Or. Admin. Code § 411-320-0040

Current through Register Vol. 63, No. 8, August 1, 2024

Section 411-320-0040 - Program Responsibilities

A CDDP must ensure the provision of the following services and system supports.

(1) ACCESS TO SERVICES.

(a) A person may not be denied developmental disabilities services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, source of income, duration of residence, or other protected classes under federal and Oregon Civil Rights laws.

(b) A CDDP must ensure that eligibility for developmental disabilities services is determined in accordance with OAR 411-320-0080 by an eligibility specialist trained in accordance with OAR 411-320-0030.

(c) An individual determined eligible for developmental disabilities services by a CDDP must also be eligible for any developmental disabilities services subject to the eligibility requirements described in the rules associated with the service.

(2) COORDINATION OF SERVICES.

(a) COMMUNITY SERVICES. A CDDP must coordinate planning and implementation of services for an individual between components of the CDDP, other local and state human service agencies, and any other providers as appropriate for the needs of the individual.

(b) NONRESIDENT CHILDREN.

(A) A CDDP must compile and maintain a list of local providers who are qualified to provide home and community-based services in their service area. A CDDP must assist a parent in obtaining home and community-based services for the parent's child if:

(i) The parent is an Oregon resident who meets the residency requirements in OAR 461-120-0010;

(ii) The parent has a child who does not reside in Oregon but who visits the parent in Oregon for at least six weeks each year; and

(iii) The child qualifies for home and community-based services in the child's state of residence.

(B) A CDDP must:

(i) Provide the parent with a list of local providers;

(ii) Contact the state Medicaid agency in the child's state of residence to facilitate payment for the home and community-based services;

(iii) Assist the parent in providing any documentation required by the child's state of residence; and

(iv) Notify the Department of the child seeking services.

(3) PAYMENT AND REPORTING SYSTEM.

(a) A CDDP must ensure all individuals determined to be eligible for developmental disabilities services are enrolled in the Department's electronic payment and reporting systems. The county of origin must enroll an individual into the Department's electronic payment and reporting systems for all developmental disabilities services except in the following circumstances:

(A) The Department completes the enrollment or termination for children entering or leaving a licensed 24-hour residential setting that is directly contracted with the Department.

(B) The Department completes the enrollment, termination, and billing forms for children entering or leaving CIIS.

(C) When an individual is enrolled in a brokerage and the individual moves from one CDDP geographic service area to another CDDP geographic service area, the new CDDP must enroll the individual in the Department's electronic payment and reporting systems.

(b) A CDDP must terminate an individual's authorization of services prior to terminating the individual's enrollment into the CDDP in the Department's electronic payment and reporting systems when the individual exits all developmental disabilities services.

(c) A CDDP retains responsibility for maintaining case management enrollment in the Department's electronic payment and reporting systems for an individual enrolled in a brokerage until the individual exits the brokerage.

(4) CASE MANAGEMENT SERVICES.

(a) A CDDP must deliver case management, as described in OAR chapter 411, division 415, to individuals who are eligible for and desire case management from the CDDP. A CDDP may provide case management to individuals who are waiting for a determination of eligibility and reside in the county at the time they apply.

(b) For an individual newly determined eligible for developmental disabilities services, a CDDP must assure that the individual and the individual's legal representative are provided a description of case management and other service delivery options. This information must include all of the following:

(A) A description of processes involved in using developmental disabilities services, including person-centered planning, evaluation, and how to raise and resolve concerns about developmental disabilities services.

(B) Clarification of CDDP employee responsibilities as mandatory abuse reporters.

(C) Disclosure of any potential affiliation between the CDDP and providers available to the individual.

(D) For an adult, information about all case management entities operating in the county of origin, using materials provided by each case management entity when the materials are made available to the CDDP.

(5) ABUSE INVESTIGATIONS.

(a) A CDDP must assure that abuse investigations for adults with intellectual or developmental disabilities are appropriately reported and conducted by trained staff according to statute and administrative rules, including the investigation of complaints of abuse, writing investigation reports, and monitoring the implementation of report recommendations. When there is reason to believe a crime has been committed, a CDDP must report to law enforcement.

(b) A CDDP must report any suspected or observed abuse of a child directly to the Department or local law enforcement.

(6) PROTECTIVE SERVICES. When a CDDP or OTIS abuse investigator determines that a CDDP must take a protective services action following a report of abuse, the CDDP must implement the action. If unable to implement the action, the CDDP must immediately notify the abuse investigator.

(a) Any protective services must be provided in a manner that is least intrusive to adult individuals and provides for the greatest degree of independence available within existing resources.

(b) The CDDP must report the outcome of protective services to the abuse investigator upon completion.

(7) RECOMMENDED ACTIONS. When a CDDP receives a recommended action included in an abuse investigation and protective services report, as described in OAR 419-100-0080, the CDDP must:

(a) Implement the recommended action within the specified timeline and report back to the abuse investigator that the recommended action was completed; or

(b) With prior agreement from the abuse investigator, implement an alternative action and report back to the abuse investigator that the action was completed.

(8) FOSTER HOMES. When there is need for additional foster care providers, a CDDP must recruit applicants to operate foster homes and maintain forms and procedures necessary to license or certify the foster homes. The CDDP must maintain copies of all of the following records for a foster home:

(a) Initial and renewal applications.

(b) All inspection reports completed by the CDDP, including required annual renewal inspection and any other inspections.

(c) General information about the foster home.

(d) Documentation of references, classification information, credit check (if necessary), background check, and training for providers and substitute caregivers.

(e) Documentation of foster care exams for adult foster home providers.

(f) Correspondence.

(g) Meeting notes.

(h) Financial records.

(i) Annual agreement or contract.

(j) Legal notices and final orders for rule violations, conditions, denials, or revocations (if any).

(k) Copies of the annual license or certificate for the foster home.

(9) AGENCY COORDINATION. A CDDP must assure coordination with other agencies to develop and manage resources within the county or region to meet the needs of individuals.

(10) EMERGENCY PLANNING. A CDDP must ensure the availability of a written emergency procedure and disaster plan for meeting all civil or weather emergencies and disasters. The emergency procedure and disaster plan must be immediately available to the CDDP manager and employees. The emergency procedure and disaster plan must be integrated with the county emergency preparedness plan, where appropriate, and include all of the following:

(a) Provisions for coordinating with all developmental disabilities service provider agencies in the county and any Department offices, as appropriate.

(b) Provisions for identifying individuals most vulnerable.

(c) Any plans for health and safety checks, emergency assistance, and any other plans that are specific to the type of emergency.

(d) Business continuity plans that are inclusive of business operation procedures in the event of a civil or weather related emergency.

(11) CIVIL COMMITMENT. Civil commitment services must be provided in accordance with ORS 427.215 through 427.306.

(12) VARIANCE REQUESTS. A CDDP must forward a signed variance request form submitted by a provider to the Department within 30 calendar days from the receipt of the request indicating the position of the CDDP on the proposed variance.

Or. Admin. Code § 411-320-0040

SPD 24-2003, f. 12-29-03, cert. ef. 1-1-04; SPD 28-2004, f. & cert. ef. 8-3-04; SPD 16-2005(Temp), f. & cert. ef. 11-23-05 thru 5-22-06; SPD 5-2006, f. 1-25-06, cert. ef. 2-1-06; SPD 9-2009, f. & cert. ef. 7-13-09; SPD 22-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SPD 57-2013, f. 12-27-13, cert. ef. 12-28-13; APD 23-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 41-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 36-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16; APD 16-2016, f. 6-28-16, cert. ef. 6/29/2016; APD 45-2019, amend filed 10/29/2019, effective 11/1/2019; APD 5-2023, amend filed 05/01/2023, effective 5/1/2023; APD 44-2024, minor correction filed 07/17/2024, effective 7/17/2024

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 409.050, 427.104, 427.105, 427.115, 427.154, 430.662 & 430.731

Statutes/Other Implemented: ORS 409.010, 427.005-427.154, 430.215, 430.610, 430.620, 430.662, 430.664 & 430.731-430.768