Or. Admin. Code § 407-025-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 407-025-0010 - Definitions

As used in OAR 407-025-0000 through 407-025-0115, the following definitions apply:

(1) "Annual plan" means the written summary a service coordinator or personal agent completes for an individual who is not enrolled in the waiver or community first choice services. An annual plan is not an individual support plan ("ISP") and is not a plan of care for Medicaid purposes.

(2) "Career development plan" means part of an ISP or annual plan regarding Office of Developmental Disability Services' (ODDS) services. A career development plan identifies the individual's employment goals and objectives, the persons, agencies, and providers assigned to assist the individual to attain those goals, the obstacles to the individual working in competitive integrated employment in an integrated employment setting, and the services and supports necessary to overcome those obstacles. Career development plans shall be based on person-centered planning principles.

(3) "Competitive integrated employment" means work that is performed on a full-time or part-time basis (including self-employment):

(a) For which an individual:

(A) Is compensated at a rate that:

(i) Is not less than the higher of the rate specified in federal, state, or local minimum wage law, and also is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

(ii) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training experience, and skills; and

(B) Is eligible for the level of benefits provided to other employees;

(b) That is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and

(c) That, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

(4) "Comprehensive vocational assessment" means an assessment administered for individuals eligible for employment services from vocational rehabilitation or transition services from local educational agencies under the Individuals with Disabilities Education Act (IDEA) to provide employment-related information for the development or revision of an individual's employment-related planning document, such as the individual plan for employment (IPE), or individual education plan (IEP).

(5) "Department" means the Department of Human Services.

(6) "Department integrated employment rules" means this rule and any ODDS rule or Vocational Rehabilitation Services (VR) rule that expressly describes itself as falling under this definition.

(7) "Deputy Superintendent of Public Instruction" means the head of the Oregon Department of Education who oversees the education of students in the state's public and charter schools. The position is appointed by the Governor and formally confirmed by the Oregon Senate.

(8) "Director" means the Director of the Department of Human Services.

(9) "Discovery" means a time-limited, comprehensive and person-centered employment planning support service to better inform an individual seeking competitive integrated employment in an integrated employment setting and to create a discovery profile for the individual. Discovery includes a series of work or volunteer-related activities to inform the individual and the job developer about the individual's strengths, interests, abilities, skills, experiences, and support needs, as well as to identify the conditions or employment settings in which the individual will be successful. Discovery is not a comprehensive vocational assessment.

(10) "Employment services" means services provided or funded by ODDS or VR that are intended to assist an individual with an intellectual or developmental disability (I/DD) to choose, get, learn, and keep work in an integrated employment setting. Employment services will utilize evidence-based practices in instances where they exist. Employment services shall be self-directed and "individualized," meaning that services shall be individually planned, based on person-centered planning. Employment services may include post-secondary education and training to the extent they reinforce employment goals and are reflected in an individual's ISP or individual plan for employment services.

(11) "Evidence-based practices" means well-defined best practices which have been demonstrated to be effective with the I/DD population or the relevant subset of that population, such as youth 16 or older, by multiple peer-reviewed research studies that are specific to the I/DD population or subset of that population.

(12) "Goals achievement statement" means a document published by the Department stating either:

(a) The Department is meeting the goals described in OAR 407-025-0030(1); or

(b) The Department has not met a current goal described in OAR 407-025-0030, and the Department's corrective action plan for meeting the goals described in OAR 407-025-0030 in the future.

(13) "Individual" or "Individuals with I/DD" are persons who have an intellectual disability as defined in OAR chapter 411, division 320, or a developmental disability as defined in OAR chapter 411, division 320.

(14) "Integrated employment setting" means:

(a) An employment setting that satisfies the requirements for competitive integrated employment, or

(b) An employment setting that provides opportunities for individuals to have interaction with non-disabled persons. The setting must allow an individual to interact with non-disabled persons in a manner typical to the employment setting. Such settings may include small group employment. Employment in an integrated employment setting does not mean facility-based work in a sheltered workshop, and cannot be non-work activities such as day support activities.

(15) "ODDS" means the Department's Office of Developmental Disability Services.

(16) "ODDS/VR target population" means sheltered workshop workers and transition-age individuals as defined in this rule.

(17) "Person-centered planning" for employment services means:

(a) A timely and formal or informal process that is driven by the individual with an intellectual or developmental disability that gathers and organizes information that helps an individual:

(A) Determine and describe choices about personal employment goals, activities, services, provides, and lifestyle preferences;

(B) Design strategies and networks of support to achieve goals and a preferred lifestyle using individual strengths, relationships, and resources; and

(C) Identify, use, and strengthen naturally occurring opportunities for support at home and in the community.

(b) The methods for gathering information vary, but all are consistent with the individual's cultural considerations, needs, and preferences.

(18) "Policy group" means a group consisting of representatives of the Oregon Department of Education (ODE), the Department, legislators, and stakeholders formed to make recommendations to the Director and the Deputy Superintendent of Public Instruction regarding design and implementation on issues including but not limited to education, outreach, development of provider capacity, training, and processes for assessment and discovery.

(19) "Qualified employment services provider" means a provider of employment services that meets the qualification requirements to deliver employment services consistent with OAR chapter 411, division 323; OAR chapter 411, division 340; OAR chapter 411, division 345; and OAR chapter 582, division 010.

(20) "Related employment services" are services which are provided by ODDS or VR in conjunction with or after the completion of needed employment services in order to enable an individual to maintain or advance in competitive integrated employment. Services may include but are not limited to benefits counseling, transportation support, personal care supports (such as activities of daily living), environmental accessibility adaptations, behavioral supports, assistive technology, and social skills training as they relate to continued participation in competitive integrated employment.

(21) "Self-employment" means an option for achieving competitive integrated employment and is recognized as a viable means of promoting independence and economic self-sufficiency. Self-employment generally refers to one person owning and controlling the operations and management of an enterprise that reflects the owner's skills, interests, and preferred work environment. An individual in self-employment may or may not receive ongoing supports. Self-employment yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, who are self-employed in similar occupations or on similar tasks, and who have similar training, experience, and skills.

(22) "Sheltered workshop workers" means working-age individuals with I/DD found eligible for ODDS employment services and who worked in sheltered workshops on or after the effective date of Executive Order 13-04.

(23) "Sheltered workshop" means a facility in which individuals with I/DD are congregated for the purpose of receiving employment services and performing work tasks for pay at the facility. A sheltered workshop primarily employs individuals with I/DD and other disabilities, with the exception of service support staff. A sheltered workshop is a fixed site that is owned, operated, or controlled by a provider, where an individual has few or no opportunities to interact with non-disabled individuals, except paid support staff. A sheltered workshop is not small group employment in an integrated employment setting, and is not otherwise an integrated employment setting as defined in this rule.

(24) "Small group employment" means work performed in regular business, industry, and community settings by groups of two to eight individuals with I/DD. It is not competitive integrated employment, which is the much preferred and optimal form of employment for individuals with I/DD, but small group employment can have value as a way to offer additional opportunities for integration and employment while further exploring competitive integrated employment. Small group employment is provided in an integrated employment setting and in a manner that promotes integration into the workplace and interaction between participants and people without disabilities. Small group employment must allow an individual to interact with non-disabled persons in a manner typical to the employment setting. The wage paid to the supported individual must meet or exceed state and local minimum wage requirements as specified in competitive integrated employment, and wages and benefits must be comparable to those paid without disabilities who perform similar work. The individual must maintain goals to pursue competitive integrated employment opportunities. Small group employment support is funded by ODDS. VR may not fund small group employment.

(25) "Statewide Employment Coordinator" means the person designated by the Director to oversee and coordinate the Department's employment services program and all activities required by the Department, ODDS, or VR under the Department's integrated employment rules.

(26) "Supported employment" means services provided to support competitive integrated employment, self-employment, and small group employment.

(27) "The State" means the Office of Developmental Disability Services and Vocational Rehabilitation, as administered through the Department of Human Services and the Oregon Department of Education.

(28) "Transition age" means individuals:

(a) Not older than 24 years of age,

(b) Not younger than 14 years of age.

(A) With respect to VR, individuals who are under 16 years of age may receive employment services with Department approval.

(B) With respect to ODDS, individuals who are under 18 years of age may receive employment services with Department approval.

(29) "Transition-age individuals" means individuals with I/DD who at any time from the effective date of Executive Order 13-04 until July 1, 2022 meet the definition of transition-age, and who are found eligible for ODDS employment services as described in OAR chapter 411, division 345, or who are found eligible for ODDS and VR services.

(30) "Transition age target population" means transition age individuals with I/DD who receive employment services on or after July 1, 2013 through July 1, 2022.

(31) "Target population" means the transition age target population and the working age target population.

(32) "VR" means the Department's Vocational Rehabilitation Services.

(33) "Working age individuals" means adults with I/DD who are 21 or older and who no longer receive public school services, and those with I/DD over 60 or older who choose to continue employment.

(34) "Working age target population" means working age individuals with I/DD who receive sheltered workshop services on or after July 1, 2013.

Or. Admin. Code § 407-025-0010

DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 1-2014, f. & cert. ef. 2-14-14; DHSD 5-2015, f. 8-7-15, cert. ef. 8/9/2015

Stat. Auth.: ORS 409.050

Stats. Implemented: ORS 409.050