(1)“Abuse” means Abuse of an adult or elderly person as defined in ORS 124.050 (Definitions for ORS 124.050 to 124.095)-095 and 430.735 (Definitions for ORS 430.735 to 430.765)–430.765 (Duty of officials to report abuse); and as defined in OAR 411-020-0002 (Definitions) for older adults and individuals with a physical disability who are 18 years of age or older.
(2)“Acquired brain injury or traumatic brain injury” means individuals who have or who are at risk of developing challenging behaviors as a result of a recent or longstanding brain injury diagnosis and who can benefit from Behavior Support Services. Acquired brain injury may include individuals with cognitive and behavioral disorders related to stroke, spinal cord injuries, or other neurological diseases that may benefit from Behavior Support Services.
(3)“Activation date” means service activation date as defined in these rules.
(4)“Activity evaluation” is part of the person-centered evaluation to determine what activities an individual enjoys doing.
(5)“Activity Plan” is part of the Behavior Support Plan and includes an activity list of the specific, private, group and community person-centered activities the individual finds meaningful or enjoys. The plan includes strategies to help caregivers ensure these activities become part of the individual’s daily routine.
(6)“Adult foster home” means a licensed home providing services to a person who is eligible for or is receiving Behavior Support Services per OAR chapter 411, division 50.
(7)“Behavior consultants” are Medicaid providers who have a contract with the Department to provide Behavior Support Services. When Behavior Support Services are provided as part of a supplemental or specific needs contract, per OAR chapter 411, division 027, the behavior consultant is a designated employee, who meets the qualifications of a behavior consultant, and has a job description to provide Behavior Support Services.
(8)“Behavior interventions” mean any planned or repeated pattern of interventions or social interactions intended to modify an individual’s environment or behavior.
(9)“Behavioral support” means the theories and evidenced-based practices supporting a proactive approach to behavioral intervention and that:
(a)Emphasize the development of functional alternative behavior;
(b)Prevent the need for, or minimize the use of, intrusive or restrictive interventions;
(c)Ensure abusive or demeaning interventions are never used; and
(d)Evaluate the effectiveness of behavior interventions based on objective data.
(10)“Behavior Support Interventions” means the caregiver’s implementation of the Behavior Support Plan.
(11)“Behavior Support Plan” means the written document that describes individualized support strategies designed to make the individual’s challenging behaviors irrelevant, inefficient or ineffective while reinforcing alternative behavior that achieves and satisfies the same need as the challenging behavior. The Behavior Support Plan will identify caregiver interventions to help caregivers deescalate, reduce, or tolerate challenging behavior when it occurs. The strategies focus on environmental, social, and physical factors that affect the behavior, while including supports for communication, personal choice, and specific preferences.
(12)“Behavior Support Services” mean a set of Medicaid funded services that include:
(b)A Behavior Support Plan;
(c)Coaching for designated caregivers on plan implementation;
(d)Monitoring to evaluate the plan’s impact;
(e)Revision of the plan;
(f)Updating coaching and activities; and
(g)May include consultation with the caregiver on mitigating behaviors that place an individual’s health and safety at risk and to prevent institutionalization.
(13)“Business day” means the days the “local office” is open.
(14)“Caregiver” means any person providing services to an eligible individual in a home and community-based care setting. Caregivers are designated by their employer to receive coaching from the behavior consultant.
(15)“Case manager” means a person employed by the Department or Area Agency on Aging who:
(a)Assesses the service needs of an applicant;
(c)Offers service choices to eligible individuals; and
(d)Authorizes referrals for a Behavior Support Service consultation, or placement in a program where Behavior Support interventions are provided, as part of the Medicaid supplemental or specific needs contracted service rate.
(16)“Coaching” means the direction provided by the behavior consultant to caregivers or designated caregivers on the Behavior Support and Activity Plans. Coaching includes:
(a)Demonstrations by the consultant;
(b)Observation or role play by caregivers on providing a specified intervention; and
(c)Feedback from caregivers on specified interventions.
(17)“Crisis management” means an individual:
(a)Has a medical or physical health need;
(b)Is exhibiting psychiatric symptoms or behaviors that necessitate emergency medical attention;
(c)Needs an immediate mental health intervention; or
(d)Needs hospitalization for physical health or psychiatric health reasons.
(18)“Dementia” means major neurocognitive disorders, listed in the Diagnostic and Statistical Manual of Mental Disorders (DSMV), which result in loss of cognitive function, interfere with an individual’s daily functioning, and may affect an individual’s language; memory; speech; movement; perception; and ability to think, learn, reason or follow social norms. Symptoms may include changes in personality, mood, and behavior.
(19)“Department” means the Department of Human Services or the Department’s designee.
(20)“Designated caregivers” means the employees of a home or community-based care contractor, who are assigned to assist the behavior consultant with gathering information, review of the Behavior Plans, and are the recipients of coaching activities. The person responsible for coordination of services provided to an individual residing in their own home, under OAR chapter 411, division 30, is considered either the ‘designated caregiver’ or the person who assigns designated caregivers.
(21)“Enhanced care services” means a selected licensed adult foster home, nursing, or residential care facility where long term care supports are provided under a specific needs contract and mental health rehabilitation services are provided on site five to seven days a week.
(22)“Exception payment” means a payment to the provider per OAR 411-027-0050 (Exceptions to Payment Limitations in Home and Community-Based Services).
(23)“Healthcare provider” means a licensed provider providing services to an eligible individual including, but not limited to:
(24)“Home and community-based care contractor” means a Department contractor who is providing Medicaid funded residential or in-home services to an individual eligible for or receiving services under these rules. Residential or in-home services include:
(a)Adult foster homes;
(b)Assisted Living Facilities;
(d)Residential care facilities;
(e)Specialized living; and
(25)“Home and community-based care services” mean services approved by the Centers for Medicare and Medicaid Services for eligible individuals who are aged and physically disabled in accordance with State Plan K Community First Choice requirements.
(26)“Individual” means a person eligible for and receiving Behavior Support Services.
(27)“In-home care agency” means a licensed agency as described in OAR chapter 333, division 536 or a “home health agency” as defined in ORS 443.005, which has a contract with the Department to provide services for State Plan K Community First Choice or Independent Choice.
(28)“In-home services” means the Medicaid Program provided under OAR chapter 411, division 30, using caregivers who are either employees of in-home care agencies or who are employed by the Individual.
(29)“Initial person-centered evaluation” means the person-centered evaluation the behavior consultant begins at the first visit to determine what behavior supports the individual needs.
(30)“Local office” means the Department office or Area Agency on Aging, responsible for Medicaid services including case management, referral, authorization, and oversight of Behavior Support Services provided to an individual.
(31)“Mandatory Department forms” mean the forms required to document the services in these rules. Mandatory forms are posted on the Department website.
(32)“Memory care communities” means the programs that include Behavior Support Services per OAR chapter 411, division 57.
(33)“Person-centered” means a formal or informal planning process for gathering and organizing information to help an individual:
(a)Determine and describe choices about personal goals, activities, 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.
(34)"Person-centered evaluation” means the information gathered by the behavior consultant to create a Behavior Support Plan, which includes an activity evaluation. The person-centered evaluation process includes observation of the individual and interviews with the individual, their caregivers, members of the individual’s service planning team, the case manager, and social supports.
(35)“Provider” means an entity that hires employees or subcontractors who meet the behavior consultant qualifications in OAR 411-046-0180 (Qualifications for Providers and Behavior Consultants), have a contract with the Department to provide Behavior Support Services, and is an enrolled Medicaid provider who meets:
(a)The requirements in these rules;
(b)The requirements in OAR 407-120-0300 (Definitions) Medicaid provider enrollment and claiming; and
(c)As applicable, the requirements under OAR 410-120, Medicaid General Rules.
(36)“Residential care and assisted living facilities” means the licensed entity providing services per OAR chapter 411, division 54 to an individual eligible for or receiving Behavior Support Services.
(37)“Service activation date” means the date which all timeframes begin. This date is either the date of the referral for Behavior Support Services, or a later date that is approved by local office management.
(38)“Service plan” means the service or care plan provided to the Medicaid eligible individual who is determined to need or is receiving Behavior Support Services required under:
(a)Adult Foster Homes, OAR chapter 411, division 50;
(b)Residential Care and Assisted Living Facilities, OAR chapter 411, division 54;
(c)Specialized Living Services, OAR chapter 411, division 65;
(d)In-Home Services, OAR chapter 411, division 030.
(39)“Specialized living services” means the Department contractor performing services provided per OAR chapter 411, division 65 for an individual living in a designated home-based location.
(40)“Specific needs or supplemental contract” means the services which are covered under OAR 411-027-0075 (Special Payment Contracts), payment limitations in community-based care services.
(41)“Service notes” means the documentation which documents the coaching, monitoring, and other services provided by the behavior consultant to implement the Behavior Support Plan on the Department’s mandatory form.
(42)“These rules” mean the rules in OAR chapter 411, division 46.
(43)“Written approval” means the Department’s certification of a provider to be a behavior consultant.
Rule 411-046-0110 — Definitions,