(1)ACCESS TO SERVICES.
(a)In accordance with the Civil Rights Act of 1964 (codified as 42 USC 2000d et seq.), any person may not be denied community developmental disabilities services on the basis of race, color, creed, gender, national origin, or duration of residence. CDDP contractors must comply with Section 504 of the Rehabilitation Act of 1973 (codified as 29 USC 794 and as implemented by 45 CFR Section 84.4) that states in part, “No qualified person must, on the basis of handicap, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance”.
(b)The CDDP must ensure that eligibility for developmental disabilities services is determined as described in OAR 411-320-0080 (Application and Eligibility Determination) by an eligibility specialist trained in accordance with OAR 411-320-0030 (Organization and Program Management).
(c)Any individual determined eligible for developmental disabilities services by the CDDP must also be eligible for any developmental disabilities services subject to eligibility requirements described in the OAR associated with the service.
(2)COORDINATION OF SERVICES.
(a)COMMUNITY SERVICES. Planning and implementation of services for individuals served by the CDDP must be coordinated between components of the CDDP, other local and state human service agencies, and any other providers as appropriate for the needs of the individual.
(A)The CDDP must compile and maintain a list of local providers who are qualified to provide home and community-based services in their service area. CDDPs shall assist a parent in obtaining home and community-based services for the parent’s child if:
(i)The parent resides in Oregon;
(ii)The parent has a child who does not reside in Oregon but who visits the parent in Oregon for at least six weeks each year; and
(iii)The child qualifies for home and community-based services in the child’s state of residence.
(B)CDDP ASSISTANCE. CDDPs shall:
(i)Provide the parent with a list of local providers;
(ii)Contact the state Medicaid agency in the child’s state of residence to facilitate payment for the home and community-based services;
(iii)Assist the parent in providing any documentation required by the child’s state of residence; and
(iv)Notify the Department of the individual seeking services.
(3)PAYMENT AND REPORTING SYSTEM.
(a)ENROLLMENT. The CDDP must ensure all individuals determined to be eligible for developmental disabilities services are enrolled in the Department payment and reporting systems. The county of origin must enroll the individual into the Department payment and reporting systems for all developmental disabilities service except in the following circumstances:
(A)The Department completes the enrollment or termination for children entering or leaving a licensed 24-hour residential setting that is directly contracted with the Department.
(B)The Department completes the enrollment, termination, and billing forms for children entering or leaving CIIS.
(C)When an individual is enrolled in a Brokerage and the individual moves from one CDDP geographic service area to another CDDP geographic service area, the new CDDP must enroll the individual in the Department payment and reporting systems.
(b)The CDDP must terminate an individual in the Department payment and reporting systems when an individual exits all developmental disabilities services.
(c)The CDDP retains responsibility for maintaining enrollment in the Department payment and reporting systems for individuals enrolled in support services until the individual exits support services.
(4)CASE MANAGEMENT SERVICES.
(a)The CDDP must deliver case management, as described in OAR chapter 411, division 415, to individuals who are eligible for and desire case management from the CDDP. A CDDP may provide case management to individuals who are waiting for a determination of eligibility and reside in the county at the time they apply.
(b)For an individual newly determined eligible for developmental disabilities services, the CDDP must assure that the individual and legal representative are provided a description of case management and other service delivery options. This information must include:
(A)A description of processes involved in using developmental disabilities services, including person-centered planning, evaluation, and how to raise and resolve concerns about developmental disabilities services;
(B)Clarification of CDDP employee responsibilities as mandatory abuse reporters; and
(C)Disclosure of any potential affiliation between the CDDP and providers available to the individual.
(a)The CDDP must assure that abuse investigations for adults with intellectual or developmental disabilities are appropriately reported and conducted by trained staff according to statute and administrative rules, including the investigation of complaints of abuse, writing investigation reports, and monitoring the implementation of report recommendations. When there is reason to believe a crime has been committed, the CDDP must report to law enforcement.
(b)The CDDP must report any suspected or observed abuse of a child directly to the Department or local law enforcement.
(6)PROTECTIVE SERVICES. When a CDDP or OTIS abuse investigator determines that a CDDP must take a protective services action following a report of abuse, the CDDP must implement the action. If unable to implement the action, the CDDP must immediately notify the abuse investigator.
(a)Any protective services must be provided in a manner that is least intrusive to adult individuals and provide for the greatest degree of independence available within existing resources.
(b)The CDDP must report the outcome of protective services to the abuse investigator upon completion.
(7)RECOMMENDED ACTIONS. When a CDDP receives a recommended action included in an Abuse Investigation and Protective Services Report, as described in OAR 407-045-0320 (Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report), the CDDP must:
(a)Implement the recommended actions within specified timelines and report back to the abuse investigator that the recommended actions were completed; or
(b)With prior agreement from the abuse investigator, implement alternative actions and report back to the abuse investigator that the actions were completed.
(8)FOSTER HOMES. When there is need for additional foster care providers, the CDDP must recruit applicants to operate foster homes and maintain forms and procedures necessary to license or certify foster homes. The CDDP must maintain copies of the following records:
(a)Initial and renewal applications for a foster home;
(b)All inspection reports completed by the CDDP, including required annual renewal inspection and any other inspections;
(c)General information about the foster home;
(d)Documentation of references, classification information, credit check (if necessary), background check, and training for providers and substitute caregivers;
(e)Documentation of foster care exams for adult foster home providers;
(g)Any meeting notes;
(i)Annual agreement or contract;
(j)Legal notices and final orders for rule violations, conditions, denials, or revocations (if any); and
(k)Copies of the annual license or certificate for the foster home.
(9)AGENCY COORDINATION. The CDDP must assure coordination with other agencies to develop and manage resources within the county or region to meet the needs of individuals.
(10)EMERGENCY PLANNING. The CDDP must ensure the availability of a written emergency procedure and disaster plan for meeting all civil or weather emergencies and disasters. The emergency procedure and disaster plan must be immediately available to the CDDP manager and employees. The emergency procedure and disaster plan must:
(a)Be integrated with the county emergency preparedness plan, where appropriate;
(b)Include provisions on coordination with all developmental disabilities service provider agencies in the county and any Department offices, as appropriate;
(c)Include provisions for identifying individuals most vulnerable; and
(d)Include any plans for health and safety checks, emergency assistance, and any other plans that are specific to the type of emergency.
(11)Civil commitment services must be provided in accordance with ORS 427.215 (Need for commitment) to 427.306 (Confinement of committed persons with intellectual disabilities in least restrictive setting).
(12)The CDDP must forward a signed variance request form submitted by a developmental disabilities service provider to the Department within 30 calendar days from the receipt of the request indicating the position of the CDDP on the proposed variance.
Rule 411-320-0040 — Program Responsibilities,