Chapter 410 — Seniorand Disability Services

 

2009 EDITION

 

 

SENIORAND DISABILITY SERVICES

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

SERVICESFOR SENIORS AND PEOPLE WITH DISABILITIES

 

(Generally)

 

410.010 Statepolicy for seniors and people with disabilities

 

410.020 Implementationof state policy

 

410.030 Legislativefindings on long term care options

 

410.040 Definitionsfor ORS 410.040 to 410.320

 

410.050 Generalpolicy

 

410.060 Policyfor persons with disabilities served by department

 

(StateAdministration)

 

410.070 Dutiesof Department of Human Services; elderly persons and persons with disabilities;rules

 

410.072 Determinationof annual budget levels for type B area agencies; rules

 

410.074 Consultationwith representatives of type B area agencies on rules establishing methodology

 

410.075 Authorityof department to hold title to property; rules

 

410.080 Departmentas single state agency for federal programs

 

410.090 Departmentto implement supportive social services for persons age 60 and older; rules

 

410.100 Whendepartment to administer area agency programs

 

410.110 Revolvingfund

 

410.120 Seniorand Disabled Services Account

 

410.140 Records;rules

 

410.150 Useof files; confidentiality; privileged communications

 

410.160 Limitationon estate claims

 

410.180 Longterm care reimbursement audit manual

 

410.190 Representationof corporation in contested case proceedings before department

 

(AreaAgencies)

 

410.210 Areaagency advisory councils; membership; duties

 

410.220 Useof state and local resources

 

410.230 Expenditureof local funds not required

 

(TypeA Agencies)

 

410.240 Operationof type A agencies

 

410.250 Dutiesof type A agencies

 

(TypeB Agencies)

 

410.270 Operationof type B agencies

 

410.280 Dutiesof type B agencies

 

410.290 Conditionsto designation as type B agency; plan of operation

 

410.295 Authorityof type B agency to regulate adult foster homes

 

410.300 Transferof state employees to type B agency; conditions

 

GOVERNOR’SCOMMISSION ON SENIOR SERVICES

 

410.320 Governor’sCommission on Senior Services

 

410.330 Legislatormembers; expenses

 

410.340 Appointmentsto fill vacancies

 

OREGONPROJECT INDEPENDENCE

 

410.410 Definitionsfor ORS 410.410 to 410.480

 

410.420 Useof funds; rules

 

410.422 OregonProject Independence Fund

 

410.425 Separateaccounts for persons age 60 and over and for persons with Alzheimer’s diseaseor related disorders

 

410.430 Eligibilityfor services under ORS 410.410 to 410.480

 

410.435 Expansionof Oregon Project Independence; rules

 

410.440 Prioritiesfor services

 

410.450 Determinationsof eligibility; rules

 

410.460 Computationof allowable costs

 

410.470 Fees;collection; records; use

 

410.480 Requiredrecord keeping; audit

 

ADULTDAY CARE SERVICE

 

410.485 Legislativefindings

 

410.490 Dutiesof department; rules

 

410.495 Registryfor adult day care programs in state; rules

 

LONGTERM CARE

 

(Assessmentof Needs)

 

410.505 Definitionsfor ORS 410.505 to 410.545

 

410.510 Establishmentof procedure for assessment

 

410.515 Noticeof availability of admission assessment services; disclosure form; departmentto provide services; maximum fees

 

410.520 Whenassessment to occur; exceptions

 

410.525 Disclosureof fees; waiver of assessment; additional assessment services

 

410.530 Departmentauthority; delegation; advisory committee; rules

 

410.535 Rules

 

410.540 Complianceas condition for licensure

 

410.545 Implementationof ORS 410.505 to 410.545 requires federal funding

 

(AdvisoryCouncil)

 

410.550 MedicaidLong Term Care Quality and Reimbursement Advisory Council; membership; duties

 

410.555 Submissionof changes to Medicaid reimbursement system to council; advisoryrecommendation; approval; report; budget review; rules

 

HOMECARE COMMISSION

 

410.600 Definitionsfor ORS 410.600 to 410.625

 

410.602 HomeCare Commission; membership; rules

 

410.604 Dutiesof commission; executive director

 

410.606 Referralof qualified individuals on commission registry

 

410.608 Selectionof home care worker; right to terminate employment; eligibility determinationmade by Department of Human Services

 

410.612 Collectivebargaining

 

410.614 Rightsof home care workers

 

410.625 Authorityof commission; budget

 

STATEPOLICY ON PERSONS WITH DISABILITIES

 

410.710 Statepolicy on persons with disabilities

 

410.715 Personsuffering brain injury to be considered person with disability

 

410.720 Mentalhealth and addiction services for senior citizens and persons with disabilities

 

TRUSTFUNDS FOR PERSONS WITH DISABILITIES

 

410.730 Self-SufficiencyTrust Fund; rules

 

410.732 DisabilitiesTrust Fund; rules

 

PROGRAMTO SERVE NEEDS OF PERSONS WHO ARE DEAF OR HARD OF HEARING

 

410.740 OregonDeaf and Hard-of-Hearing Services Program; advisory committee

 

MISCELLANEOUS

 

410.851 Policyon patient-based reimbursement system for long term care facilities; rules

 

PENALTIES

 

410.890 Civilpenalty

 

SERVICESFOR SENIORS AND PEOPLE WITH DISABILITIES

 

(Generally)

 

410.010State policy for seniors and people with disabilities. (1) TheLegislative Assembly finds and declares that, in keeping with the traditionalconcept of the inherent dignity of the individual in our democratic society,the older citizens of this state are entitled to enjoy their later years inhealth, honor and dignity, and citizens with disabilities are entitled to livelives of maximum freedom and independence.

(2)The Legislative Assembly declares that the policy of this state is to provideand encourage programs necessary to fulfill the commitment stated in subsection(1) of this section and that the purpose of policies stated in this section andORS 410.020 is to provide a guide for the establishment and implementation ofprograms for older citizens and citizens with disabilities in this state. Itfurther declares that the programs shall be initiated, promoted and developedthrough:

(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 state and local programs, that willencourage and monitor federal programs and that will act as an advocate forolder Oregon citizens; and

⚖️ State Laws