Or. Admin. Code § 411-030-0068

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

Section 411-030-0068 - Shift Services

(1) An individual is only eligible for shift services if the assessment and submission and review of a time/task log documenting three consecutive days of care provided determines the individual meets the criteria described in section (2) of this rule.

(2) Individuals must meet subsections (a) and either (b) or (c) of this section of the rule.

(a) The provision of assistance with at least one ADL or IADL task must be required sometime during each hour the individual is awake in order to ensure the safety and well-being of the individual. To meet this subsection, the individual, their representative, if applicable, or the case manager must submit a time/task log detailing the performance of the ADL and IADL tasks as defined in OAR chapter 411, division 015 for three (3) consecutive 24-hour periods. The log shall include the name of the task, the action performed and the duration of the task. The log must be complete and acceptable to the Department to qualify.

(b) The individual is assessed as full assist in mobility or elimination as defined in OAR 411-015-0006, and has at least one of the following conditions:

(A) A debilitating medical condition that includes, but is not limited to, any of the following:

(i) Cachexia;

(ii) Severe neuropathy;

(iii) Coma;

(iv) Persistent or reoccurring stage 3 or 4 wounds;

(v) Late stage cancer;

(vi) Frequent and unpredictable seizures; or

(vii) Debilitating muscle spasms.

(B) A spinal cord injury or similar disability with permanent impairment.

(C) An acute care or hospice need that is expected to last no more than six months.

(c) The individual is assessed as full assist in cognition as defined in OAR 411-015-0006.

(3) Shift services hours may be reduced from the maximum of 16 hours a day for any of the following reasons:

(a) Reduced frequency or duration of an ADL need.

(b) Durable medical equipment, assistive technology or home modification reduces need for assistance.

(c) Individual preference.

(d) Services and supports provided by natural supports.

(e) Services and supports provided or funded by another agency.

(f) IADL hours due to small living space.

(4) DHS Central Office shall make the final determination of eligibility for shift services and the number of hours authorized for the individual by using the criteria in sections 2 and 3 of this rule.

(5) Exceptions to the 16 hour limit may, at the sole discretion of the Department, be approved if the criteria in 411-030-0071 are met.

(6) An individual may be eligible for a differential rate in accordance with the terms of the ratified collective bargaining agreement described in OAR 411-031-0020, if requested through the Case Manager and if the following applies:

(a) The individual is diagnosed with quadriplegia or a condition that is substantially similar;

(b) The individual is dependent on a ventilator;

(c) The individual is eligible for and receives shift services;

(d) The individual requires 24-hour awake care, of which, at least 16 hours must be paid shift care; and

(e) The plan is approved by Central Office.

(7) An individual may be eligible for an exceptional rate in accordance with the terms of the ratified collective bargaining agreement and the training requirements described in OAR 411-031-0040(8)(h), if the following applies:

(a) The individual requires extensive behavioral support and is assessed as a Substantial Assist or Full Assist in the component of Challenging Behaviors as described in OAR 411-015-0006(3)(d);

(b) The individual is eligible for and receives at least 16 hours of paid care per day; and

(c) The plan is approved by Central Office.

Or. Admin. Code § 411-030-0068

APD 19-2015(Temp), f. & cert. ef. 9-21-15 thru 3-18-16; APD 5-2016, f. 3-15-16, cert. ef. 3/18/2016; APD 12-2016(Temp), f. 6-27-16, cert. ef. 7-1-16 thru 12-27-16; APD 44-2016, f. 12-20-16, cert. ef. 12/28/2016; APD 18-2017(Temp), f. & cert. ef. 8-1-17 thru 1-27-18; APD 21-2017, temporary amend filed 09/29/2017, effective 10/01/2017 through 01/27/2018; APD 3-2018, amend filed 01/27/2018, effective 1/28/2018; APD 3-2020, temporary amend filed 02/21/2020, effective 02/21/2020 through 08/18/2020; APD 32-2020, amend filed 07/23/2020, effective 8/1/2020; APD 14-2023, temporary amend filed 08/22/2023, effective 9/1/2023 through 2/27/2024; APD 6-2024, amend filed 02/22/2024, effective 2/23/2024

Statutory/Other Authority: ORS 409.050, 410.070 & 410.090

Statutes/Other Implemented: ORS 410.010, 410.020 & 410.070