The rules in OAR chapter 411, division 4 provide a foundation of standards to support the network of Medicaid-funded and private pay residential and non-residential Home and Community-Based Services (HCBS), Home and Community-Based (HCB) settings, and person-centered service planning for individuals receiving HCBS in Oregon. Additional standards are set forth in OAR chapters 309 and 411.

1. (1) These rules are consistent with the missions and goals of the Department of Human Services (DHS) and the Oregon Health Authority (OHA) to help people achieve optimum physical, mental, and social well-being and independence.

2. (2) These rules ensure that individuals receive HCBS in settings that are integrated in and support the same degree of access to the greater community as people not receiving HCBS, including opportunities for individuals enrolled in or utilizing HCBS to:

   1. (a) Seek employment and work in competitive integrated employment settings;
   2. (b) Engage in greater community life;
   3. (c) Control personal resources; and
   4. (d) Receive services in the greater community.

3. (3) These rules implement the regulations and expectations of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) in the following areas:

   1. (a) HCBS and HCB settings authorized under the following Medicaid authorities:

      1. (A) 1915(c) — HCBS Waivers;
      2. (B) 1915(i) — State Plan HCBS; or
      3. (C) 1915(k) — Community First Choice (K State Plan Option).

   2. (b) HCBS and HCB settings delivered through the following program areas:

      1. (A) DHS, Aging and People with Disabilities;
      2. (B) DHS, Office of Developmental Disabilities Services; and
      3. (C) OHA.
   3. (c) Programs, services, or settings designated as HCB and licensed, certified or endorsed by, and receiving oversight from, DHS, or OHA.
   4. (d) Alternative resources specifically authorized as HCB by DHS or OHA.
   5. (e) Person-centered service plans for individuals receiving HCBS. Person-centered service plans provide the written details of the supports, desired outcomes, activities, and resources required for individuals to achieve and maintain personal goals and health and safety.

Statutory/Other Authority

ORS 409.050, 413.042 & 413.085

Statutes/Other Implemented

ORS 409.050, 413.042 & 413.085

History

APD 15-2017, f. 6-26-17, cert. ef. 7-1-17
APD 23-2015, f. 12-15-15, cert. ef. 1-1-16