In the OSIPM program, an individual who meets all of the requirements below is subject to the OSIPM income limit specified in OAR 461-155-0250(6):

1. (1) The individual has been assessed by an Independent and Qualified Agent (IQA) and determined eligible to receive 1915(i) Home and Community-Based Services (HCBS) as specified in OAR 410-173-0010.

2. (2) The individual meets one of the following:

   1. (a) Resides or will reside in a 24-hour behavioral health residential care setting.  For purposes of this rule, only the following types of treatment centers qualify as a 24-hour behavioral health residential care setting:

      1. (A) A behavioral health adult foster home.
      2. (B) A behavioral health residential treatment home.
      3. (C) A behavioral health residential treatment facility.
   2. (b) The individual will receive 1915(i) HCBS services in their own home.
3. (3) The individual is not assumed eligible for OSIPM under OAR 461-135-0010, and does not meet the income requirements for OSIPM for those in a standard living arrangement (see OAR 461-001-0000) under section (3) of OAR 461-155-0250.
4. (4) The individual is age 21 or older.

Statutory/Other Authority

ORS 409.050, 411.060, 411.404, 413.085 & 414.685

Statutes/Other Implemented

ORS 409.010, 411.060 & 411.404

History

SSP 5-2022, amend filed 02/02/2022, effective 02/02/2022
SSP 77-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, adopt filed 06/05/2018, effective 07/01/2018