Or. Admin. Code § 410-173-0060

Current through Register Vol. 63, No. 11, November 1, 2024

Section 410-173-0060 - HCBS Residential Habilitation

(1) HCBS Residential Habilitation Services are designed to assist and support an Individual to maintain, reacquire, or improve skills and functioning in ADL and IADL due to the symptoms of a behavioral health condition;

(2) HCBS Residential Habilitation shall include supervision, support, training, and assistance necessary for an Individual to develop, maintain or improve skills and competencies necessary to function as independently as possible and to the same degree as Individuals who do not access 1915(i) HCBS in the following areas:

(a) Behavior management skills;

(b) Financial literacy;

(c) Social Skills;

(d) Communication skills;

(e) Therapeutic activities;

(f) Community integration access, and inclusion; and

(g) Community navigation skills.

(3) Case management, service coordination, peer delivered services programs, and programs and resources managed by the IQA and directed by the Individual through person-centered service planning, to include:

(a) Identification of back-up plans as needed to mitigate health and safety risks to the Individual or others; and

(b) Identify procedures to follow when the primary provider is unable to deliver approved services.

(4) Nurse delegation tasks may be delivered as identified on the Individual's PCSP and as defined in OAR 410-173-0005, OAR 309-035-0105 and OAR 309-035-0215. Skilled services delegated by a Registered Nurse (RN) under Oregon's Nurse Practice Act may be considered personal care services and included in HCBS Residential Habilitation when the RN provides appropriate training and delegation of the listed nursing tasks in accordance with the Oregon Nurse Practice Act (OAR Chapter 851 Division 047);

(5) Completing ADL or IADL or nurse delegation tasks includes a range of assistance, based on assessed need, provided to Individual's with disabilities and chronic conditions that enables them to accomplish ADL/IADL tasks they would normally do for themselves if they did not have a disability or chronic condition. Assistance may be in the form of hands-on assistance, supervision and/or cueing;

(6) HCBS Residential Habilitation Services shall be provided in the following settings, as identified in the PCSP:

(a) Community;

(b) OHA BH licensed RTF- not Secured Residential Treatment Facilities;

(c) OHA, BH licensed RTH;

(d) OHA, BH licensed AFH;

(e) ODHS, APD licensed AFH;

(f) ODHS, ODDS licensed AFH;

(g) ODHS, APD licensed RCF;

(h) ODHS, APD licensed ALF;

(i) ODHS, ODDS certified Group Care Homes and State Operated Group Homes for Adults.

(7) HCBS Residential Habilitation Services shall be provided by the following provider types: who meet the qualifications defined in OAR chapter 309 division 019, OAR chapter 410 division172, or OAR chapter 950 division060:

(a) OHA licensed AFH providers meeting the qualifications described in OAR chapter 309 division 040;

(b) OHA licensed RTH providers meeting the qualifications described in OAR chapter 309 division 035;

(c) OHA licensed RTF providers meeting the qualifications described in OAR chapter 309 division 035;

(d) ODHS, APD licensed Adult Foster Homes meeting qualification described in OAR 411 division 050;

(e) ODHS, ODDS licensed Adult Foster Homes meeting qualification described in OAR chapter 411 division 360;

(f) ODHS, APD licensed Residential Care Facilities meeting qualifications described in OAR chapter 411 division 054;

(g) ODHS, APD licensed Assisted Living Facilities meeting qualifications described in chapter 411 division 054; or

(h) ODHS, ODDS certified Group Care Homes and State Operated Group Homes for Adults meeting qualifications described in OAR chapter 411 division 325;

(i) QMHP;

(j) QMHA;

(k) Recovery Assistant or Mentor;

(l) Certified Peer Support Specialist; or

(m) Mental Health Intern.

(8) Payment does not include the cost of room and board.

Or. Admin. Code § 410-173-0060

DMAP 12-2019, temporary adopt filed 05/21/2019, effective 06/01/2019 through 11/27/2019; DMAP 46-2019, adopt filed 11/07/2019, effective 11/26/2019; DMAP 43-2023, minor correction filed 05/24/2023, effective 5/24/2023; DMAP 42-2024, amend filed 02/14/2024, effective 2/29/2024

Statutory/Other Authority: ORS 413.032, 413.042, ORS 411.025, ORS 426.495, 430.610 & 430.630

Statutes/Other Implemented: ORS 413.032, 413.042, ORS 426.495, 430.610 & 430.630