OAR 411-345-0027
Eligibility for Employment Services

(1) Individuals determined eligible for developmental disabilities services may not be denied services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, 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 employment services an individual must meet all of the following:
(a) Be an Oregon resident.
(b) Be determined eligible for developmental disability services by the CDDP of the county of origin in accordance with OAR 411-320-0080 (Application and Eligibility Determination).
(c) Meet the level of care as defined in OAR 411-317-0000 (General Definitions and Acronyms for Developmental Disabilities Services).
(d) Be eligible for home and community-based waivered services.
(e) Be legally eligible to work in the United States.
(f) Have services under these rules authorized in an ISP by the CDDP or Brokerage providing case management services.
(g) The individual’s ISP must have an employment related goal as outlined under these rules and the case management rules in OAR chapter 411, division 415. An employment related goal means a goal related to obtaining, maintaining, or advancing in competitive integrated employment, or, at minimum, exploring competitive integrated employment.
(a) Job coaching for individuals under the age of 16 must be approved by the Department.
(b) All other employment services for individuals under the age of 18 must be approved by the Department.
(c) The provider must retain documentation of the Department’s approval.
(4) An individual receiving medical benefits under OAR chapter 410, division 200 requesting Medicaid coverage for services in a nonstandard living arrangement (see OAR 461-001-0000 (Definitions for Chapter 461)) is subject to the requirements of the rules regarding transfer of assets (see OAR 461-140-0210 (Asset Transfer; General Information and Timelines) to 461-140-0300 (Adjustments to the Disqualification for Asset Transfer)) in the same manner as if the individual was requesting these services under OSIPM.
(a) This includes, but is not limited to, any of the following assets:
(A) An annuity evaluated according to OAR 461-145-0022 (Annuities; OSIPM).
(B) A transfer of property when an individual retains a life estate evaluated according to OAR 461-145-0310 (Life Estate).
(C) A loan evaluated according to OAR 461-145-0330 (Loans and Interest on Loans).
(D) An irrevocable trust evaluated according to OAR 461-145-0540 (Trusts).
(b) When an individual is considered ineligible due to a disqualifying transfer of assets, the individual must receive a notice meeting the requirements of OAR 461-175-0310 (Notice Situation; Asset Transfer Disqualification) in the same manner as if the individual was requesting services under OSIPM.

Source: Rule 411-345-0027 — Eligibility for Employment Services, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-345-0027.

Last Updated

Jun. 8, 2021

Rule 411-345-0027’s source at or​.us