OAR 411-348-0110
Variances


(1)

The Department may grant a variance to these rules based upon a program provider’s demonstration that an alternative method or different approach provides equal or greater effectiveness and does not violate state or federal laws or adversely impact children’s welfare, health, safety, or rights.

(2)

A program provider must submit a variance request to the CDDP. The variance request must be on the applicable Department form and contain the following:

(a)

The section of the rule from which the variance is sought;

(b)

The reason for the proposed variance;

(c)

The alternative practice, service, method, concept, or procedure proposed; and

(d)

If the variance applies to the services for a child, evidence the variance is consistent with the child’s currently authorized ISP.

(3)

The request for a variance is approved or denied by the Department. The decision of the Department is sent to the program provider, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the date of the variance request.

(4)

A program provider may request an administrative review of the denial of a variance request. The Department must receive a written request for an administrative review within 10 business days from the date of the denial. The program provider must send a copy of the written request for an administrative review to the CDDP. The decision of the Director is the final response from the Department.

(5)

The duration of the variance is determined by the Department.

(6)

A program provider may implement a variance only after written approval from the Department.

(7)

The Department may not issue a variance that results in non-compliance with the home and community-based setting requirements in OAR chapter 411, division 004, or that results in a condition having the effect of making the Host Home or child ineligible to receive Medicaid service funding.
411–348–0010
Statement of Purpose
411–348–0020
Definitions and Acronyms
411–348–0025
Program Management, Endorsement, Certification, and Enrollment
411–348–0030
Issuance of License
411–348–0040
Application for Initial License
411–348–0045
In-Residence Caregiver Applicant Study
411–348–0050
License Expiration, Termination of Operations, and License Return
411–348–0060
License Conditions
411–348–0070
License Renewal
411–348–0090
Change of Ownership, Legal Entity, Legal Status, Management Corporation, and In-Residence Caregiver
411–348–0100
Capacity
411–348–0110
Variances
411–348–0120
Medical Services
411–348–0130
Food and Nutrition
411–348–0140
Physical Environment
411–348–0150
General Safety
411–348–0170
Staffing Requirements
411–348–0180
Individual Summary Sheets
411–348–0185
Emergency Information
411–348–0200
Transportation
411–348–0210
Transition Planning and Supporting Families
411–348–0220
Required Furnishings
411–348–0230
Emergency Plan and Safety Review
411–348–0240
Assessment of Fire Evacuation Assistance and Fire Safety Evacuation Plan
411–348–0250
Fire Drill Requirements and Fire Safety
411–348–0260
Fire Safety Evacuation Plans
411–348–0280
Fire Safety Requirements
411–348–0300
Rights, Complaints, Notification of Planned Action, and Hearings
411–348–0350
Behavior Supports and Physical Restraints
411–348–0360
Psychotropic Medications and Medication for Behavior
411–348–0370
Personal Property
411–348–0380
Financial Records and Managing Money
411–348–0390
Entry, Exit, Transfer, and Closure
411–348–0410
Alternative Care, Childcare, Camp, and Alternate Caregivers
411–348–0430
Individual Support Plan
411–348–0460
Civil Penalties
411–348–0470
License Denial, Suspension, Revocation, and Refusal to Renew
411–348–0480
Criminal Penalties
411–348–0490
Provider Eligibility for Medicaid Service Payment
Last Updated

Jun. 8, 2021

Rule 411-348-0110’s source at or​.us