1. (1) A program, except for a SRTF, must have all of the following qualities:

   1. (a) The setting is integrated in and supports the resident’s same degree of access to the greater community as individuals’ not receiving HCBS including opportunities for a resident to:

      1. (A) Seek employment and work in competitive integrated employment settings:

         1. (i) For which a resident is compensated at a rate that:
         2. (l) Is not less than the higher of the rate specified in federal, state, or local minimum wage law;
         3. (ll) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not persons with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or
         4. (lll) In the case of a resident who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills.
         5. (ii) For which a resident is eligible for the level of benefits provided to other employees;
         6. (iii) At a location where the resident interacts with other individuals who are not individuals with disabilities. This does not include supervisory personnel or individuals providing services to the individual to the same extent as individuals without disabilities and who are in comparable positions who interact with others; and
         7. (iv) That present opportunities for advancement like those for other employees who are not individuals with disabilities and who have similar positions.
      2. (B) Engage in greater community life;
      3. (C) Control personal resources; and
      4. (D) Receive services in the greater community.

   2. (b) The program is selected by a resident or the resident’s legal representative from among available setting options for which the resident meets medical necessity criteria including non-disability specific settings and an option for a private unit in a residential setting. The setting options must be:

      1. (A) Identified and documented in the residents' person-centered service plan;
      2. (B) Based on the resident's needs and preference; and
      3. (C) Based on the resident’s available resources for room and board.
   3. (c) The program ensures resident rights of privacy, dignity, culturally responsive care, respect, and freedom from coercion and restraint;
   4. (d) The program optimizes, but does not regiment, resident initiative, autonomy, self-direction, and independence in making life choices including but not limited to daily activities, physical environment, with whom to interact, and with whom to engage and maintain their culturally specific relationships with; and
   5. (e) The provider must ensure that residents from the identified cultural group receive effective and respectful care that is provided in a manner compatible with their cultural beliefs and practices;
   6. (f) The program facilitates resident choice regarding services and supports and resident choice as to who provides the services and supports.

2. (2) The resident or the resident’s legal representative must have the opportunity to select from among available setting options including non-disability specific settings and an option for a private unit in a setting. The setting options must be:

   1. (a) Identified and documented in the person-centered service plan for the resident;
   2. (b) Based on the resident's needs and preferences; and
   3. (c) Based on the resident's available resources for room and board.

3. (3) The provider must take reasonable steps to ensure that the program maintains the qualities identified in sections (1) and (2) of this rule. Failure to take reasonable steps may include but is not limited to:

   1. (a) Failure to maintain a copy of the person-centered service plan at the setting;
   2. (b) Failure to cooperate or provide necessary information to the person-centered planning coordinator; or
   3. (c) Failure to attend or schedule a person-centered planning meeting where applicable.

4. (4) A program must maintain the following:

   1. (a) The setting must be physically accessible to a resident;
   2. (b) The provider must provide the resident a unit of specific physical space that the resident may rent or occupy under a legally enforceable Residency Agreement;
   3. (c) The provider must provide and include in the Residency Agreement that the resident has, at a minimum, the same responsibilities and protections from an eviction that a tenant has under the landlord-tenant law of Oregon and other applicable laws or rules of the county, city, or other designated entity. For a setting in which landlord-tenant laws do not apply, the Residency Agreement must provide substantially equivalent protections for the resident and address the involuntary transfer and discharge administrative hearing processes. The involuntary transfer and discharge administrative hearing processes must be substantially equivalent to the processes provided under landlord-tenant laws. The resident has a right to be free of retaliation after they have exercised their rights provided by law or rule;
   4. (d) The provider must provide each resident with privacy in their own unit;
   5. (e) The provider must maintain units with entrance doors lockable by the resident. The program must ensure that only the resident, the resident’s roommate, where applicable, and only appropriate staff as described in the resident’s person-centered plan have keys to access the unit;
   6. (f) The provider must ensure that residents sharing units have a choice of roommates;
   7. (g) The provider must provide and include in the Residency Agreement that residents have the freedom to decorate and furnish their own unit;
   8. (h) The provider must allow each resident to have visitors of their choosing at any time;
   9. (i) The provider must ensure each resident has the freedom and support to control their own schedule and activities; and
   10. (j) The provider must ensure each resident has the freedom and support to have access to food at any time.
5. (5) A SRTF is not required to maintain the qualities or meet the obligations identified in section (4)(d)(e)(f)(h)(i) of this rule when these qualities are limited by the resident’s legal representative or supervisory entity. The SRTF provider is not required to seek an individually based limitation to comply with these rules.
6. (6) A supervisory entity or provider may modify or limit the rights identified in sections (1), (2), and 4(b) through (i) of this rule when providing services to a resident, who is placed with the provider by a court, OHA, CMHP or PSRB order under ORS chapters 161, 419C, or 426, as appropriate for the resident’s needs or as limited by the resident’s legal representative. When an activity is restricted by the supervisory entity, the conditional release evaluation or other documents describing the limitations, must be included in the application for an individually based limitation, when applicable, and incorporated in the resident’s Person-Centered Service Plan and included in the Residential Service Plan.
7. (7) When a provider is unable to meet the qualities outlined under section (4)(e) through (4)(j) of this rule due to threats to the health and safety of the resident or others, the provider may seek an individually based limitation with the consent of the resident or the resident’s legal representative. The provider may not apply an individually based limitation until the limitation is approved, consented, and documented as outlined in OAR 309-035-0195.

Statutory/Other Authority

ORS 413.042 & 443.450

Statutes/Other Implemented

ORS 413.032, 443.400 - 443.465 & 443.991

History

BHS 6-2026, amend filed 04/30/2026, effective 05/01/2026
BHS 5-2026, amend filed 04/30/2026, effective 06/01/2026
BHS 32-2025, temporary amend filed 12/30/2025, effective 01/01/2026 through 06/27/2026
BHS 4-2025, amend filed 02/28/2025, effective 03/01/2025
BHS 6-2024, amend filed 04/11/2024, effective 04/11/2024
BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 04/11/2024
MHS 5-2017, f. & cert. ef. 6-8-17
MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
MHS 4-2008, f. & cert. ef. 6-12-08
MHD 4-2005, f. & cert. ef. 4-1-05
MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98
MHD 9-1985, f. & ef. 6-7-85
MHD 9-1984(Temp), f. & ef. 12-10-84