OAR 436-120-0700
Direct Worker Purchases

(1)

Purchases, generally.

(a)

The insurer must provide the direct worker purchase categories listed in OAR 436-120-0710 (Direct Worker Purchases: Categories) as necessary for the worker’s participation in vocational assistance and to meet the requirements of a suitable job.

(b)

The worker is no longer eligible for these purchases once eligibility ends unless the purchases are necessary to complete a plan.

(c)

Direct worker purchases include partial purchase, lease, rental, and payment.

(2)

Exclusions. Direct worker purchases do not include:

(a)

Purchases of real property;

(b)

Payment of fines or other penalties; or

(c)

Payment of additional driver’s license costs, increased insurance costs, or any other costs attributable to problems with the worker’s driving record.

(3)

Alternative purchases. In making its decision regarding a direct worker purchase, the insurer may choose the least expensive, adequate alternative. If the worker wants a direct worker purchase that is more expensive than that authorized by the insurer, the worker may select that alternative and pay the difference in cost.

(4)

Approval or denial. Within 14 days of its receipt of a request for a direct worker purchase, the insurer must approve the purchase or notify the worker of its denial.

(5)

Payment. The insurer must pay for approved direct worker purchases in time to prevent delay in the provision of services, but in no event later than 30 days after the insurer receives the worker’s request or proof of payment, whichever is later.

(6)

Advancement of costs, worker reimbursement. The worker may pay for mileage, child or senior care, or for purchases such as clothing, books, and supplies or the worker may request an advance of any of these costs based on documentation of need.

(a)

The insurer must reimburse costs within 30 days of receiving a written request from the worker and any supporting documentation.

(b)

The insurer must return denied requests for reimbursement to the worker within 30 days of receiving the request with an explanation of the reason for nonpayment.

(7)

Right and title to nonexpendable purchases. The insurer must assign to the worker right and title to the nonexpendable direct worker purchases paid by the insurer.

(a)

The insurer must make such assignment no later than the 60th day of continuous employment unless the worker remains eligible and the suitability of the employment is in question.

(b)

The insurer may repossess nonexpendable property if the worker no longer requires the property for training or employment.

(c)

The insurer may require repayment of advancements or reimbursements if the worker misrepresented information material to the purchase decision or if the worker used the funds for something other than the approved purchase.

Source: Rule 436-120-0700 — Direct Worker Purchases, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0700.

436–120–0003
General Provisions 436–120–0005
Definitions 436–120–0008
Administrative Review and Hearings 436–120–0012
General Requirements For Notices and Warnings 436–120–0115
Vocational Eligibility Evaluation 436–120–0117
Deferral of Eligibility Evaluation 436–120–0145
Vocational Assistance Eligibility 436–120–0147
Establishing the Adjusted Weekly Wage 436–120–0157
Determining Substantial Handicap to Employment 436–120–0165
End of Eligibility for Vocational Assistance 436–120–0175
Redetermining Eligibility for Vocational Assistance 436–120–0177
Selection of Category of Vocational Assistance 436–120–0185
Choosing a Counselor 436–120–0187
Optional Services 436–120–0197
Direct Employment 436–120–0410
Determining a Vocational Goal 436–120–0443
Training — General 436–120–0445
Training Requirements 436–120–0500
Training: Development and Implementation 436–120–0510
Training Plan Support 436–120–0520
Responsibilities of the Worker and the Counselor 436–120–0523
Re-evaluating a Training Plan 436–120–0527
Ending a Training Plan 436–120–0530
Director Review of Return-to-Work Plan 436–120–0700
Direct Worker Purchases 436–120–0710
Direct Worker Purchases: Categories 436–120–0720
Fee Schedule 436–120–0755
Reimbursement from the Workers’ Benefit Fund 436–120–0800
Registration of Providers 436–120–0810
Certification and Classification of Provider Staff 436–120–0820
Renewal of Certification 436–120–0840
Professional Standards for Providers and Counselors 436–120–0900
Audits, Penalties and Sanctions 436–120–0915
Sanctions of Providers and Counselors
Last Updated

Jun. 8, 2021

Rule 436-120-0700’s source at or​.us