others;
(b) Is likely to continue and become more
serious over time;
(c) Interferes
with community participation;
(d)
Results in damage to property; or
(e) Interferes with learning, socializing, or
vocation.
(4) Community
living supports must be delivered in accordance with applicable state and
federal wage and hour regulations.
(5) For a child, community living supports
are considered to be for supports that are not typical for a parent or guardian
to provide to a child of the same age.
(6) Community living supports are reimbursed
in accordance with the Expenditure Guidelines.
(7) Community living supports must be
delivered as identified in an individual's Individual Support Plan (ISP) or
Service Agreement.
(8) Department
funds may not be used for:
(a) A reimbursement
to an individual, or the legal or designated representative or family member of
the individual, for expenses related to community living supports.
(b) An advance payment of funds to an
individual, or the legal or designated representative or family member of the
individual, to obtain community living supports.
(c) Services or activities that are carried
out in a manner that constitutes abuse as defined in OAR
411-317-0000.
(d) Services that restrict the freedom of
movement of an individual by seclusion in a locked room under any
condition.
(e) Vacation costs that
are normally incurred by a person on vacation, regardless of disability, and
are not strictly required by the need of an individual for Activities of Daily
Living (ADL), Instrumental Activities of Daily Living (IADL), or health-related
tasks in a home and community-based setting.
(f) Rate enhancements to existing employment
services under OAR chapter 411, division 345.
(g) Services or supports that are not
necessary to meet support needs identified by the Oregon Needs Assessment (ONA)
or are not cost-effective.
(h)
Services that do not meet:
(A) The description
of community living supports as described in these rules; or
(B) The definition of a social benefit in OAR
411-317-0000.
(i) DSA when an individual does
not have a goal related to community participation as described in OAR
411-450-0060(2)(b)(D).
(j) Educational services for school-age
individuals, including professional instruction, formal training, and tutoring
in communication, socialization, and academic skills.
(k) Services, activities, materials, or
equipment that may be obtained by an individual through other available means,
such as private or public insurance, philanthropic organizations, or other
governmental or public services.
(l) Services or activities for which the
legislative or executive branch of Oregon government has prohibited use of
public funds.
(m) Services in
circumstances where a case management entity has sufficient evidence to believe
that an individual, a legal or designated representative of an individual (as
applicable), or a provider, has engaged in fraud, misrepresentation, failed to
use resources as agreed upon in an ISP, refused to cooperate with documenting
use of Department funds, or otherwise knowingly misused public funds associated
with community living supports.
(n)
Services provided in a nursing facility, correctional institution, or mental
health facility.
(o) Services
provided in an acute care hospital unless an individual's ISP authorizes
attendant care for the individual in an acute care hospital. An ISP may only
authorize attendant care for an individual who has been admitted to an acute
care hospital when the support is not a duplication of service that the
hospital provides and the individual has one of the following:
(A) Challenging behavior that interferes with
getting medical care. The challenging behavior must require specific training
or experience to support and must be able to be mitigated by a developmental
disability service provider to an extent that medical care is
improved.
(B) An inability to
independently communicate with hospital staff that interferes with getting
medical care. This must not be solely due to limited or emerging English
proficiency.
(C) Support with one
or more ADL that may only be adequately met by someone familiar with the
individual.
(p) Unless
under certain conditions and limits specified in Department guidelines,
employee wages or provider agency charges for time or services when an
individual is not present or available to receive services including, but not
limited to, hourly "no show" charge and provider travel and preparation
hours.
(q) Costs associated with
training a Personal Support Worker (PSW), other independent provider, or
provider agency staff to deliver services.
(r) Services that are not delivered in a home
and community-based setting.
(s)
Services available to an individual under Vocational Rehabilitation and Other
Rehabilitation Services, 29
U.S.C. §
701-796l, as
amended.
(t) Services available to
an individual under the Individuals with Disabilities Education Act
(IDEA).
(u) Notwithstanding abuse
as defined in OAR 411-317-0000, services that a
case management entity determines are characterized by failure to act or
neglect that leads to, or is in imminent danger of causing, physical injury
through negligent omission, treatment, or maltreatment of an
individual.
(v) Support generally
provided for a child of similar age without disabilities by a child's parent,
guardian, or other family members.
(w) Supports and services that are funded by
child welfare in the family home.
(x) Educational and supportive services
provided by schools as part of a free and appropriate public education for
children and young adults under the IDEA.
(y) Home schooling.
(z) Services delivered outside of the United
States or the territories of the United States.
(aa) Services, supports, materials, or
activities that are illegal or in support of illegal conduct.
Notes
Statutory/Other Authority: ORS 409.050, 427.104 & 430.662
Statutes/Other Implemented: 427.104, 430.662, ORS 409.010, 427.007, 430.215 & 430.610
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