OAR 411-304-0130
Eligibility for Professional Behavior Services

(1) An individual may not be denied professional behavior services or otherwise discriminated against on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, age, disability, source of income, duration of Oregon residence, or other protected classes under federal and Oregon Civil Rights laws.
(2) To be eligible for professional behavior services, an individual must meet the following requirements:
(a) Be determined eligible for developmental disabilities services by a Community Developmental Disabilities Program in the county of origin as described in OAR 411-320-0080 (Application and Eligibility Determination) or receive children’s intensive in-home services as described in OAR chapter 411, division 300.
(b) Be receiving one of the following:
(A) Family support services as described in OAR chapter 411, division 305.
(B) A Medicaid Title XIX benefit package through OSIPM or the OCCS Medical Program. Individuals receiving Medicaid Title XIX under OCCS medical coverage for services in a nonstandard living arrangement as defined in OAR 461-001-0000 (Definitions for Chapter 461) are subject to the requirements in the same manner as if they were requesting these services under OSIPM, including the rules regarding the following:
(i) The transfer of assets as set forth in OAR 461-140-0210 (Asset Transfer; General Information and Timelines) through 461-140-0300 (Adjustments to the Disqualification for Asset Transfer).
(ii) The equity value of a home which exceeds the limits as set forth in OAR 461 145-0220.
(c) Be determined to meet the level of care as defined in OAR 411-317-0000 (General Definitions and Acronyms for Developmental Disabilities Services) and enrolled in Community First Choice state plan services, except for individuals receiving family support services as described in OAR chapter 411, division 305.
(d) For individuals with excess income, contribute to the cost of service pursuant to OAR 461-160-0610 (Client Liability; OSIPM (except OSIPM-EPD)) and OAR 461-160-0620 (Income Deductions and Client Liability; Long-Term Care Services or Home and Community-Based Care; OSIPM), except for individuals receiving family support services as described in OAR chapter 411, division 305.
(e) A functional needs assessment, a similar assessment used for family support services, or an individual’s ISP team identifies a challenging behavior that may benefit from professional behavior services and the individual’s ISP or Annual Plan indicates the individual may benefit from professional behavior services.
(3) Additional service limitations are described in OAR 411-304-0140 (Professional Behavior Services and Limitations).

Source: Rule 411-304-0130 — Eligibility for Professional Behavior Services, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-304-0130.

Last Updated

Jun. 8, 2021

Rule 411-304-0130’s source at or​.us