Or. Admin. Code § 411-360-0020

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

Section 411-360-0020 - Definitions and Acronyms

OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 360. In addition to the definitions in OAR 411-317-0000, the following definitions apply specifically to the rules in OAR chapter 411, division 360. If the same word or term is defined differently in OAR 411-317-0000, the definition in this rule applies.

(1) "Adult Foster Home (AFH)" means any home in which residential care and services are provided in a home-like environment for compensation to five or fewer adults who are not related to the provider by blood, marriage, or adoption. An adult foster home does not include any house, institution, hotel, or other similar living situation that supplies room or board only, if no individual thereof requires any element of care.

(2) "Adult Foster Home for Individuals with Intellectual or Developmental Disabilities (AFH-DD)" means an adult foster home in which residential care and services are provided to support individuals with intellectual or developmental disabilities.

(3) "Advance Directive" or "Advance Directive for Health Care" means the legal document signed by an individual or their legal representative that provides health care instructions in the event the individual is no longer able to give directions regarding their wishes. The Advance Directive gives the individual the means to control their own health care in any circumstance. An Advance Directive for Health Care does not include Physician Orders for Life-Sustaining Treatment (POLST).

(4) "AFH-DD" means an "adult foster home for individuals with intellectual or developmental disabilities" as defined in this rule.

(5) "Applicant" means a person who completes an application for an adult foster home license who is also the owner of the business or a person who completes an application to become a resident manager. The term applicant includes a co-applicant (if applicable).

(6) "Bill of Rights" means the civil, legal, or human rights afforded to individuals in an adult foster home in accordance with those rights afforded to all other U.S. citizens including, but not limited to, those rights delineated in the Adult Foster Home Bill of Rights for individuals with intellectual or developmental disabilities described in OAR 411-360-0170.

(7) "Care" means supportive services that encourage maximum individual independence and enhance the quality of life for an individual including, but not limited to, the following:

(a) Provision of 24-hour supervision, being aware of the whereabouts of the individual, and ensuring the health, safety, and welfare of the individual.

(b) Assistance with activities of daily living and instrumental activities of daily living as defined in OAR 411-317-0000.

(c) Assistance with quality of life activities, such as socialization and recreation.

(d) Monitoring the activities of the individual to ensure the health, safety, and welfare of the individual.

(8) "Caregiver" means any person responsible for delivering care and services to support individuals. A caregiver includes a provider, resident manager, and any temporary, substitute, or supplemental caregiver or other person designated to provide care and service to support individuals in an AFH-DD.

(9) "CDDP means "Community Developmental Disabilities Program".

(10) "CMS" means "Centers for Medicare and Medicaid Services".

(11) "Community Nursing Services" mean the nursing services that focus on the chronic and ongoing health and safety needs of an individual. Community nursing services include an assessment, monitoring, delegation, training, and coordination of services. Community nursing services are provided according to the rules in OAR chapter 411, division 048 and the Oregon State Board of Nursing rules in OAR chapter 851.

(12) "Compensation" means monetary or in-kind payments by or on behalf of an individual to a provider in exchange for room and board, care, and services as indicated in the ISP or Service Agreement. Compensation does not include the voluntary sharing of expenses between or among roommates.

(13) "Condition" means a provision attached to a new or existing license that limits or restricts the scope of the license or imposes additional requirements on the licensee.

(14) "Controlled Substance" means any drug classified as schedules one through five under the Federal Controlled Substance Act.

(15) "Day Care" means the care, assistance, and supervision of an individual who does not stay overnight. Individuals receiving day care services are included in the licensed capacity of a home as described in OAR 411-360-0060.

(16) "Denial" means the refusal of the Department to issue a license to operate an AFH-DD because the Department has determined that an applicant or the home is not in compliance with one or more of these rules.

(17) "Disaster" means an occurrence beyond the control of a licensee, whether natural, technological, or man-made, that renders a home uninhabitable on a temporary, extended, or permanent basis.

(18) "Enjoin" means to prohibit by judicial order.

(19) "Exempt Area" means a county where the county agency provides similar programs for licensing and inspection of adult foster homes equal to, or superior to, the requirements of ORS 443.705 to 443.825 and the Director has exempted the county from the license, inspection, and fee provisions described in ORS 443.705 to 443.825. Exempt area county licensing rules require review and approval by the Director prior to implementation.

(20) "Facility" means the physical structure of an AFH-DD.

(21) "Guardian" means the parent for an individual under the age of 18, or a person or agency appointed and authorized by a court to make decisions about services for an individual. A paid provider for an individual may not be the guardian of the individual.

(22) "Hearing" means a contested case hearing subject to OAR 137-003-0501 to 137-003-0700, which results in a Final Order.

(23) "Home" means the physical structure of an AFH-DD.

(24) "Homelike" means an environment that promotes the dignity, security, and comfort of individuals through the provision of personalized care and services to support and encourage independence, choice, and decision making by the individuals.

(25) "House Rules" mean the social courtesies identified through a voluntary collaborative process by members of the household. The identified rules are non-binding and may not be solely provider driven expectations for individuals residing in the home.

(26) "Indirect Ownership Interest" means an ownership interest in an entity that has an ownership interest in the disclosing entity.

(27) "Individual" means a young adult or adult residing in an AFH-DD, regardless of source of compensation.

(28) "Individualized Education Program" means the written plan of instructional goals and objectives developed in conference with an individual less than 21 years of age, their parent or legal representative(as applicable), teacher, and a representative of the public school district.

(29) "ISP" means "Individual Support Plan".

(30) "License" means a document granted by the Department to an applicant who is in compliance with the requirements of these rules.

(31) "Licensee" means the person who is issued a license, whose name is on the license, and who is responsible for the operation of an adult foster home. The licensee of an adult foster home does not include the owner or lessor of the building in which the adult foster home is situated unless the owner or lessor of the building is the provider.

(32) "Limited License" means a license is issued to a licensee who intends to deliver care and services for compensation to a specific individual who is unrelated to the licensee, but with whom the licensee has an established relationship of no less than one year.

(33) "Liquid Resource" means cash or assets that may readily be converted to cash, such as a life insurance policy that has a cash value, stock certificates, or a guaranteed line of credit from a financial institution.

(34) "Marijuana" means all parts of the plant Cannabis family Moraceae, whether growing or not, the resin extracted from any part of the plant, and every compound, manufacture, salt derivative, mixture, or preparation of the plant or its resin. Marijuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Legal medical marijuana" refers to the use of marijuana authorized under the Oregon Medical Marijuana Act (OMMA), ORS 475B.400 to ORS 475B.525.

(35) "Mental Health Assessment" means the assessment used to determine the need for mental health services by interviewing an individual and obtaining all pertinent biopsychosocial information as identified by the individual, their family, and collateral sources. A mental health assessment:

(a) Addresses the condition presented by the individual.

(b) Determines a diagnosis.

(c) Provides treatment direction and individualized services and supports.

(36) "Modified Diet" means the texture or consistency of food or drink is altered or limited, such as no nuts or raw vegetables, thickened fluids, mechanical soft, finely chopped, pureed, or bread only soaked in milk.

(37) "Nursing Services" means the provision of individual-specific advice, plans, or interventions by a nurse, at a home, based on the nursing process as outlined by the Oregon State Board of Nursing. Nursing services differ from administrative nursing services.

(38) "OCCS" means the "Office of Client and Community Services".

(39) "Occupant" means any person residing in, or using the facilities of, an adult foster home including the individuals, licensee, resident manager, friends, family members, a person receiving day care services, and room and board tenants.

(40) "OIS" means "Oregon Intervention System".

(41) "OSIPM" means "Oregon Supplemental Income Program-Medical".

(42) "Over the Counter Topical" means a medication purchased without a prescription applied to the skin and not in an orifice.

(43) "Ownership Interest" means the possession of equity in the capital, stock, or profits of an adult foster home. A person with an ownership or control interest means a person or corporation that:

(a) Has an ownership interest totaling five percent or more in a disclosing entity;

(b) Has an indirect ownership interest equal to five percent or more in a disclosing entity;

(c) Has a combination of direct and indirect ownership interests equal to five percent or more in a disclosing entity;

(d) Owns an interest of five percent or more in any mortgage, deed of trust, note, or other obligation secured by the disclosing entity if that interest equals at least five percent of the value of the property or assets of the disclosing entity;

(e) Is an officer or director of a disclosing entity organized as a corporation; or

(f) Is a partner in a disclosing entity organized as a partnership.

(44) "Provider" means any person operating an adult foster home, such as a licensee or resident manager. "Provider" does not include caregivers or the owner or lessor of the building in which an adult foster home is situated unless the owner or lessor of the building is also the operator of the adult foster home.

(45) "Provider Enrollment" means an agreement between the Department and a Medicaid provider to provide room and board and deliver care and services to a Medicaid eligible individual in an adult foster home for compensation.

(46) "Provisional License" means a 60-day license issued in an emergency situation when a licensed provider is no longer overseeing the operation of an adult foster home. A provisional license is issued to a qualified person who meets the standards of OAR 411-360-0070 and OAR 411-360-0110.

(47) "Qualified Entity Initiator (QEI)" as defined in OAR 407-007-0210.

(48) "Qualified Mental Health Professional" means a licensed medical practitioner or any other person meeting the qualifications specified in OAR 309-019-0125.

(49) "Relief Care" means the services provided on a periodic basis for the relief of, or due to the temporary absence of, a person normally available to provide supports to an individual. Relief care may include 24-hour relief care or hourly relief care. Individuals receiving relief care are included in the licensed capacity of a home as described in OAR 411-360-0060.

(50) "Reside" means for a person to live in an adult foster home for a permanent or extended period of time. For the purpose of a background check, a person is considered to reside in a home if the visit of the person is for four consecutive weeks or greater.

(51) "Resident Manager" means an employee of a licensee, approved by the Department, who resides in an adult foster home, and is directly responsible for the care and services to support individuals on a day-to-day basis.

(52) "Respite" means "relief care" as defined in this rule.

(53) "Revocation" means the action taken by the Department to rescind an adult foster home license after the Department determines the provider or home is not in compliance with one or more of these rules.

(54) "Room and Board" means receiving compensation for the provision of meals, a place to sleep, laundry, basic utilities, and housekeeping to a person that does not need assistance with activities of daily living. Room and board facilities for two or more people are required to register with the Department as described in OAR chapter 411, division 068, unless registered with the local authority having jurisdiction. Room and board does not include provision of care.

(55) "Self-Preservation", in relation to fire and life safety, means the ability of an individual to respond to an alarm without additional cues and reach a point of safety without assistance.

(56) "Special Diets" means the specially prepared food or particular types of food specific to the medical condition or diagnosis of an individual and in support of an evidence-based treatment regimen. Examples of special diets include, but are not limited to, low calorie, high fiber, diabetic, low salt, lactose free, or low fat diets. Special diets do not include a diet where extra or additional food is offered without the order of a physician or licensed health care provider, but may not be eaten, such as offering prunes each morning at breakfast or including fresh fruit with each meal.

(57) "Subject Individual" means:

(a) Any person 16 years of age or older, including the following:

(A) A licensed adult foster home provider and provider applicant.

(B) A person intending to work in, or currently working in, an adult foster home including, but not limited to, a substitute caregiver and a potential substitute caregiver in training.

(C) A volunteer if allowed unsupervised access to an individual.

(D) An occupant, excluding an individual, residing in or on the premises of a proposed or currently licensed adult foster home, including the following:

(i) A member of the household.

(ii) A room and board tenant.

(iii) A person visiting for four consecutive weeks or greater.

(b) Subject individual does not apply to the following:

(A) An individual of the adult foster home or their visitor.

(B) A person who resides or works in an adult foster home who does not have:

(i) Regular access to the home for meals;

(ii) Regular use of the appliances or facilities of the adult foster home; or

(iii) Unsupervised access to an individual or their personal property.

(C) A person providing services to an individual employed by a private business not regulated by the Department.

(58) "Substitute Caregiver" means any person who provides care and services in an adult foster home under the jurisdiction of the Department that is left in charge of the individuals for any period of time and has access to their records.

(59) "Suspension" means an immediate, temporary withdrawal of the approval to operate an adult foster home after the Department determines a provider or home is not in compliance with one or more of these rules or there is a threat to the health, safety, or welfare of individuals.

(60) "Tenant" means an individual who resides in an adult foster home and receives services, such as meal preparation, laundry, and housekeeping.

(61) "These Rules" mean the rules in OAR chapter 411, division 360.

(62) "Urgent Medical Need" means the onset of psychiatric or medical symptoms requiring attention within 48 hours to prevent a serious deterioration in the mental or physical condition of an individual.

(63) "Variance" means the temporary exemption from a regulation or provision of these rules granted by the Department upon written application by the provider.

(64) "Young Adult" means a young individual age 18 through 20 who resides in an adult foster home under the custody of the Department, voluntarily, or under guardianship. A young adult may include an individual who is less than 18 years of age.

Or. Admin. Code § 411-360-0020

SPD 3-2005, f. 1-10-05, cert. ef 2-1-05; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 34-2013, f. & cert. ef. 9-27-13; APD 28-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 46-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 30-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16; APD 21-2016, f. & cert. ef. 6/29/2016; APD 32-2016(Temp), f. 8-30-16, cert. ef. 9-1-16 thru 2-27-17; APD 5-2017, f. 2-21-17, cert. ef. 2/28/2017

Stat. Auth.: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775, & 443.790

Stats. Implemented: ORS 443.705 - 443.825