Or. Admin. Code § 950-030-0050 - Disability Demographic Data Collection Standards

(1) A requestor must ask the following questions regarding functional limitations of individuals of any age, except as specified in section (9) of this rule:

(a) "Are you deaf or do you have serious difficulty hearing?"

(b) "Are you blind or do you have serious difficulty seeing, even when wearing glasses?"

(2) A requestor must ask the following questions for individuals five years of age or older:

(a) "Do you have serious difficulty walking or climbing stairs?"

(b) "Because of a physical, mental, or emotional condition, do you have serious difficulty concentrating, remembering, or making decisions?"

(c) "Do you have difficulty dressing or bathing?"

(d) "Do you have serious difficulty learning how to do things most people your age can learn?"

(e) "Using your usual (customary) language, do you have serious difficulty communicating, (for example understanding or being understood by others)?"

(3) A requestor must ask the following questions regarding functional limitations for individuals 15 years of age or older:

(a) "Because of a physical, mental, or emotional condition, do you have difficulty doing errands alone such as visiting a doctor's office or shopping?"

(b) "Do you have serious difficulty with the following: mood, intense feelings, controlling your behavior, or experiencing delusions or hallucinations?"

(4) A requestor must ask the individual at what age the condition began for any "yes" response to any question in sections (1) through (3) of this rule.

(5) An individual must be asked an open-ended question: "If you identify as someone with a disability, or as having a physical, mental, emotional, cognitive, or intellectual condition, describe your disability or condition in any way you prefer: (with open text box).

(6) If a requestor or other person has a need for ongoing communication with the individual, and if the individual indicates they have a functional limitation or disability in any of the questions in this section, including the open-ended question specified in section (5) of this rule, a requestor must ask, "If you identify as someone with a disability, or as having a physical, mental, emotional, cognitive, or intellectual condition, do you need or want disability-related accommodations?" Response options:

(a) Yes.

(b) No.

(7) If the response to the question in section (6) of this rule is yes, a requestor must ask, "If yes, select all that apply and enter additional details below." Response options:

(a) Alternate formats: (with open text box).

(b) Building access: (with open text box).

(c) Communication access (in-person, print materials, electronic): (with open text box).

(d) Coordinating and scheduling care or services: (with open text box).

(e) Environmental and sensory: (with open text box).

(f) Equipment access: (with open text box).

(g) Other staff support: (with open text box).

(h) Not listed. Specify: (with open text box).

(8) If a requestor is collecting information in accordance with this rule but there is no intent or need for ongoing communication between the requestor or others who may need to communicate with the individual or the individual's caregiver, then the following questions about functional difficulties must be asked:

(a) "If you identify as someone with a disability, or as having a physical, mental, emotional, cognitive, or intellectual condition, do you typically need or want disability-related accommodations to help with communications on important matters such as medical, legal, or health information?" Response options:

(A) Yes.

(B) No.

(b) If the response to the question in subsection (8)(a) of this rule is yes, a requestor must ask the following open-ended question, "If yes, describe what accommodations you typically need or want:".

(9) If a requestor is directly asking a child the questions in this rule and not a parent or guardian, the requestor is not required to ask a child under the age of 11 or in a grade level below 5th grade to answer the questions in section (1) and (2) of this rule.

(10) If a requestor uses technology that limits their ability to store data from the open text boxes listed in (7) and (8) of this rule and or would prefer to use standardized lists provided by Oregon Health Authority, a requestor must contact the Oregon Health Authority REALD and SOGI Governance Committee to receive guidance on acceptable alternative(s).

Notes

Or. Admin. Code § 950-030-0050

OHA 2-2014, f. & cert. ef. 3-10-14; OHA 2-2020, temporary amend filed 09/29/2020, effective 10/01/2020 through 03/29/2021; OHA 4-2020, temporary amend filed 11/06/2020, effective 11/06/2020 through 03/29/2021; OHA 1-2021, amend filed 03/23/2021, effective 03/23/2021; OHA 3-2023, renumbered from 943-070-0050, filed 05/04/2023, effective 5/4/2023; EID 2-2024, amend filed 07/02/2024, effective 7/2/2024

Statutory/Other Authority: ORS 413.161 & ORS 413.042

Statutes/Other Implemented: ORS 413.161