1. (1) These rules prescribe minimum care and service standards by which the Health Systems Division (Division) of the Oregon Health Authority (Authority) licenses community-based Adult Foster Homes (AFHs) for adults with mental health conditions. The care and services standards are designed to promote the resident’s right to independence, choice, and decision making while providing a safe, secure, homelike environment. The provider must address the resident’s needs in a manner that enables the resident to function at the highest level of independence possible:

   1. (a) These rules incorporate and implement the requirements of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services for home and community-based services authorized under section 1915(i) of the Social Security Act; and
   2. (b) These rules establish requirements to ensure residents receive services in settings that are integrated in and support the same degree of access to the greater community as people not receiving these services consistent with the standards set out in Oregon Administrative Rule (OAR) chapter 411, division 004.
2. (2) These rules apply to adult foster homes providing care and services to five or fewer adults with mental health conditions, regardless of whether the provider receives public funds.

Statutory/Other Authority

ORS 413.042, 413.032 & 413.085

Statutes/Other Implemented

ORS 443.705 - 443.825

History

BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025
MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17
MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
MHS 4-2012, f. 5-3-12, cert. ef. 5-4-12
MHS 11-2011(Temp), f. & cert. ef. 12-5-11 thru 5-31-12
Renumbered from 309-040-0000, MHD 3-2005, f. & cert. ef. 4-1-05
MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99
MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)
MHD 6-1986, f. & ef. 7-2-86
MHD 19-1985(Temp), f. & ef. 12-27-85