ORS Chapter 410
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