410...410.010 state policy for seniors and people with disabilities 410.020 implementation of state...

Chapter 410

2007 EDITION

Senior and Disability Services

SERVICES FOR SENIORS AND PEOPLE WITH DISABILITIES

(Generally)410.010 State policy for seniors and people with

disabilities410.020 Implementation of state policy410.030 Legislative findings on long term care

options410.040 Definitions for ORS 410.040 to 410.320410.050 General policy410.060 Policy for persons with disabilities served

by department

(State Administration)410.070 Duties of Department of Human Services;

elderly persons and persons with disabili-ties; rules

410.072 Determination of annual budget levels fortype B area agencies; rules

410.074 Consultation with representatives of typeB area agencies on rules establishingmethodology

410.075 Authority of department to hold title toproperty; rules

410.080 Department as single state agency forfederal programs

410.090 Department to implement supportive so-cial services for persons age 60 and older;rules

410.100 When department to administer areaagency programs

410.110 Revolving fund410.120 Senior and Disabled Services Account410.125 Residential Care Facility Licensing Mora-

torium Fee Subaccount410.140 Records; rules410.150 Use of files; confidentiality; privileged

communications410.160 Limitation on estate claims410.180 Long term care reimbursement audit

manual410.190 Representation of corporation in con-

tested case proceedings before department

(Area Agencies)410.210 Area agency advisory councils; member-

ship; duties410.220 Use of state and local resources410.230 Expenditure of local funds not required

(Type A Agencies)410.240 Operation of type A agencies410.250 Duties of type A agencies

(Type B Agencies)410.270 Operation of type B agencies

410.280 Duties of type B agencies410.290 Conditions to designation as type B

agency; plan of operation410.295 Authority of type B agency to regulate

adult foster homes410.300 Transfer of state employees to type B

agency; conditions

GOVERNOR′S COMMISSION ON SENIOR SERVICES

410.320 Governor′s Commission on Senior Ser-vices

410.330 Legislator members; expenses410.340 Appointments to fill vacancies

OREGON PROJECT INDEPENDENCE410.410 Definitions for ORS 410.410 to 410.480410.420 Use of funds; rules410.422 Oregon Project Independence Fund410.425 Separate accounts for persons age 60 and

over and for persons with Alzheimer′sdisease or related disorders

410.430 Eligibility for services under ORS 410.410to 410.480

410.435 Expansion of Oregon Project Independ-ence; rules

410.440 Priorities for services410.450 Determinations of eligibility; rules410.460 Computation of allowable costs410.470 Fees; collection; records; use410.480 Required record keeping; audit

ADULT DAY CARE SERVICE410.485 Legislative findings410.490 Duties of department; rules410.495 Registry for adult day care programs in

state; rules

LONG TERM CARE(Assessment of Needs)

410.505 Definitions for ORS 410.505 to 410.545410.510 Establishment of procedure for assess-

ment410.515 Notice of availability of admission assess-

ment services; disclosure form; depart-ment to provide services; maximum fees

410.520 When assessment to occur; exceptions410.525 Disclosure of fees; waiver of assessment;

additional assessment services410.530 Department authority; delegation; advi-

sory committee; rules410.535 Rules410.540 Compliance as condition for licensure410.545 Implementation of ORS 410.505 to 410.545

requires federal funding

Title 34 (2007 Edition)

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

(Advisory Council)410.550 Medicaid Long Term Care Quality and

Reimbursement Advisory Council; mem-bership; duties

410.555 Submission of changes to Medicaid re-imbursement system to council; advisoryrecommendation; approval; report; budgetreview; rules

HOME CARE COMMISSION410.600 Definitions for ORS 410.600 to 410.625410.602 Home Care Commission; membership;

rules410.604 Duties of commission; executive director410.606 Referral of qualified individuals on com-

mission registry410.608 Selection of home care worker; right to

terminate employment; eligibility deter-mination made by Department of HumanServices

410.612 Collective bargaining410.614 Rights of home care workers410.625 Authority of commission; budget

STATE POLICY ON PERSONS WITHDISABILITIES

410.710 State policy on persons with disabilities410.715 Person suffering brain injury to be con-

sidered person with disability410.720 Mental health and addiction services for

senior citizens and persons with disabili-ties

TRUST FUNDS FOR PERSONS WITH DISABILITIES

410.730 Self-Sufficiency Trust Fund; rules410.732 Disabilities Trust Fund; rules

PROGRAM TO SERVE NEEDS OF PERSONS WHO ARE DEAF

OR HARD OF HEARING410.740 Oregon Deaf and Hard-of-Hearing Services

Program; advisory committee

MISCELLANEOUS410.851 Policy on patient-based reimbursement

system for long term care facilities; rules

PENALTIES410.890 Civil penalty


SENIOR AND DISABILITY SERVICES 410.020

SERVICES FOR SENIORS AND PEOPLE WITH DISABILITIES

(Generally)410.010 State policy for seniors and

people with disabilities. (1) The LegislativeAssembly finds and declares that, in keepingwith the traditional concept of the inherentdignity of the individual in our democraticsociety, the older citizens of this state areentitled to enjoy their later years in health,honor and dignity, and citizens with disabili-ties are entitled to live lives of maximumfreedom and independence.

(2) The Legislative Assembly declaresthat the policy of this state is to provide andencourage programs necessary to fulfill thecommitment stated in subsection (1) of thissection and that the purpose of policiesstated in this section and ORS 410.020 is toprovide a guide for the establishment andimplementation of programs for older citizensand citizens with disabilities in this state. Itfurther declares that the programs shall beinitiated, promoted and developed through:

(a) Volunteers and volunteer groups;(b) Partnership with local governmental

agencies;(c) Coordinated efforts of state agencies;(d) Coordination and cooperation with

federal programs;(e) Partnership with private health and

social service agencies;(f) A designated state agency that will

encourage and work with older citizens andtheir organizations, that will coordinate stateand local programs, that will encourage andmonitor federal programs and that will actas an advocate for older Oregon citizens; and

(g) A designated state agency that willencourage and work with citizens with disa-bilities and their organizations, that will co-ordinate state and local programs, that willencourage and monitor federal programs andthat will act as an advocate for Oregon citi-zens with disabilities.

(3) The Legislative Assembly declaresthat it shall be the policy of this state to givespecial attention to the special concerns ofour most frail and vulnerable older citizens.Furthermore, it shall be the policy of thisstate to support strongly the full develop-ment and participation of citizens with disa-bilities in all aspects of social, political andcommunity life.

(4) Recognizing the diversity in ge-ography, economy and life styles in Oregonand the diversity of local senior citizen net-works, the Legislative Assembly declaresthat it is the policy of this state to avoidcomplete uniformity in planning and admin-istering programs for older citizens and to

encourage and emphasize local control toachieve the most effective blend of state andlocal authority, not precluding the ability ofthe state to perform its mandated responsi-bilities for planning and administration.Multipurpose senior centers may be consid-ered as focal points for the delivery of ser-vices to older citizens in each communitywhere practicable. Disability services shouldalso be consolidated where possible to pro-vide efficient and convenient delivery of ser-vices to citizens with disabilities. [1981 c.191§1; 1985 c.180 §1; 1989 c.224 §70; 2007 c.70 §163]

410.020 Implementation of state pol-icy. In carrying out the policies stated inORS 410.010, the state shall:

(1) Coordinate the effective and efficientprovision of community services to older cit-izens and citizens with disabilities so thatthe services will be readily available to thegreatest number over the widest geographicarea; assure that information on these ser-vices is available in each locality, utilizingwhenever possible existing information ser-vices; and assure that each new service re-ceives maximum publicity at the time it isinitiated.

(2) Assure that older citizens and citizenswith disabilities retain the right of freechoice in planning and managing their lives;by increasing the number of options in lifestyles available to older citizens and citizenswith disabilities; by aiding older citizens andcitizens with disabilities to help themselves;by strengthening the natural support systemof family, friends and neighbors to furtherself-care and independent living; by assuringthat older citizens and citizens with disabili-ties are able to make informed choices re-garding the delivery of in-home care servicesby providing information about their respon-sibilities as employers of in-home care pro-viders or, alternatively, about theresponsibilities of an in-home care agency toprovide services; and by encouraging all pro-grams that seek to maximize self-care andindependent living within the mainstream oflife.

(3) Assure that health and social servicesbe available that:

(a) Allow the older citizen and citizenwith a disability to live independently athome or with others as long as the citizendesires without requiring inappropriate orpremature institutionalization.

(b) Encourage, by expansion of existingprograms for older citizens and citizens withdisabilities, by school programs, by meals-on-wheels, by counseling or by other means,public and private development of nutritionprograms for older citizens and citizens withdisabilities that prevent or minimize illnessor social isolation.


410.020 HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

(c) Assure that if institutionalization isnecessary, the institution should be of thehighest quality where the older citizen andcitizen with a disability may live in dignity.

(d) Protect the older citizen and citizenwith a disability from physical and mentalabuse and from fraudulent practices.

(4) Foster both preventive and primaryhealth care, including mental and physicalhealth care, to keep older citizens and citi-zens with disabilities active and contributingmembers of society; and encourage fullrestorative services for those older citizensand citizens with disabilities who require in-stitutional care to increase the possibility oftheir return to independent living.

(5) Encourage public and private devel-opment of suitable housing for older citizensand citizens with disabilities, designed andlocated consistent with their special needsand available at costs they can afford.

(6) In implementing subsections (1) to (5)of this section, develop and seek support forplans to assure access to information, coun-seling and screening, as appropriate, by per-sons potentially in need of long term carewithout regard to the person′s income.

(7) Recognize the necessity for a varietyof ways to help older citizens and citizenswith disabilities maintain sufficient incometo meet their needs.

(8) Encourage local transportation sys-tems and volunteer groups to meet the dailytransportation needs of older citizens andcitizens with disabilities and to make acces-sible to them a broad range of services andprograms, including social, health and reli-gious services and programs.

(9) Encourage and develop meaningfulemployment opportunities for older citizensand citizens with disabilities in positionscommensurate with their abilities; eliminatediscrimination to such employment; andwhenever possible, employ older citizens inprograms that affect older citizens and citi-zens with disabilities in programs that affectcitizens with disabilities.

(10) Involve older citizens and citizenswith disabilities in the decision-making proc-ess for programs affecting their lives. Re-cognizing the ability of older citizens andcitizens with disabilities to be advisors to theLegislative Assembly, agencies and profes-sional staff, the Legislative Assembly intendsthat whenever possible older citizens andcitizens with disabilities should assist in thedevelopment of policies affecting their lives.

(11) Assure to older citizens and citizenswith disabilities the right to pursue activitieswithin the widest range of civic, cultural,entertainment and recreational opportunitiesby opening such opportunities to partic-

ipation by older citizens and citizens withdisabilities, by encouraging older citizens andcitizens with disabilities to utilize their ca-pabilities by participating in government andby assuring them the right to serve.

(12) Make public educational facilitiesavailable to older citizens and citizens withdisabilities and their organizations so oldercitizens and citizens with disabilities maypursue their educational interests; and en-courage all institutions of learning and otherappropriate agencies to develop and provideby outreach as well as by traditional meansspecial education programs to meet the needsand interests of older citizens by addressingthe problems and opportunities of aging andby responding to older citizens′ interests inliberal arts as well as their interests inhobby and recreation courses.

(13) Encourage the development ofbarrier-free construction and the removal ofarchitectural barriers so that more facilitiesare accessible to older citizens and citizenswith disabilities.

(14) Promote development of programs toeducate persons who work with older citi-zens in gerontology and geriatrics and en-courage qualified persons to seek sucheducation.

(15) Encourage immediate application byboth public and private agencies of know-ledge acquired from research that can sus-tain and improve the health and happinessof older citizens and citizens with disabili-ties.

(16) Recognize that older citizens whoretire should be able to do so in honor anddignity.

(17) Encourage and support:(a) Distribution of literature which accu-

rately presents facts concerning aging anddisabilities of citizens.

(b) Efforts of schools, churches and otherinstitutions, in teaching children and youthabout the process of aging and disabilities ofcitizens so as to correct fallacies handeddown from one generation to another.

(c) Intergenerational programming andparticipation by community organizationsand institutions to promote better under-standing and warm social interaction and tocounteract the tendency to isolation of indi-viduals who are elderly or who have disabil-ities.

(d) Correction of stereotyping of individ-uals who are elderly or who have disabilitiesin school texts and other books, newspapers,magazines, radio and television by encourag-ing review and analysis of these media bypublishers, company ownership or other ap-propriate agencies.



(e) Efforts which show that many mis-conceptions and stereotypes have no basis infact so older citizens and citizens with disa-bilities will be freed from the destructivetendency to socially conform by embracingthese fallacies. [1981 c.191 §2; 1983 c.312 §2; 1985c.180 §2; 1989 c.224 §71; 2007 c.70 §164; 2007 c.416 §1]

410.030 Legislative findings on longterm care options. The Legislative Assem-bly of the State of Oregon finds the followingregarding older citizens and citizens withdisabilities:

(1) That there are many older Oregoniansand Oregonians with disabilities who facedifficulties in maintaining self-care and inde-pendent living within the mainstream of life,and who have not yet exhausted their finan-cial resources. These persons are often de-pendent upon providers of care for adviceregarding 24-hour care. These persons andproviders are not always aware of options to,or within, such care;

(2) That inappropriate or premature in-stitutionalization of persons who have notexhausted their financial resources oftenleads to exhaustion of those resources, andto the expectation by these persons and pro-viders that continued financing of inappro-priate institutional care shall be availableunder Title XIX. However, under these cir-cumstances, transfer of the person to appro-priate, less costly noninstitutional oralternative institutional care, if available, isnecessary in order that limited public fundscan be utilized to provide appropriate care toas many persons in need as possible; and

(3) That to minimize the need for suchdisruptive transfers, it is in the interest ofolder Oregonians and Oregonians with disa-bilities and of providers of care that the De-partment of Human Services, or anydesignated state agency, develop plans forassuring access to information, counselingand screening, as appropriate, by persons po-tentially in need of long term care withoutregard to the person′s income. [1983 c.312 §1;1985 c.180 §3; 1989 c.224 §72; 2007 c.70 §165]

410.040 Definitions for ORS 410.040 to410.320. As used in ORS 409.010, 410.040 to410.320, 411.590 and 441.630:

(1) “Appropriate living arrangement”means any arrangement for an elderly personor a person with a disability in a residentialsetting which is appropriate for the personconsidering, in order of priority, the follow-ing criteria:

(a) The desires and goals of the person;(b) The right of the person to live as in-

dependently as possible, in the least restric-tive environment; and

(c) The cost of the living arrangementcompared to other types of living arrange-

ments, based on the criteria in paragraphs(a) and (b) of this subsection.

(2) “Area agency” means:(a) An established or proposed type A or

type B Area Agency on Aging within a plan-ning and service area designated under Sec-tion 305 of the Older Americans Act; or

(b) Any public or nonprofit privateagency which is designated as a type A ortype B Area Agency on Aging under Section305 of the Older Americans Act.

(3) “Area agency board” means the localpolicy-making board which directs the ac-tions of the area agency within state andfederal laws and regulations.

(4) “Department” means the Departmentof Human Services.

(5) “Elderly person” means a person whois served by a type A area agency or type Barea agency or by the department and whois 60 years of age or older.

(6) “Local government” means a politicalsubdivision of the state whose authority isgeneral or a combination of units of generalpurpose local governments.

(7) “Person with a disability” means aperson with a physical or mental disability:

(a) Who is eligible for Supplemental Se-curity Income or for general assistance; and

(b) Who meets one of the following crite-ria:

(A) Has mental retardation or a devel-opmental disability or is mentally or emo-tionally disturbed, and resides in or needsplacement in a residential program adminis-tered by the department.

(B) Is an alcohol or drug abuser and re-sides in or needs placement in a residentialprogram administered by the department.

(C) Has a physical or mental disabilityother than those described in subparagraphs(A) and (B) of this paragraph.

(8) “Preadmission screening” means aprofessional program within the departmentor type B area agencies, with staff that in-cludes registered nurses and social workers,that assesses the needs of clients and recom-mends appropriate placements in residentialprograms administered by the department ortype B area agencies.

(9) “Protective services” means a serviceto be provided by the department directly orthrough type B area agencies, in response tothe need for protection from harm or neglectto elderly persons and persons with disabili-ties.

(10) “Title XIX” means long term careand health services programs in Title XIX of



the Social Security Act available to elderlypersons and persons with disabilities.

(11) “Type A area agency” means an areaagency:

(a) For which either the local govern-ment or the area agency board does notagree to accept local administrative respon-sibility for Title XIX; and

(b) That provides a service to elderlypersons.

(12) “Type B area agency” means an areaagency:

(a) For which the local governmentagrees to accept local administrative respon-sibility for Title XIX;

(b) That provides a service to elderlypersons or to elderly persons and personswith disabilities who require services similarto those required by elderly persons; and

(c) That uses the term “disabledservices” or “disability services” in its titleto communicate the fact that it provides ser-vices to both populations described in para-graph (b) of this subsection. [1981 c.784 §1; 1985c.180 §4; 1989 c.224 §73; 1993 c.116 §2; 2001 c.900 §75; 2007c.70 §166]

410.050 General policy. (1) The State ofOregon finds:

(a) That the needs of the elderly popu-lation can be best served and planned for atthe local community level;

(b) That a longer life expectancy and agrowing elderly population demands servicesbe provided in a coordinated manner and asingle local agency system for such servicesbe instituted;

(c) That local resources and volunteerhelp will augment state funds and neededpersonnel;

(d) That local flexibility in providing ser-vices should be encouraged; and

(e) That a single state agency shouldregulate and provide leadership to ensurethat the elderly citizens of Oregon will re-ceive the necessary care and services at theleast cost and in the least confining situ-ation.

(2) The State of Oregon further finds thatwithin budgetary constraints, it is appropri-ate that savings in nursing home servicesallocations within a planning and servicearea be reallocated to alternative care ser-vices under Title XIX and Oregon ProjectIndependence in that area. [1981 c.784 §2; 1993c.116 §3; 2005 c.22 §272]

410.060 Policy for persons with disa-bilities served by department. (1) It is thepolicy of the State of Oregon that personswith disabilities served by the Departmentof Human Services shall also receive neces-

sary services, as appropriate for their needs,from other state agencies.

(2) In carrying out the provisions in sub-section (1) of this section, the Department ofHuman Services shall negotiate interagencyagreements and coordinate services with theEmployment Department and the Departmentof Education for the provision of appropriateservices to clients of the Department of Hu-man Services who have disabilities.

(3)(a) Prior to approval of an appropriateliving arrangement, as defined in ORS410.040, administered by the Department ofHuman Services, all persons with disabilitiesshall be assessed by preadmission screeningto ensure the appropriateness of the livingarrangement.

(b) If a person with a disability is diag-nosed as, or is reasonably believed to be, aperson with mental retardation or a devel-opmental disability, preadmission screeningshall include an assessment by the Devel-opmental Disability Diagnosis and Evalu-ation Service established under ORS 427.104.

(4) The Department of Human Services incoordination with the Department of Educa-tion shall work with nursing homes thathave one or more residents under 18 yearsof age to develop a program appropriate tothe needs of those residents. [1981 c.784 §4; 1985c.180 §5; 1989 c.224 §74; 2001 c.900 §76; 2007 c.70 §167]

(State Administration)410.070 Duties of Department of Hu-

man Services; elderly persons and per-sons with disabilities; rules. (1) TheDepartment of Human Services shall:

(a) Serve as the central state agency withprimary responsibility for the planning, coor-dination, development and evaluation of pol-icy, programs and services for elderlypersons and persons with disabilities in Ore-gon.

(b) Function as the designated state uniton aging, as defined in the Older AmericansAct of 1965.

(c) With the advice of the Governor′sCommission on Senior Services and the Ore-gon Disabilities Commission, develop long-range state plans for programs, services andactivities for elderly persons and personswith disabilities. State plans should be re-vised biennially and should be based on areaagency plans, statewide priorities and stateand federal requirements.

(d) Have the authority to transfer stateand federal funds, except Title III of theOlder Americans Act funds, from one areaagency to another area agency or from oneprogram or service to another program orservice after consultation with the areaagencies involved in the transfer. However,



no area agency shall suffer a reduction instate or federal funds due to increased localfunds.

(e) Receive and disburse all federal andstate funds allocated to the department andsolicit, accept and administer grants, includ-ing federal grants or gifts made to the de-partment or to the state and enter intocontracts with private entities for the pur-pose of providing or contracting for casemanagement services for long term care in-surance for the benefit of elderly persons andpersons with disabilities in this state.

(f) Provide technical, training and pro-gram assistance to area agencies and assistthem to provide such assistance to publicand private agencies and organizations.

(g) Assist area agencies to stimulatemore effective use of existing resources andservices for elderly persons and develop pro-grams, opportunities and services which arenot otherwise provided for elderly persons,with the aim of developing a comprehensiveand coordinated system for the delivery ofsocial services to elderly persons.

(h) Assist local department offices andarea agencies which have assumed responsi-bility for disabled services to stimulate moreeffective use of existing resources and to de-velop programs, opportunities and serviceswhich are not otherwise provided for personswith disabilities, with the aim of developinga comprehensive and coordinated system forthe delivery of social services to personswith disabilities.

(i) Serve within government and in thestate at large as an advocate for elderly per-sons and persons with disabilities by holdinghearings and conducting studies or investi-gations concerning matters affecting thehealth, safety and welfare of elderly personsand persons with disabilities and by assistingelderly persons and persons with disabilitiesto assure their rights to apply for and re-ceive services and to be given fair hearingswhen such services are denied.

(j) Process fiscal and client data for allarea agencies.

(k) Conduct regulatory functions withregard to program operation, by adoptingrules for providing social services, includingprotective services, to elderly persons andpersons with disabilities who need servicesthat the department or area agencies are au-thorized to provide and rules for standardrate setting and quality assurance.

(L) Provide information and technical as-sistance to the Governor′s Commission onSenior Services, the Oregon DisabilitiesCommission and the Medicaid Long TermCare Quality and Reimbursement AdvisoryCouncil and keep the commissions and the

council continually informed of the activitiesof the department.

(m) Make recommendations for legisla-tive action to the Governor and to the Leg-islative Assembly, after consultation with theGovernor′s Commission on Senior Services,the Oregon Disabilities Commission and theMedicaid Long Term Care Quality and Re-imbursement Advisory Council.

(n) Conduct research and other appropri-ate activities to determine the needs of el-derly persons and persons with disabilities inthis state, including, but not limited to, theirneeds for social and health services, and todetermine what existing services and facili-ties, private and public, are available to el-derly persons and persons with disabilities tomeet those needs.

(o) Maintain a clearinghouse for infor-mation related to the needs and interests ofelderly persons and persons with disabilities.

(p) Provide area agencies with assistancein applying for federal, state and privategrants and identifying new funding sources.

(2) In addition to the requirements ofsubsection (1) of this section, the departmentshall:

(a) Determine type A and type B areaagencies annual budget levels for OregonProject Independence and Title III of theOlder Americans Act expenditures.

(b) For type B area agencies:(A) Determine annual budget levels for

planning Title XIX reimbursed services. Indetermining the budget levels, the depart-ment shall retain contingency reservesagainst overruns and transfers in use of TitleXIX funds.

(B) Provide timely management informa-tion so the area agencies and the depart-ment′s disability services units can manageTitle XIX reimbursements within budgetedlevels.

(C) Determine annual budget levels forplanning and administering programs relat-ing to social, health, independent living andprotective services for persons with disabili-ties for the department′s disability servicesunits and type B area agencies which haveassumed local responsibility for the programsand clients transferred under section 2 (2),chapter 787, Oregon Laws 1989.

(c) Make payments for services within acentral processing system for:

(A) A type A area agency, at the requestof the agency, for Oregon Project Independ-ence or Title III of the Older Americans Actexpenditures, or both.

(B) A type B area agency, for Title XIXand Oregon Project Independence expendi-



tures, and at the request of the agency, forTitle III of the Older Americans Act expend-itures.

(d) Assume program responsibility for Ti-tle XIX programs in areas served by type Aarea agencies and in areas where no areaagency is designated.

(e) Assume planning and program re-sponsibilities for persons with disabilities inareas served by type A area agencies, inareas served by type B agencies that serveonly elderly persons and in areas where noarea agency exists.

(3) When developing programs affectingelderly persons, the department shall consultwith the Governor′s Commission on SeniorServices.

(4) When developing programs affectingpersons with disabilities, the departmentshall consult with the Oregon DisabilitiesCommission. [1981 c.784 §3; 1989 c.224 §75; 1989 c.787§1; 1991 c.122 §12; 1993 c.116 §4; 1995 c.667 §4; 2001 c.900§77; 2007 c.70 §168]

410.072 Determination of annual bud-get levels for type B area agencies; rules.The Department of Human Services shall:

(1) Adopt by rule a methodology for de-termining annual budget levels for type Barea agencies for planning and administeringprograms for elderly persons and personswith disabilities that:

(a) Includes both direct and indirectcosts; and

(b) Results in a budget level for a type Barea agency that is not less than 95 percentof the amount that would otherwise bebudgeted for a local department office serv-ing elderly persons and persons with disabil-ities;

(2) Determine annual budget levels forplanning and administering programs for el-derly persons and persons with disabilitiesfor type B area agencies using the methodol-ogy adopted under subsection (1) of this sec-tion; and

(3) Consider the budget levels determinedunder subsection (2) of this section whenmaking recommendations to the Governor onthe level of funding for type B area agencieseach biennium. [2003 c.772 §2]

410.074 Consultation with represen-tatives of type B area agencies on rulesestablishing methodology. Before adoptingthe rules described in ORS 410.072, the De-partment of Human Services shall consultwith representatives of type B area agencies.[2003 c.772 §4]

Note: 410.074 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 410 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

410.075 Authority of department tohold title to property; rules. The Depart-ment of Human Services may take title toreal and personal property in performing itsduties under ORS 411.630, 411.708, 411.795,414.105 and 416.310. Title shall be taken inthe name of the department. The departmentmay convey the property by deed or otherappropriate conveyance under proceduresadopted by rule of the department. [1993 c.249§2; 2005 c.381 §23]

410.080 Department as single stateagency for federal programs. (1) The De-partment of Human Services is the desig-nated single state agency for all federalprograms under ORS 409.010, 410.040 to410.320, 411.590 and 441.630.

(2) Except as provided in ORS 410.070(2)(d) and 410.100, the administration of ser-vices to clients under ORS 409.010, 410.040to 410.320, 411.590 and 441.630 shall bethrough area agencies, and shall comply withall applicable federal regulations. [1981 c.784§7; 2001 c.900 §246; 2005 c.22 §273]

410.090 Department to implementsupportive social services for persons age60 and older; rules. (1) The Department ofHuman Services is directed to develop andplace in effect a program of supportive socialservices for persons age 60 or older.

(2) The Department of Human Services isauthorized to develop and adopt such rulesas necessary for the sound, efficient andeconomical administration of the provisionsof this section and ORS 410.320 to 410.340,including the implementation of a fee forservice schedule based upon ability to pay,and to assure that no eligible person, resi-dent in a skilled nursing home or intermedi-ate care facility, shall be removed and placedin an alternative care program unless suchservices are determined to be more appropri-ate for the individual citizen based upon ap-propriate, individual, service considerations.[Formerly 184.865]

410.100 When department to adminis-ter area agency programs. (1) In the eventthat a local government withdraws the des-ignation of an area agency, or the Depart-ment of Human Services withdraws the areaagency designation in accordance with theOlder Americans Act, the department shalladminister the services to clients previouslyperformed by the area agency until a newarea agency is designated.

(2) The department may withdraw anyparticular program or service, except TitleIII of the Older Americans Act programs,from the area agency, and administer suchprograms and services. Before such actionis taken, the department must consult withthe director of the area agency and the chiefelected official of the affected local govern-



ment. Such action shall be taken by the de-partment only when it can be shown that thefederal or state laws or rules have not beencomplied with, that state or federal funds arenot being expended for the purposes forwhich they were intended, or that elderlypersons are not receiving appropriate ser-vices within available resources. Withdrawalof any particular program or service isappealable to the Governor after requestinga reconsideration by the Director of HumanServices. [1981 c.784 §10; 2001 c.900 §78; 2007 c.70 §169]

410.110 Revolving fund. (1) On writtenrequest of the Department of Human Ser-vices, the Oregon Department of Administra-tive Services shall draw warrants onamounts appropriated to the Department ofHuman Services for operating expenses foruse by the Department of Human Servicesas a revolving fund. The revolving fund shallnot exceed the aggregate sum of $50,000 in-cluding unreimbursed advances. The revolv-ing fund shall be deposited with the StateTreasurer to be held in a special accountagainst which the Department of HumanServices may draw checks.

(2) The revolving fund may be used bythe Department of Human Services to payfor travel expenses for employees of the De-partment of Human Services and for anyconsultants or advisers for whom payment oftravel expenses is authorized by law, or ad-vances therefor, or for purchases requiredfrom time to time or for receipt or disburse-ment of federal funds available under federallaw.

(3) All claims for reimbursement ofamounts paid from the revolving fund shallbe approved by the Department of HumanServices and by the Oregon Department ofAdministrative Services. When such claimshave been approved, a warrant coveringthem shall be drawn in favor of the Depart-ment of Human Services and charged againstthe appropriate fund or account, and shall beused to reimburse the revolving fund. [1981c.784 §24]

410.120 Senior and Disabled ServicesAccount. (1) There is established in theGeneral Fund of the State Treasury an ac-count to be known as the Senior and Disa-bled Services Account. All moneys in theSenior and Disabled Services Account arecontinuously appropriated for and shall beused by the Department of Human Servicesfor the respective purposes authorized bylaw. The moneys in the Senior and DisabledServices Account and all appropriations forthe Department of Human Services shall besubject to allotment made by the OregonDepartment of Administrative Services.

(2) The Department of Human Servicesshall keep a record of all moneys credited to

and deposited in the Senior and DisabledServices Account. The record shall indicateby separate cumulative accounts the sourcefrom which the moneys are derived and theindividual activity or program against whicheach withdrawal is charged.

(3) The unobligated balance in the Seniorand Disabled Services Account on June 30of each odd-numbered year shall be deter-mined by the Department of Human Servicesas of September 30 following the close ofeach biennium and certified to the OregonDepartment of Administrative Services. Theamount certified pursuant to this subsectionshall revert to the General Fund and becomeavailable for general governmental purposes.[1981 c.784 §25; 1989 c.787 §11]

410.125 Residential Care Facility Li-censing Moratorium Fee Subaccount. (1)The Residential Care Facility LicensingMoratorium Fee Subaccount is established inthe Senior and Disabled Services Accountestablished under ORS 410.120. Fees col-lected by the Department of Human Servicesunder section 3, chapter 690, Oregon Laws2005, shall be deposited in the ResidentialCare Facility Licensing Moratorium FeeSubaccount. Moneys deposited in the subac-count are continuously appropriated to thedepartment.

(2) Notwithstanding ORS 410.120 (3),moneys in the subaccount at the end of abiennium are retained in the subaccount anddo not revert to the General Fund. [2005 c.690§7]

Note: 410.125 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 410 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

410.130 [1981 c.784 §26; repealed by 2001 c.900 §261]

410.140 Records; rules. The Departmentof Human Services shall make and enforcerules governing the custody, use and preser-vation of the records, papers, files and com-munications by any other agency ordepartment of government or person towhich the records may be furnished. Useshall be limited to the purposes for which therecords are furnished and by the provisionsof the law under which they may be fur-nished. [1981 c.784 §27]

410.150 Use of files; confidentiality;privileged communications. For the pro-tection of applicants for and recipients ofservices, the Department of Human Servicesshall not disclose or use the contents of anyrecords, files, papers or communications forpurposes other than those directly connectedwith the administration of the laws of Ore-gon, and these records, files, papers andcommunications are considered confidentialsubject to the rules of the Department of



Human Services, except as otherwise pro-vided in ORS 411.320. In any judicial pro-ceedings, except proceedings directlyconnected with the administration of publicassistance laws, their contents are consid-ered privileged communications. [1981 c.784 §28;1997 c.581 §2]

410.160 Limitation on estate claims.Nothing in ORS 409.010, 410.040 to 410.320,411.590 and 441.630 extends estate claims re-quirements and procedures related to certainTitle XIX services under current Oregonstatutes and federal regulations to other ser-vices. [1981 c.784 §36; 1993 c.116 §5; 2005 c.22 §274]

410.180 Long term care reimburse-ment audit manual. In carrying out the re-imbursement system stated in the statepolicy on long term care reimbursement, theDepartment of Human Services shall develop,publish and make available an audit manual.The audit manual shall include clear guide-lines on costs that are approved for re-imbursement. [1983 c.406 §2]

Note: 410.180 and 410.190 were enacted into law bythe Legislative Assembly and were added to and madea part of ORS chapter 410 but not to any series thereinby legislative action. See Preface to Oregon RevisedStatutes for further explanation.

410.190 Representation of corporationin contested case proceedings before de-partment. (1) Notwithstanding ORS 8.690,9.160, 9.320, ORS chapter 180, ORS 203.145or other law, in any contested case proceed-ing before the Department of Human Ser-vices, a corporation may be represented byan attorney or by any officer or authorizedagent or employee of the corporation.

(2) As used in this section, “corporation”includes a public or private corporation,whether or not organized for profit. [1987 c.428§34b]

Note: See note under 410.180.

(Area Agencies)410.210 Area agency advisory councils;

membership; duties. (1) Each area agencyshall have an area agency advisory council,with members appointed by the area agencyboard.

(a) For a type A area agency, member-ship of the council shall include consumersof services provided primarily to elderly per-sons under Department of Human Servicesprograms, including low income and minoritypersons.

(b) A type B area agency that serves el-derly persons and persons with disabilitiesshall have two advisory councils. One shallinclude persons described in paragraph (a) ofthis subsection. The second shall be a disa-bility services advisory council. That councilshall have as a majority of its members per-

sons with disabilities and shall include con-sumers of services and other interestedpersons. Any disability services advisorycouncil in existence at the time the areaagency assumes responsibility for providingservices to persons with disabilities shall be-come the disability services advisory councilfor the area agency.

(2) Each area agency advisory councilshall:

(a) Recommend basic policy guidelinesfor the administration of the activities of thearea agencies on behalf of elderly persons orpersons with disabilities, and advise the areaagency on questions of policy.

(b) Advise the area agency with respectto development of the area plan and budget,and review and comment on the completedarea plan and budget before its transmittalto the Director of Human Services.

(c) Review and evaluate the effectivenessof the area agency in meeting the needs ofelderly persons or persons with disabilities inthe planning and service area.

(d) Meet at least quarterly. The meetingsare subject to ORS 192.610 to 192.690. [1981c.784 §11; 1989 c.224 §76; 1991 c.67 §101; 1993 c.116 §1;2001 c.900 §79; 2007 c.70 §170]

410.220 Use of state and local re-sources. Each area agency may use, withthe consent of state and municipal depart-ments and agencies, their services, equip-ment, facilities and personnel, and paytherefor, within the limits of its resources,as agreed between the agencies and cooper-ate with other public and private agencies asto the use of services, equipment and facili-ties. [1981 c.784 §14]

410.230 Expenditure of local funds notrequired. Nothing in ORS 409.010, 410.040 to410.320, 411.590 and 441.630 requires an areaagency or local governmental unit to expendlocal funds for the purpose of maintaining orexpanding services to elderly persons andpersons with disabilities. [1981 c.784 §37; 1989c.224 §77; 2005 c.22 §275; 2007 c.70 §171]

(Type A Agencies)410.240 Operation of type A agencies.

On and after October 1, 1981, a type A areaagency shall operate in the same manner asit operated with local administrative respon-sibility for Title III of the Older AmericansAct and Oregon Project Independence beforeOctober 1, 1981. Nothing in ORS 409.010,410.040 to 410.320, 411.590 and 441.630 re-quires a type A area agency to become a typeB area agency. [1981 c.784 §8; 2005 c.22 §276]

410.250 Duties of type A agencies.Each type A area agency shall:

(1) Conduct local planning functions for



Title III of the Older Americans Act and Or-egon Project Independence.

(2) Develop a local plan for service deliv-ery that complies with federal and state re-quirements and is in accord with locallydetermined objectives consistent with thestate policy on aging. This plan shall be re-viewed and approved by the Department ofHuman Services.

(3) Assess the needs of elderly personswithin the planning and service delivery areafor service for social and health services, anddetermine what resources are currentlyavailable to meet those needs.

(4) Assume the responsibility of deter-mining services required to meet the needsof elderly persons, assure that such servicesare provided within the resources availableand determine when such services are nolonger needed.

(5) Endeavor to coordinate and expandexisting resources in order to develop withinits planning and service area a comprehen-sive and coordinated system for the deliveryof social and health services to elderly per-sons.

(6) Serve as an advocate within govern-ment and within the community at large forthe interests of elderly persons within itsplanning and service area.

(7) Make grants to or enter into con-tracts with any public or private agency forthe provision of social or health services nototherwise sufficiently available to elderlypersons within the planning and service area.

(8) Monitor and evaluate the activities ofits service providers to insure that the ser-vices being provided comply with the termsof the grant or contract. Where a provider isfound to be in breach of the terms of itsgrant or contract, the area agency shall en-force the terms of the grant or contract.

(9) Conduct research, evaluation, demon-stration or training activities appropriate tothe achievement of the goal of improving thequality of life for elderly persons within itsplanning and service area.

(10) Comply with department require-ments that have been developed in consulta-tion with the area agencies for client andfiscal information and provide to the depart-ment information necessary for federal andstate reporting, program evaluation, programmanagement, fiscal control and researchneeds. [1981 c.784 §12]

(Type B Agencies)410.270 Operation of type B agencies.

(1) A local government shall be responsiblefor all actions of a type B area agency in its

jurisdiction, including but not limited to theaccountability for funds and compliance withfederal and state laws and rules. Such re-sponsibility shall include all geographicareas in which the type B area agency isdesignated to operate.

(2) The respective local government shallappoint a director of the type B area agencyin its jurisdiction who must meet minimumqualifications established by the Departmentof Human Services. The director shall servewith the continuing approval of the Directorof Human Services. Continuing approval maybe withdrawn by the Director of HumanServices only when it can be shown that thestate or federal rules have not been compliedwith by the type B area agency, that stateor federal funds are not being expended forthe purposes for which they were intendedor that elderly persons are not receiving ap-propriate services within available funds.Withdrawal of continuing approval isappealable to the Governor by the local gov-ernment after requesting a reconsiderationby the Director of Human Services. [1981 c.784§9; 1991 c.67 §102; 2001 c.900 §80; 2007 c.70 §172]

410.280 Duties of type B agencies.Each type B area agency shall:

(1) Comply with the provisions of ORS410.250 (1) and (3) to (10).

(2) Conduct local planning functions forTitle XIX of the Social Security Act.

(3) Develop a local plan for service deliv-ery subject to review and approval by theDepartment of Human Services and the re-sponsible unit of local government that com-plies with federal and state requirements andin accord with locally determined objectivesconsistent with the state policy on aging.

(4) Provide protective services withinavailable resources. [1981 c.784 §13; 1993 c.116 §6]

410.290 Conditions to designation astype B agency; plan of operation. (1) Priorto the designation of an area agency as atype B area agency, the area agency, the re-sponsible unit of local government and theDepartment of Human Services must jointlyagree upon a plan under which the areaagency will operate.

(2) The plan described in subsection (1)of this section shall:

(a) Establish an administrative structureand qualifications for key personnel that re-flect the population to be served.

(b) Be developed in coordination with theappropriate local mental health authority.

(c) Include any necessary interagencyagreements regarding which agency is tohave responsibility for each specific group ofclients under 60 years of age.



(d) Address necessary transfers of staff,available equipment and administrative andservice funds.

(e) Be prepared with the participation ofpotentially affected clients, staff and otherindividuals at the local level, including butnot limited to individuals with physical disa-bilities. [1981 c.784 §16; 1989 c.224 §78; 2007 c.70 §173]

410.295 Authority of type B agency toregulate adult foster homes. (1) The Di-rector of Human Services may delegate thefollowing functions pertaining to regulationof adult foster homes for elderly persons andpersons with disabilities to a type B areaagency:

(a) Conducting inspections and issuingand renewing licenses under ORS 443.735;

(b) Investigating complaints under ORS443.765; and

(c) Other regulatory functions designatedby the director by rule.

(2) This section does not apply to adultfoster homes in counties that have beengranted an exemption under ORS 443.780.

(3) As used in this section, “adult fosterhome” has the meaning given that term inORS 443.705. [2005 c.219 §2; 2007 c.70 §174]

410.300 Transfer of state employees totype B agency; conditions. (1) A type Barea agency may contract with the Depart-ment of Human Services for services of stateemployees or have such employees trans-ferred to employment by the area agency bytransfer agreement.

(2) State employees whose services havebeen contracted to a type B area agencyshall be supervised for program purposes bythe area agency.

(3) If state employees are transferred toa type B area agency, the provisions of ORS236.610 to 236.640 shall apply.

(4) Prior to transfer of any state em-ployee to any other public employer underORS 409.010, 410.040 to 410.320, 411.590 and441.630, at a date to be determined by theDirector of Human Services, each type Barea agency shall prepare a plan in coordi-nation with local staff of the department forimplementation of ORS 409.010, 410.040 to410.320, 411.590 and 441.630. The plan shallshow how statutory responsibilities are to bemet and how all staff are to be utilized. [1981c.784 §15; 1993 c.18 §98; 2001 c.900 §81; 2005 c.22 §277]

GOVERNOR′S COMMISSION ON SENIOR SERVICES

410.320 Governor′s Commission onSenior Services. (1) The Governor′s Com-mission on Senior Services is created. Thecommission shall consist of at least 21 mem-

bers appointed by the Governor for terms ofthree years.

(2) Prior to making appointments, theGovernor shall request and consider recom-mendations from the area agencies on agingand other interested senior organizations.The Governor shall designate a member toserve at the pleasure of the Governor aschairperson for a term of two years withsuch duties as the Governor shall prescribe.The membership of the commission shall becomposed of persons broadly representativeof major public and private agencies who areexperienced in or have demonstrated partic-ular interest in the special needs of elderlypersons, including persons who have beenactive in organizations and advocates on be-half of elderly persons. Additionally, mem-bership shall include persons who are activein advocacy organizations representing theinterests of persons with disabilities who areserved in programs under the Department ofHuman Services and consumers of servicesprovided primarily to elderly persons andpersons with disabilities under departmentprograms, including low income persons, mi-norities and persons with disabilities. Atleast a majority of members shall be 60 yearsof age or older.

(3) The Governor′s Commission on SeniorServices shall advise the Governor and theDirector of Human Services on needs of el-derly persons, and recommend actions by theGovernor, the Department of Human Ser-vices, other governmental entities and theprivate sector, appropriate to meet suchneeds.

(4) The commission shall have authorityto study programs and budgets of all stateagencies that affect elderly persons. Aftersuch study, the commission shall make rec-ommendations to the Governor and to theagencies involved. Such recommendationsshall be designed to provide coordination ofprograms for elderly persons, to avoid un-necessary duplication in provision of ser-vices, and to point out gaps in provision ofservices. The commission shall also recom-mend development of a comprehensive planfor delivery of services to elderly persons. Incarrying out these tasks, the commissionshall coordinate its efforts with other advi-sory groups within the Department of Hu-man Services to avoid duplication of effort.

(5) The commission shall promote re-sponsible statewide advocacy for elderly per-sons.

(6) Members of the commission, otherthan legislators, shall be entitled to compen-sation and expenses as provided in ORS292.495. [Formerly 184.900; 1983 c.740 §130; 1989 c.224§79; 1991 c.67 §103; 2001 c.900 §82; 2007 c.70 §175]



410.330 Legislator members; expenses.(1) In addition to the members of the Gover-nor′s Commission on Senior Services ap-pointed under ORS 410.320, the President ofthe Senate shall appoint one member fromthe Senate and the Speaker of the House ofRepresentatives shall appoint one memberfrom the House of Representatives. If theSpeaker of the House of Representatives orthe President of the Senate is a member, ei-ther may designate from time to time an al-ternate from among the members of theappropriate house to exercise powers as amember of the commission except that thealternate shall not preside if the Speaker orPresident is chairperson.

(2) The members of the commission ap-pointed under subsection (1) of this sectionshall be entitled to payment of compensationand expenses under ORS 171.072 from fundsappropriated to the Legislative Assembly.[Formerly 184.905; 1983 c.740 §131; 1987 c.879 §15]

410.340 Appointments to fill vacancies.In case of a vacancy on the Governor′sCommission on Senior Services, the appoint-ing authority shall appoint a successor forthe remainder of the unexpired term.[Formerly 184.910; 1983 c.740 §132]

OREGON PROJECT INDEPENDENCE410.410 Definitions for ORS 410.410 to

410.480. As used in ORS 410.410 to 410.480:(1) “Authorized agency” means any or-

ganization designated by the Department ofHuman Services as an area agency on aging.

(2) “Authorized service” means any ser-vice designated by the department pursuantto rule to be eligible for Oregon Project In-dependence funding.

(3) “Department” means the Departmentof Human Services.

(4) “Home health service” means itemsand services furnished to an individual by ahome health agency, or by others under ar-rangement with such agency, on a visitingbasis in a place of temporary or permanentresidence used as the individual′s home forthe purpose of maintaining that individual athome.

(5) “Service provider” means any agencyor program that provides one or more au-thorized services under Oregon Project Inde-pendence. [1981 c.186 §1; 1983 c.740 §133]

410.420 Use of funds; rules. (1) Fundsappropriated for Oregon Project Independ-ence shall only be expended for the followingauthorized services:

(a) Homemaker;(b) Housekeeper;(c) Chore;

(d) Escort;(e) Home health;(f) Personal care service;(g) Elderly day care; and(h) Other services authorized by the De-

partment of Human Services.(2) The department shall adopt rules to

implement ORS 410.410 to 410.480. [1981 c.186§2; 1983 c.740 §134; 2001 c.900 §83]

410.422 Oregon Project IndependenceFund. (1) The Oregon Project IndependenceFund is established in the State Treasury,separate and distinct from the General Fund.Interest earned by the Oregon Project Inde-pendence Fund shall be credited to the Ore-gon Project Independence Fund. Moneys inthe Oregon Project Independence Fund atthe end of a biennium are retained in theOregon Project Independence Fund and donot revert to the General Fund.

(2) The Oregon Project IndependenceFund consists of moneys appropriated to thefund by the Legislative Assembly, interestearned by the fund, moneys contributed tothe fund by donors and moneys transferredto the fund under ORS 311.701.

(3) Moneys in the Oregon Project Inde-pendence Fund are continuously appropriatedto the Department of Human Services for thepurpose of funding Oregon Project Independ-ence as provided in ORS 410.410 to 410.480.[2005 c.749 §1]

410.425 Separate accounts for personsage 60 and over and for persons withAlzheimer′s disease or related disorders.Except as provided in ORS 410.422, the fundsavailable for purposes of ORS 410.410 to410.480 shall be kept in separate accounts inthe General Fund. One account shall be usedfor funds appropriated for persons otherwiseeligible who are 60 years of age or older. Theother account shall be used for funds appro-priated for persons otherwise eligible whohave Alzheimer′s disease or a related disor-der. [1987 c.692 §3; 2005 c.749 §2]

410.430 Eligibility for services underORS 410.410 to 410.480. (1) In order toqualify for services from an authorizedagency or service provider, each client orrecipient must:

(a) Be 60 years old or older or have beendiagnosed as having Alzheimer′s disease ora related disorder;

(b) Not be receiving financial assistancefrom the Department of Human Services, ex-cept food stamp benefits and limited Medi-care reimbursement benefits administered bythe department; and

(c) Be assessed to be at the risk of en-tering an institution.



(2) Eligibility determination shall be re-quired before any client may receive servicesfrom an authorized agency or service pro-vider. [1981 c.186 §3; 1987 c.692 §1; 1997 c.581 §3; 1999c.59 §105; 2001 c.900 §84]

410.435 Expansion of Oregon ProjectIndependence; rules. (1) NotwithstandingORS 410.430 and subject to the conditionsdescribed in subsection (2) of this section,the Department of Human Services shalladopt rules:

(a) Expanding the eligibility requirementsof Oregon Project Independence to coverpersons 19 years of age or older with phys-ical disabilities; and

(b) Expanding authorized services underOregon Project Independence to include:

(A) Public education on long term careplanning and resources;

(B) Establishment and maintenance of awebsite on long term care planning and re-sources; and

(C) Long term care case management andcase planning services offered for a fee topersons who are not eligible for servicesfrom Oregon Project Independence.

(2) The department may not adopt therules expanding Oregon Project Independ-ence described in subsection (1) of this sec-tion unless the amount of moneys in theOregon Project Independence Fund estab-lished in ORS 410.422 is sufficient to provideservices to eligible clients under ORS 410.410to 410.480 and is sufficient to fund the ex-pansion of the program to persons withphysical disabilities and the additional au-thorized services described in subsection (1)of this section.

(3) Rules adopted under subsection (1) ofthis section are valid only for the bienniumin which the rules are adopted. [2005 c.749 §9]

410.440 Priorities for services. (1) Eli-gible clients shall receive authorized serviceson a priority basis, with highest prioritiesreceiving services first.

(2) Priority for receipt of authorized ser-vices shall be:

(a) Clients already receiving authorizedservice as long as their condition indicatesservices are needed.

(b) Clients who are to be placed imme-diately in an institution if needed authorizedservices are not provided.

(c) Clients who are probably to be placedin an institution if needed authorized ser-vices are not provided. [1981 c.186 §4]

410.450 Determinations of eligibility;rules. (1) Eligibility determinations and de-terminations of services for Oregon ProjectIndependence shall be made in accordance

with rules of the Department of Human Ser-vices.

(2) Determination of services shall bebased on each client′s financial, physical,functional, medical and social need for suchservices.

(3) Clients who appear eligible for ser-vices provided by the department because ofdisability or age and income shall be en-couraged to apply to the department for ser-vice. [1981 c.186 §5; 1983 c.740 §135; 2005 c.22 §278]

410.460 Computation of allowablecosts. Allowable costs by authorized agen-cies are those associated with the directprovision of services to clients and such ad-ministrative costs as may be required to as-sure adequate services and to provideinformation to the Department of HumanServices. [1981 c.186 §6; 1983 c.740 §136]

410.470 Fees; collection; records; use.(1) The Department of Human Services shallestablish fees for services provided underORS 410.410 to 410.480 after consultationwith area agencies on aging. The fees maydiffer for different areas and for different in-come levels.

(2) Fees established under subsection (1)of this section shall be charged to all clients.

(3) A record of all fees collected shall bekept by each authorized agency and madeavailable upon request to the department.

(4) Nothing prevents any client of OregonProject Independence from making a con-tribution.

(5) Fees and any contribution must beused to expand services. [1981 c.186 §7; 1983 c.740§137; 2005 c.749 §10]

410.480 Required record keeping; au-dit. (1) Each authorized agency and serviceprovider shall maintain books, records, docu-ments and accounting procedures which re-flect costs and such other activities as theDepartment of Human Services may require.The books, records and documents shall bemade available to the department upon re-quest.

(2) Each authorized agency shall submitto the department an audit of its financialrecords annually. Such audits shall be con-ducted by an individual holding a permit is-sued by the Oregon Board of Accountancyunder ORS 673.010 to 673.457.

(3) Fiscal and program reports shall becompleted on forms provided by the depart-ment and be submitted to the department bythe specified due dates.

(4) The use or disclosure by any party ofany information concerning a recipient orclient of authorized services described inORS 410.410 to 410.480 for any purpose notdirectly connected with the administration



of the responsibilities of the department, oran authorized agency or a service provider isprohibited except with written consent of therecipient, or the legal representative thereof.[1981 c.186 §8; 1983 c.740 §138; 1999 c.322 §39]

ADULT DAY CARE SERVICE410.485 Legislative findings. The Legis-

lative Assembly finds that there is a need forthe Department of Human Services to pro-mote the availability of adult day care ser-vices and that flexibility in the combinationof adult day care with other community-based services gives individuals who wouldotherwise be placed in restrictive care set-tings a greater variety of choices. [1991 c.787§1]

410.490 Duties of department; rules.(1) To provide greater flexibility and avail-ability of services, the Department of HumanServices shall apply for waiver of federalstatutory and regulatory requirements tomake adult day care services available underORS chapter 414.

(2) The Department of Human Servicesshall adopt rules consistent with the rulesadopted under ORS 410.495, that include aprovision identifying adult day care as a ser-vice available for recipients eligible for med-ical assistance.

(3) As used in ORS 410.485 and this sec-tion, “adult day care” means community-based group programs designed to meet theneeds of adults with functional or cognitiveimpairments through individual plans of carethat are structured, comprehensive and pro-vide a variety of health, social and relatedsupport services in protective settings duringpart of the day but provide less than 24-hourcare. [1991 c.787 §§2,3; 2007 c.70 §176]

410.495 Registry for adult day careprograms in state; rules. (1) The Depart-ment of Human Services shall develop a reg-istry of all adult day care programs inOregon.

(2) The department shall adopt rules, tobe followed voluntarily, substantially con-sistent with standards established by the Or-egon Association of Adult Day Care Servicesregarding adult day care programs. Eachprogram in the registry shall indicate forinclusion in the registration data the extentto which the program agrees to operate inconformity with the rules adopted under thissection.

(3) As used in this section, “adult daycare” means a community-based group pro-gram designed to meet the needs of adultswith functional or cognitive impairmentsthrough an individual plan of care. “Adultday care” means a structured, comprehensiveprogram that provides a variety of health,

social and related support services in a pro-tective setting during part of a day but forless than 24 hours. [1991 c.788 §1; 2007 c.70 §177]

LONG TERM CARE(Assessment of Needs)

410.505 Definitions for ORS 410.505 to410.545. As used in ORS 410.505 to 410.545:

(1) “Admission assessment” means a pro-fessional program that provides an assess-ment of the long term care needs of personsapplying for or considering admission to anintermediate care facility or who have re-mained in a skilled nursing facility for morethan 30 days, and who are not or do not ap-pear to be Medicaid eligible. The programincludes providing information regarding ap-propriate service and placement alternatives,including nursing facilities and community-based options. The program includes all ser-vices necessary to comply with the minimumfederal criteria for preadmission screeningestablished by the Health Care FinancingAdministration under the Omnibus BudgetReconciliation Act of 1987. The admissionassessment shall provide the applicant withappropriate options but the recommendationof the admission assessment team is notbinding; the applicant has the right to choosefrom any options which are available.

(2) “Intermediate care facility” means afacility as defined in ORS 442.015 and whichis Medicaid certified.

(3) “Skilled nursing facility” means a fa-cility as defined in ORS 442.015 and which isMedicaid certified. [1989 c.912 §2]

410.510 Establishment of procedurefor assessment. For reasons stated in ORS410.030 (2), the Department of Human Ser-vices shall establish a procedure for assess-ment of the long term care needs of eachperson making application for admission toan intermediate care facility and for eachperson who remains in a skilled nursing fa-cility for more than 30 days. [1989 c.912 §3]

410.515 Notice of availability of ad-mission assessment services; disclosureform; department to provide services;maximum fees. (1) Prior to admission to anadult foster home, as defined in ORS 443.705,a residential care facility, as defined in ORS443.400, an assisted living facility or a nurs-ing facility that is not Medicaid certified, theperson seeking admission shall be advised bythe facility of the availability of admissionassessment services at the person′s own ex-pense and shall sign a disclosure form indi-cating that the person has been so advised.

(2) The Department of Human Servicesshall establish a fee and provide assessmentservices to such persons upon request. Thedepartment shall establish a maximum fee



that certified programs may charge suchpersons.

(3) Adult foster homes, residential carefacilities, assisted living facilities and nurs-ing facilities that are not Medicaid certifiedshall maintain a record of such disclosureforms and shall make them available to thedepartment or area agencies on aging uponrequest. [1989 c.912 §10]

410.520 When assessment to occur;exceptions. (1) Subject to subsection (2) ofthis section, admission screening shall occur:

(a) Before admission to an intermediatecare facility; and

(b) Within seven days following the 30thday from admission to a skilled nursing fa-cility.

(2) Subsection (1) of this section does notapply for the following:

(a) Patients transferred from one facilityto another providing the same level of care;

(b) Patients who are returning to anintermediate care facility after having en-tered acute care facilities from such facili-ties;

(c) Patients who are being admitted to anintermediate care facility for less than 30days. If a patient is admitted under this par-agraph and is to remain in the facility formore than 30 days, the patient shall receivean assessment within seven days followingthe 30th day from admission;

(d) Patients who must be admitted imme-diately to a nursing facility. Patients admit-ted under this paragraph shall receive anassessment within seven days of admission;

(e) Patients who are entering a nursinghome that is part of a continuing care re-tirement community; and

(f) Patients discharged from an acutecare facility who opt to receive assessmentservices beyond the minimum federal criteriafrom the Department of Human Services oran area agency on aging rather than from acertified program may receive these addi-tional assessment services within seven daysof admission. [1989 c.912 §4]

410.525 Disclosure of fees; waiver ofassessment; additional assessment ser-vices. (1) If the admission assessment is per-formed by a certified program, the programshall disclose to the person receiving the as-sessment any portion of the fee that may becharged to that person, and shall inform theperson of the right of the person to receivean assessment from the Department of Hu-man Services or an area agency on aging atno charge.

(2) The department or area agencies onaging shall not charge any portion of the feeto the person receiving the assessment.

(3) Once the person or persons perform-ing the assessment have met the minimumfederal criteria, the person receiving the as-sessment shall have the option to receiveadditional assessment services and informa-tion regarding appropriate placement alter-natives. The person shall sign a form to bedeveloped by the department indicating theperson′s preference. [1989 c.912 §6]

410.530 Department authority; deleg-ation; advisory committee; rules. (1) TheDepartment of Human Services has the fol-lowing authority which it may delegate toany program certified by the department toprovide assessment services:

(a) To provide information and educationto the general public, hospitals, nursing fa-cilities and physicians regarding availabilityof the assessment program.

(b) To accept referrals from individuals,families, physicians, human service profes-sionals, nursing home professionals, socialservice agencies or other organizations.

(c) To assess the long term care needs ofreferred persons.

(d) To identify available noninstitutionalservices to meet the needs of referred per-sons, including public and private case man-agement services.

(e) To prepare, explain and documentrecommendations for persons receiving as-sessment program services as to the need forskilled nursing care, for intermediate care asprovided in a facility or for other care whichis available in the community.

(f) To inform referred persons of the ex-tent to which home and community-basedservices are available, and of their right tochoose among the appropriate alternativesthat may be available, in consultation withan attending physician and a family member.

(g) To provide public education targetedat older persons, care givers and families re-garding alternative long term care services.

(h) To determine and publish minimumqualifications for members of the admissionassessment team.

(2)(a) After consultation with the com-mittee appointed under subsection (3) of thissection, the Department of Human Servicesshall adopt by rule criteria and proceduresfor certifying and decertifying public or pri-vate admission assessment programs andcontracting with certified programs. The de-partment shall establish a maximum fee thata certified program may charge for assess-ment services. The rules shall specify that acertified program may not charge the person



receiving assessment services for any portionof the fee associated with the services nec-essary to meet the minimum federal criteria.

(b) In certifying a program, the depart-ment shall determine that the program in-cludes:

(A) Adequately trained personnel;(B) Information regarding appropriate

service and placement alternatives, includingnursing facilities and community-basedoptions;

(C) Provisions to the applicant of infor-mation about appropriate options; and

(D) Prohibition of an assessment beingprovided by any certified program which hasany financial interest in the facility to whichplacement is recommended.

(c) The program shall not require therecommendation of the admission team bebinding and the applicant has the right tochoose from any options that are available.

(3) The Director of Human Services shallappoint an advisory committee to advise thedepartment in certifying and decertifyingprograms that provide or fail to provide theservice described in this section. The direc-tor shall appoint representatives from theOregon Association of Hospitals, the OregonHealth Care Association, the Oregon Associ-ation of Homes for the Aging and represen-tatives of organizations of seniors. [1989 c.912§5; 1991 c.67 §104]

410.535 Rules. The Department of Hu-man Services shall adopt rules to carry outthe provisions of ORS 410.505 to 410.545, in-cluding, but not limited to:

(1) Granting exceptions to ORS 410.540;and

(2) Insuring confidentiality of all clientinformation gathered during the admissionassessment process. [1989 c.912 §8]

410.540 Compliance as condition forlicensure. Compliance with the provisionsof ORS 410.505 to 410.545 shall be a condi-tion for licensure as a nursing facility. [1989c.912 §7]

410.545 Implementation of ORS 410.505to 410.545 requires federal funding. Imple-mentation of ORS 410.505 to 410.545 is sub-ject to federal fund participation of theadmission assessment activities specified inORS 410.510 to 410.530. [1989 c.912 §12]

(Advisory Council)410.550 Medicaid Long Term Care

Quality and Reimbursement AdvisoryCouncil; membership; duties. (1) TheMedicaid Long Term Care Quality and Re-imbursement Advisory Council is created, toconsist of 12 members. Appointed members

shall be residents of the State of Oregon andrepresentative of the geographic locations ofall long term care facilities and community-based care facilities in this state. The mem-bers shall include:

(a) The Long Term Care Ombudsman,who shall serve as a standing member of thecouncil;

(b) A representative of the Governor′sCommission on Senior Services, to be ap-pointed by the commission;

(c) A representative of the Oregon Disa-bilities Commission, to be appointed by thecommission;

(d) A representative of the Oregon Asso-ciation of Area Agencies on Aging and Disa-bilities, to be appointed by the Governor;

(e) A representative of a senior or disa-bilities advocacy organization or an individ-ual who advocates on behalf of seniors orpersons with disabilities, to be appointed bythe Governor;

(f) A nursing home administrator licensedunder ORS 678.710 to 678.840 who has prac-ticed continuously in Oregon in long termcare for three years immediately precedingappointment, to be appointed by the Speakerof the House of Representatives;

(g) Two consumers of long term care fa-cilities or community-based care facilities orfamily members of such residents, to be ap-pointed by the Speaker of the House of Rep-resentatives;

(h) A director of nurses of an Oregonlong term care facility who has practiced inthis state in long term care for three yearspreceding appointment, to be appointed bythe Speaker of the House of Representatives;

(i) A representative of an assisted livingfacility or a residential care facility, to beappointed by the President of the Senate;

(j) A representative of an adult fosterhome, to be appointed by the President of theSenate; and

(k) An in-home care agency provider, tobe appointed by the President of the Senate.

(2) The term of office for each memberappointed under this section shall be threeyears or until a successor has been appointedand qualified.

(3) Members of the council shall receiveno compensation for their services but un-paid volunteers not otherwise compensatedshall be allowed actual and necessary travelexpenses incurred in the performance oftheir duties.

(4) The council shall:(a) Elect a chairperson from among its

members and elect or appoint a secretary,



each of whom shall hold office for one yearor until successors are elected;

(b) Hold an annual meeting and holdother meetings at such times and places asthe Department of Human Services or thechairperson of the council may direct;

(c) Keep a record of its proceedings thatis open to inspection at all times; and

(d) Act in an advisory capacity to thedepartment on matters pertaining to qualityof long term care facilities and community-based care facilities and reimbursement forlong term care services and community-basedcare services. [1995 c.667 §1; 2001 c.104 §142]

410.555 Submission of changes toMedicaid reimbursement system to coun-cil; advisory recommendation; approval;report; budget review; rules. (1) The De-partment of Human Services shall submit tothe Medicaid Long Term Care Quality andReimbursement Advisory Council, for thecouncil′s review and recommendation, anyproposed change or modification to the Ore-gon Medicaid reimbursement system for longterm care services and community-based careservices.

(2) Upon review of any proposed changeor modification under subsection (1) of thissection, the council shall issue a written ad-visory recommendation to the department.The recommendation shall state whether thecouncil supports or opposes the proposedchange or modification and whether thecouncil believes the proposed change ormodification will have an adverse or positiveeffect on the quality of long term care ser-vices and community-based care servicesprovided under the Oregon Medicaid pro-gram.

(3) Prior to implementing any change ormodification to the reimbursement system forlong term care services and community-basedcare services, the Department of HumanServices shall submit the council′s writtenrecommendation to the Legislative Assemblyor to the Emergency Board if the LegislativeAssembly is not in session. Before institutingthe proposed change or modification, the de-partment shall obtain the approval of theLegislative Assembly or the EmergencyBoard if the Legislative Assembly is not insession. A proposed change or modificationwith an estimated fiscal impact of $100,000or less shall be exempt from the provisionsof this subsection.

(4) At the beginning of each legislativesession, the Medicaid Long Term Care Qual-ity and Reimbursement Advisory Councilshall review the Governor′s proposed budgetfor the Department of Human Services.

(5) The Department of Human Servicesshall adopt such rules as are reasonably

necessary for the enforcement of this section.The department shall submit to the councilany proposed rule that directly or indirectlyaffects payment rates prior to proceedingwith the notice requirements provided for inORS 183.335. The department shall considerthe comments of the council that pertain tothe proposed rule. [1995 c.667 §2]

HOME CARE COMMISSION410.600 Definitions for ORS 410.600 to

410.625. As used in ORS 410.600 to 410.625:(1) “Activities of daily living” includes

but is not limited to the following:(a) Bathing and personal hygiene;(b) Dressing and grooming;(c) Eating;(d) Mobility;(e) Bowel and bladder management; and(f) Cognition.(2) “Area agency” has the meaning given

that term in ORS 410.040.(3) “Commission” means the Home Care

Commission established and operated pursu-ant to section 11, Article XV of the OregonConstitution, and ORS 410.600 to 410.625.

(4) “Elderly person” has the meaninggiven that term in ORS 410.040.

(5) “Home care services” means assist-ance with activities of daily living and self-management provided by a home care workerin the home of an elderly person or personwith a disability.

(6) “Home care worker” means a person:(a) Who is hired directly by an elderly

person or person with a disability who re-ceives moneys from the Department of Hu-man Services for that purpose;

(b) Whose compensation is paid in wholeor in part by the department, an area agencyor other public agency that receives moneysfrom the department for that purpose; and

(c) Who provides either hourly or live-inhome care services.

(7) “Person with a disability” has themeaning given that term in ORS 410.040.

(8) “Self-management” includes but is notlimited to the following activities, other thanactivities of daily living, required by an indi-vidual to continue living independently inthe individual′s own home:

(a) Medication and oxygen management;(b) Transportation;(c) Meal preparation;(d) Shopping; and(e) Client focused general household

work. [2001 c.901 §1; 2003 c.14 §177; 2007 c.70 §178]



410.602 Home Care Commission;membership; rules. (1) The Home CareCommission is created, consisting of ninemembers appointed by the Governor andconfirmed by the Senate as provided in ORS171.562 and 171.565. Five members shall beelderly persons or persons with disabilitieswho are receiving or who have receivedhome care services. One member shall beappointed to represent each of the followingentities, or a successor entity, for as long asa comparable entity exists:

(a) Governor′s Commission on SeniorServices;

(b) Department of Human Services;(c) Oregon Disabilities Commission; and(d) Oregon Association of Area Agencies

on Aging and Disabilities.(2) The members shall be appointed for

terms of three years. A member is eligiblefor reappointment and may serve no morethan three consecutive terms. When makingappointments to the commission, the Gover-nor may consider recommendations from theentities listed in subsection (1) of this sectionand other organizations representing the in-terests of elderly persons and persons withdisabilities.

(3) If there is a vacancy for any cause,the Governor shall make an appointment tobecome immediately effective for the unex-pired term.

(4) The commission shall exercise allpowers necessary to effectuate the purposesof ORS 410.600 to 410.625.

(5) The Governor shall select annuallyfrom the membership of the commission achairperson who serves at the pleasure of theGovernor. The chairperson or majority of themembers of the commission then in officeshall have the power to call regular or spe-cial meetings of the commission. The com-mission shall meet at a place, date and hourdetermined by the commission.

(6) Members of the commission shall bepaid compensation and expenses as providedin ORS 292.495 from such funds as may beavailable to the commission.

(7) Meetings of the commission shall beopen and public in accordance with ORS192.610 to 192.690. Records of the commissionshall be open and available to the public inaccordance with ORS 192.410 to 192.505. Thecommission shall meet regularly with theexecutive director of the Home Care Com-mission to make recommendations and setpolicy, to approve or reject reports of theexecutive director, to adopt rules and totransact other business.

(8) A quorum of the commission shallconsist of a majority of the members of the

commission then in office. All decisions ofthe commission shall be made by a majorityof all the members then in office.

(9) The commission shall, in accordancewith ORS chapter 183, adopt and enforcerules to carry out the provisions of ORS410.600 to 410.625.

(10) The commission is not subject toORS 291.050 to 291.060.

(11) Members of the commission are offi-cers of the state and the commission is astate commission for purposes of ORS 30.260to 30.300 and 278.120 and ORS chapter 180.

(12) The chairperson may sign, on behalfof the commission, contracts or agreementsthat the commission authorizes or is requiredto execute. [2001 c.901 §2; 2007 c.70 §179; 2007 c.797§3]

410.604 Duties of commission; execu-tive director. (1) The Home Care Commis-sion shall ensure the quality of home careservices by:

(a) Establishing qualifications for homecare workers with the advice and consent ofthe Department of Human Services as thesingle state Medicaid agency;

(b) Providing training opportunities forhome care workers and elderly persons andpersons with disabilities who employ homecare workers;

(c) Establishing and maintaining a regis-try of qualified home care workers;

(d) Providing routine, emergency and re-spite referrals of home care workers;

(e) Entering into contracts with publicand private organizations and individuals forthe purpose of obtaining or developing train-ing materials and curriculum or other ser-vices as may be needed by the commission;and

(f) Working cooperatively with areaagencies and state and local agencies to ac-complish the duties listed in paragraphs (a)to (e) of this subsection.

(2)(a) The commission shall enter into aninteragency agreement with the departmentto contract for a department employee toserve as executive director of the commis-sion. The executive director shall be ap-pointed by the Director of Human Servicesin consultation with the Governor and sub-ject to approval by the commission, and shallserve at the pleasure of the Director of Hu-man Services. The commission may delegateto the executive director the authority to acton behalf of the commission to carry out itsduties and responsibilities, including but notlimited to:

(A) Entering into contracts or agree-ments; and



(B) Taking reasonable or necessary ac-tions related to the commission′s role as em-ployer of record for home care workers underORS 410.612.

(b) The commission shall enter into aninteragency agreement with the departmentfor carrying out any of the duties or func-tions of the commission, for department ex-penditures and for the provision of staffsupport by the department.

(3) When conducting its activities, and inmaking decisions relating to those activities,the commission shall first consider the effectof its activities and decisions on:

(a) Improving the quality of service de-livered by home care workers; and

(b) Ensuring adequate hours of serviceare provided to elderly persons and personswith disabilities by home care workers.

(4) The commission has the authority tocontract for services, lease, acquire, hold,own, encumber, insure, sell, replace, deal inand with and dispose of real and personalproperty in its own name. [2001 c.901 §3; 2007 c.70§180; 2007 c.797 §4]

410.606 Referral of qualified individ-uals on commission registry. The Depart-ment of Human Services, an area agency orother public agency shall provide to an indi-vidual seeking a home care worker thenames of qualified individuals, in the appro-priate geographic area, who have been placedon the registry maintained by the Home CareCommission. [2001 c.901 §4]

410.608 Selection of home care worker;right to terminate employment; eligibilitydetermination made by Department ofHuman Services. (1) An elderly person ora person with a disability who hires a homecare worker has the right to select the homecare worker, including a family member.

(2) An elderly person or a person with adisability who hires a home care worker hasthe right to terminate the employment of thehome care worker at any time and for anyreason.

(3) The Department of Human Servicesshall determine the eligibility of an elderlyperson or a person with a disability to re-ceive home care services under the Medicaidprogram and state-funded long term careservices. [2001 c.901 §5; 2007 c.70 §181]

410.610 [1981 c.183 §1; 1987 c.428 §27; 1989 c.721 §50;renumbered 124.050 in 1995]

410.612 Collective bargaining. (1) Forpurposes of collective bargaining under ORS243.650 to 243.782, the Home Care Commis-sion is the employer of record for home careworkers.

(2) Notwithstanding subsection (1) of thissection, home care workers may not be con-

sidered for any purposes to be an employeeof the State of Oregon, an area agency orother public agency.

(3) The Oregon Department of Adminis-trative Services shall represent the commis-sion in collective bargaining negotiationswith the certified or recognized exclusiverepresentatives of all appropriate bargainingunits of home care workers. The departmentis authorized to agree to terms and condi-tions of collective bargaining agreements onbehalf of the commission and the Departmentof Human Services. [2001 c.901 §6]

410.614 Rights of home care workers.Notwithstanding ORS 243.650 (19) and (20),the Home Care Commission shall be consid-ered a public employer and home care work-ers shall be considered public employeesgoverned by ORS 243.650 to 243.782. Homecare workers have the right to form, join andparticipate in the activities of labor organ-izations of their own choosing for the pur-pose of representation and collectivebargaining with the commission on mattersconcerning employment relations. Theserights shall be exercised in accordance withthe rights granted to public employees withmediation and interest arbitration underORS 243.742 as the method of concluding thecollective bargaining process. Home careworkers do not have the right to strike. [2001c.901 §7]

410.620 [1981 c.183 §2; renumbered 124.055 in 1995]

410.625 Authority of commission; bud-get. (1) In carrying out its duties under ORS410.600 to 410.625, the Home Care Commis-sion may:

(a) Enter into an interagency agreementor a contract with any state agency for theperformance of the commission′s duties orthe leasing of office space;

(b) Provide nonemployee compensation tohome care workers or prospective home careworkers who attend training sessions ap-proved or sponsored by the commission;

(c) On behalf of an elderly person or adisabled person who hires a home careworker through the Home Care Commissionregistry, elect workers′ compensation cover-age or arrange for health insurance cover-age, including group coverage, for theperson′s home care workers; and

(d) As prescribed by rule, charge fees toand collect fees from persons who attendtraining sessions sponsored by the commis-sion and who currently are not home careworkers.

(2) The commission and the Departmentof Human Services shall confer as to theamount of funds necessary to carry out theduties and activities of the commission, andthe department shall include the agreed upon



amount in the Governor′s budget request tothe Legislative Assembly.

(3) The commission may apply for andreceive gifts and grants from any public orprivate source.

(4) The commission may award grantsfrom funds appropriated by the LegislativeAssembly to the department for allocation tothe commission or from funds otherwiseavailable from any other source for the pur-pose of carrying out the duties of the com-mission under ORS 410.600 to 410.625. [2007c.797 §2]

410.630 [1981 c.183 §3; renumbered 124.060 in 1995]410.640 [1981 c.183 §4; 1983 c.434 §3; renumbered

124.065 in 1995]410.650 [1981 c.183 §5; 1983 c.434 §1; 1983 c.740 §139;

renumbered 124.070 in 1995]410.660 [1981 c.183 §6; renumbered 124.075 in 1995]410.670 [1981 c.183 §7; 1987 c.428 §28; renumbered

124.080 in 1995]410.680 [1981 c.183 §8; 1985 c.651 §1; renumbered

124.085 in 1995]410.690 [1981 c.183 §9; 1983 c.434 §2; 1985 c.651 §2;

renumbered 124.090 in 1995]410.700 [1981 c.183 §10; renumbered 124.095 in 1995]

STATE POLICY ON PERSONS WITHDISABILITIES

410.710 State policy on persons withdisabilities. The Legislative Assembly findsand declares that it is a policy of this statethat:

(1) All persons regardless of any disabil-ity have the right to live their lives withdignity and to participate in society and allstate programs to the fullest extent possible.

(2) There is a need for education of stateemployees and the public generally about thecapacity of persons with disabilities to par-ticipate and compete in the mainstream ofsociety.

(3) Stereotypes and negative labels haveno place in state laws and words such as“victim,” “afflicted,” “crippled” and “hand-icapped” that have connotations of unclean,unworthy, unproductive and begging arejudgmental. Wherever possible, words suchas these shall be avoided.

(4) The language of state laws shall re-flect a positive outlook about persons withdisabilities. The worth and uniqueness ofeach individual citizen is to be emphasizedby using words and phrases that emphasizethe person first and then identify any disa-bility when relevant. [1989 c.224 §1; 2005 c.411 §3]

410.715 Person suffering brain injuryto be considered person with disability. Itis the policy of the state that any person ex-periencing an injury defined as an injury to

the brain caused by extrinsic forces wherethe injury results in the loss of cognitive,psychological, social, behavioral or physio-logical function for a sufficient time to affectthat person′s ability to perform activities ofdaily living shall be considered a person witha disability. [1991 c.402 §1; 2007 c.70 §182]

410.720 Mental health and addictionservices for senior citizens and personswith disabilities. (1) It is the policy of thisstate to provide mental health and addictionservices for all Oregon senior citizens andpersons with disabilities through a compre-hensive and coordinated statewide networkof local mental health services and alcoholand drug abuse education and treatment.These services should involve family andfriends and be provided in the least restric-tive and most appropriate settings.

(2) The Department of Human Servicesshall facilitate the formation of local com-munity partnerships between the senior, dis-ability, mental health, alcohol and drugabuse and health care communities by sup-porting the development of program ap-proaches including, but not limited to:

(a) Mental health and addictionscreenings and assessments in long term caresettings;

(b) Outreach services to seniors and per-sons with disabilities in their homes, includ-ing gatekeeper programs, neighborhoodprograms and programs designed for ruralcommunities;

(c) Multilingual and multicultural med-ical and psychiatric services for ethnic mi-norities with physical disabilities andhearing impairments;

(d) Education and training for healthcare consumers, health care professionalsand mental health and addiction servicesproviders on mental health and addiction is-sues, programs and services for seniors andpersons with disabilities; and

(e) Education and consultation servicesfor primary care physicians treating seniorsand persons with disabilities.

(3) In carrying out the provisions of sub-sections (1) and (2) of this section, the de-partment shall:

(a) Develop plans for service coordinationwithin the department;

(b) Recommend budget provisions for thedelivery of needed services offered by thedepartment; and

(c) Develop plans for expanding mentalhealth and addiction services for seniors andpersons with disabilities to meet the increas-ing demand. [1991 c.775 §2; 2001 c.104 §143; 2001 c.900§85; 2005 c.691 §6]



TRUST FUNDS FOR PERSONS WITHDISABILITIES

410.730 Self-Sufficiency Trust Fund;rules. (1) The Self-Sufficiency Trust Fund isestablished, separate and distinct from theGeneral Fund, in the State Treasury. Interestearned, if any, shall inure to the benefit ofthis fund. The purpose of the Self-SufficiencyTrust Fund is to provide a life-care planningoption to meet the supplemental serviceneeds of individuals with disabilities by ena-bling parents, families and others to planmore secure futures for their dependentswith disabilities or other named beneficiarieswith disabilities without fear of loss of bene-fits or invasion of trust principal.

(2) The State Treasurer shall be custo-dian of the Self-Sufficiency Trust Fund, andthe Oregon Department of AdministrativeServices shall direct payments from the trustfund upon vouchers properly certified by theDirector of Human Services.

(3) The Director of Human Services mayaccept money from a self-sufficiency trustdescribed in subsection (8) of this section fordeposit in the Self-Sufficiency Trust Fundpursuant to an agreement with the trust. TheDepartment of Human Services shall main-tain separate accounting records in the Self-Sufficiency Trust Fund for each namedbeneficiary and shall promptly credit to eachaccount moneys deposited in the Self-Sufficiency Trust Fund by a self-sufficiencytrust described in subsection (8) of this sec-tion on behalf of a named beneficiary.

(4) The agreement, naming one or morebeneficiaries residing in this state who havedevelopmental disabilities, mental illness orphysical disabilities or persons otherwise eli-gible for benefits or services due to disabil-ity, shall specify the supplementary care,support or treatment to be provided for eachnamed beneficiary with the moneys depositedin the Self-Sufficiency Trust Fund.

(5) The State Treasurer shall credit in-terest on the Self-Sufficiency Trust Fund tothe fund, and the Department of HumanServices shall allocate the interest pro ratato the respective accounts of the named ben-eficiaries of the Self-Sufficiency Trust Fund.

(6) The moneys in each account togetherwith any accumulated interest on that ac-count shall be expended only to provide sup-plementary care, support and treatment forthe named beneficiary in accordance withthe terms of the agreement. The moneys fromeach account shall not be expended to pro-vide supplementary care, support and treat-ment unless the named beneficiary is 18years of age or older or is emancipated, orthe parents of the beneficiary have died, orin cases of extreme, unforeseen hardship. If

the agreement so provides, the moneys ineach account may be expended for purposesother than providing supplementary care,support and treatment upon a showing of ex-treme, unforeseen hardship. The Departmentof Human Services shall by rule establishcriteria for determining what conditionsconstitute extreme, unforeseen hardship al-lowing expenditure of moneys for purposesother than providing supplementary care,support and treatment.

(7) In the event that the Director of Hu-man Services determines that the money inthe account of a named beneficiary cannotbe used for supplementary care, support ortreatment of the beneficiary in a mannerconsistent with the agreement, the remainingmoney in the account, together with any ac-cumulated interest, shall be promptly re-turned to the self-sufficiency trust whichdeposited the money in the Self-SufficiencyTrust Fund.

(8) A nonprofit corporation that is a501-C-3 organization under the United StatesInternal Revenue Code of 1954 and that isorganized under the Nonprofit CorporationAct, Title 13-B, may establish a self-sufficiency trust for the purpose of providingfor supplementary care, support or treatmentof one or more persons who have devel-opmental disabilities, mental illness or phys-ical disabilities or persons otherwise eligiblefor benefits or services due to disability bydepositing the proceeds in the Self-Sufficiency Trust Fund established undersubsections (1) to (7) of this section.

(9) The receipt by a beneficiary of sup-plementary care, support or treatment pro-vided with money from the Self-SufficiencyTrust Fund shall not in any way reduce, im-pair or diminish the benefits to which thebeneficiary is otherwise entitled by law. Nointerest in the principal or income of thistrust shall be anticipated, assigned or en-cumbered, or shall be subject to any credi-tor′s claim or to legal process, prior to itsactual receipt by the beneficiary. Further-more, because of the special needs of thebeneficiary, no part of the corpus thereof,nor principal nor undistributed income shallbe subject to the claims of voluntary or in-voluntary creditors for the provision of careand services, including residential care, byany public entity, office, department oragency of the State of Oregon or of any otherstate, or of the United States or any othergovernmental agency.

(10) The Director of Human Servicesshall serve as the official who implementsthe provision of care, support or treatmentfor the beneficiary from moneys maintainedin the Self-Sufficiency Trust Fund in thebeneficiary′s name. The director shall adopt



rules necessary for the administration andthe implementation of this subsection.[Formerly 412.700; 2007 c.70 §183]

410.732 Disabilities Trust Fund; rules.(1) The Disabilities Trust Fund is established,separate and distinct from the General Fund,in the State Treasury. The purpose of theDisabilities Trust Fund is to provide supple-mental services to meet the needs of low in-come and indigent individuals withdisabilities.

(2) The State Treasurer shall be custo-dian of the Disabilities Trust Fund and theOregon Department of Administrative Ser-vices, subject to appropriations, shall directpayments for the benefit of low income andindigent people with disabilities or recipientsof services from the Department of HumanServices, or both, from the trust fund as re-commended by the Director of Human Ser-vices.

(3) The Director of Human Services mayaccept for deposit in the Disabilities TrustFund:

(a) Moneys left to the Disabilities TrustFund by donors of a self-sufficiency trust de-scribed in ORS 410.730 (8) at the death of thebeneficiary with a disability; and

(b) Bequests and contributions from pri-vate donors, corporations or foundations.

(4) The State Treasurer shall credit in-terest on the Disabilities Trust Fund to thefund.

(5) Moneys in the Disabilities Trust Fundshall be expended only to provide supple-mental services to meet the need for care,support or treatment for low income or indi-gent individuals with developmental disabili-ties, mental illness or physical disabilities orwho are otherwise eligible to receive servicesor benefits because of disability.

(6) The receipt by a beneficiary of sup-plementary care, support or treatment pro-vided with money from the Disabilities TrustFund shall not in any way reduce, impair ordiminish the benefits to which the benefici-ary is otherwise entitled by law. No interestin the principal or income of this trust shallbe anticipated, assigned or encumbered, orshall be subject to any creditor′s claim or tolegal process, prior to its actual receipt bythe beneficiary. Furthermore, because of thespecial needs of the beneficiary, no part ofthe corpus thereof, nor principal nor undis-tributed income shall be subject to theclaims of voluntary or involuntary creditorsfor the provision of care and services, in-cluding residential care, by any public entity,office, department or agency of the State ofOregon or of any other state, or of theUnited States or any other governmentalagency.

(7) The Director of Human Services shallserve as the official who implements theprovision of care, support or treatment forthe beneficiary from moneys available fromthe Disabilities Trust Fund. The directorshall adopt rules necessary for the adminis-tration and implementation of this section.

(8) The care, support or treatment pro-vided under ORS 410.730 and this sectionmust conform to the waiver requirements ofthe federal Centers for Medicare andMedicaid Services.

(9) Upon the death of a named benefici-ary of a self-sufficiency trust established un-der ORS 410.730 (8), the balance of anymoney deposited to the account of the bene-ficiary in the Self-Sufficiency Trust Fundshall be transferred to the Disabilities TrustFund for the purposes described in subsec-tion (1) of this section unless the agreemententered into between the Director of HumanServices and the self-sufficiency trust underORS 410.730 (3) provides otherwise. The Di-rector of Human Services shall enter into noagreement under ORS 410.730 (3) unless theagreement provides that at least 50 percentof any moneys credited to the account of thenamed beneficiary at the time of the benefi-ciary′s death be transferred from the Self-Sufficiency Trust Fund to the DisabilitiesTrust Fund upon the death of the benefici-ary. [Formerly 412.710; 2007 c.70 §184]

PROGRAM TO SERVE NEEDS OF PERSONS WHO ARE DEAF

OR HARD OF HEARING410.740 Oregon Deaf and Hard-of-

Hearing Services Program; advisorycommittee. (1) The Oregon Deaf and Hard-of-Hearing Services Program is created inthe Department of Human Services. Thepurpose of the program is to assist membersof the public and state agencies in makingagency programs available and accessible toindividuals who are deaf or hard of hearing.

(2) The program may also provide thefollowing:

(a) Identification and publicity of theneeds and concerns of individuals who aredeaf or hard of hearing as their needs andconcerns relate to the full achievement ofeconomic, social, legal and political equity.

(b) Advice to the Department of HumanServices, the Governor, the Legislative As-sembly and appropriate state agency admin-istrators on how state services forindividuals who are deaf or hard of hearingmight be improved or better coordinated tomeet the needs of these individuals.

(c) Information to individuals who aredeaf or hard of hearing about where theymay obtain assistance in rehabilitation and



employment and about laws prohibiting dis-crimination in employment as a result ofdisability.

(d) Cooperation with and assistance tointerest groups in rehabilitation and employ-ment of individuals who are deaf or hard ofhearing and encouragement of public andprivate employers to undertake affirmativeaction to ensure equitable employment of in-dividuals who are deaf or hard of hearing.

(e) Promotion of a continuous programof information and education to employersand the general public to increase awarenessof and sensitivity to the needs of individualswho are deaf or hard of hearing for equitableeducation and training that will ensure forthese individuals their full vocational poten-tial.

(f) Promotion of a continuous informationprogram for placement of individuals who aredeaf or hard of hearing in suitable employ-ment.

(3)(a) The Director of Human Servicesshall appoint an advisory committee to ad-vise the director regarding the program. Thedirector shall consult with the advisory com-mittee regarding the services described inthis section.

(b) The director shall appoint to the ad-visory committee 12 individuals who haveexperience in issues that affect individualswho are deaf or hard of hearing. [2005 c.663§11; 2007 c.70 §185]

MISCELLANEOUS410.850 [1985 c.647 §2; repealed by 1987 c.523 §1

(410.851 enacted in lieu of 410.850)]

410.851 Policy on patient-based re-imbursement system for long term carefacilities; rules. (1) The Legislative Assem-bly finds and declares that patients admittedto and cared for by long term care facilities

in Oregon are more impaired than in thepast. In keeping with the traditional com-mitment of the State of Oregon to the careand protection of its citizens who are frailor elderly or who have disabilities, as ex-pressed in ORS 410.020 (1) to (6), the Legis-lative Assembly declares that a patient-basedreimbursement system emphasizing qualityincentives is appropriate for long term carefacilities. Such a system would reward longterm care facilities for outcomes, such asmaintaining or improving a patient′s condi-tion, and meet the legitimate costs of caringfor patients.

(2) “Patient-based reimbursement” meansreimbursement for direct patient care ac-cording to the needs of the patient, based onmultiple levels of patient health, functioningand impairment. Notwithstanding the above,patient-based reimbursement does not requirethe Department of Human Services to assesseach patient and reimburse long term carefacilities according to the constantly chang-ing conditions of the patients except forchanges between skilled and intermediatelevels of care which shall result in promptreadjustment of rates.

(3) The Department of Human Servicesshall establish by rule definitions of levels ofcare and the payment rates for the patient-based reimbursement system. [1987 c.523 §2 (en-acted in lieu of 410.850); 2007 c.70 §186]

PENALTIES410.890 Civil penalty. Violation of ORS

410.520 shall be subject to a civil penalty notto exceed $5,000, imposed in the manner pro-vided in ORS 441.705 to 441.745. [1989 c.912 §9;1991 c.67 §105]

410.990 [1981 c.183 §12; 1999 c.1051 §177; renumbered124.990 in 2001]


410...410.010 state policy for seniors and people with disabilities 410.020 implementation of state...

Documents