ORS 410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619

As used in ORS 409.010 (Department of Human Services), 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) to 410.300 (Transfer of state employees to type B agency), 410.320 (Governor’s Commission on Senior Services) and 410.619 (Home care and personal support workers not state employees):

(1)

“Appropriate living arrangement” means any arrangement for an elderly person or a person with a disability in a residential setting which is appropriate for the person considering, in order of priority, the following criteria:

(a)

The desires and goals of the person;

(b)

The right of the person to live as independently as possible, in the least restrictive environment; and

(c)

The cost of the living arrangement compared to other types of living arrangements, based on the criteria in paragraphs (a) and (b) of this subsection.

(2)

“Area agency” means:

(a)

An established or proposed type A or type B Area Agency on Aging within a planning and service area designated under Section 305 of the Older Americans Act; or

(b)

Any public or nonprofit private agency which is designated as a type A or type B Area Agency on Aging under Section 305 of the Older Americans Act.

(3)

“Area agency board” means the local policy-making board which directs the actions of the area agency within state and federal laws and regulations.

(4)

“Department” means the Department of Human Services.

(5)

“Elderly person” means a person who is served by a type A area agency or type B area agency or by the department and who is 60 years of age or older.

(6)

“Local government” means a political subdivision of the state whose authority is general or a combination of units of general purpose local governments.

(7)

“Person with a disability” means a person with a physical or mental impairment that substantially limits one or more major life activities.

(8)

“Preadmission screening” means a professional program within the department or type B area agencies, with staff that includes registered nurses and social workers, that assesses the needs of clients and recommends appropriate placements in residential programs administered by the department or type B area agencies.

(9)

“Protective services” means a service to be provided by the department directly or through type B area agencies, in response to the need for protection from harm or neglect to elderly persons and persons with disabilities.

(10)

“Title XIX” means long term care and health services programs funded by Title XIX of the Social Security Act available to elderly persons and persons with disabilities.

(11)

“Type A area agency” means an area agency:

(a)

For which either the local government or the area agency board does not agree to accept local administrative responsibility for Title XIX; and

(b)

That provides a service to elderly persons.

(12)

“Type B area agency” means an area agency:

(a)

For which the local government agrees to accept local administrative responsibility for Title XIX;

(b)

That provides a service to elderly persons or to elderly persons and persons with disabilities who require services similar to those required by elderly persons; and

(c)

That uses the term “disabled services” or “disability services” in its title to communicate the fact that it provides services to both populations described in paragraph (b) of this subsection. [1981 c.784 §1; 1985 c.180 §4; 1989 c.224 §73; 1993 c.116 §2; 2001 c.900 §75; 2007 c.70 §166; 2011 c.36 §1; 2011 c.658 §37; 2011 c.720 §82]

Source: Section 410.040 — Definitions for ORS 410.040 to 410.300, 410.320 and 410.619, https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html.

410.010
State policy for seniors and people with disabilities 410.020
Implementation of state policy 410.030
Legislative findings on long term care options 410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619 410.050
General policy 410.060
Policy for persons with disabilities served by department 410.065
Comprehensive plan for long term care system 410.070
Duties of Department of Human Services 410.072
Determination of annual budget levels for type B area agencies 410.074
Consultation with representatives of type B area agencies on rules establishing methodology 410.075
Authority of department and Oregon Health Authority to hold title to property 410.080
Department as single state agency for specified federal programs 410.090
Department to implement supportive social services for persons age 60 and older 410.100
When department to administer area agency programs 410.120
Senior and Disabled Services Account 410.140
Records 410.150
Use of files 410.160
Limitation on estate claims 410.180
Long term care reimbursement audit manual 410.190
Representation of entities in contested case proceedings before department 410.210
Area agency advisory councils 410.220
Use of state and local resources 410.230
Expenditure of local funds not required 410.240
Operation of type A agencies 410.250
Duties of type A agencies 410.270
Operation of type B agencies 410.280
Duties of type B agencies 410.290
Conditions for designation as type B agency 410.295
Authority of type B agency to regulate adult foster homes 410.300
Transfer of state employees to type B agency 410.320
Governor’s Commission on Senior Services 410.330
Legislator members 410.340
Appointments to fill vacancies 410.410
Definitions for ORS 410.410 to 410.480 410.420
Use of funds for specified services 410.422
Oregon Project Independence Fund 410.425
Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders 410.430
Eligibility for authorized services 410.435
Expansion of Oregon Project Independence 410.440
Priorities for services 410.450
Determinations of eligibility 410.460
Computation of allowable costs 410.470
Fees 410.480
Required record keeping 410.485
Legislative findings 410.490
Duties of department 410.495
Registry for adult day care programs in state 410.505
Definitions for ORS 410.505 to 410.545 410.510
Establishment of procedure for assessment 410.515
Notice of availability of admission assessment services 410.520
When assessment to occur 410.525
Disclosure of fees 410.530
Department authority 410.535
Rules 410.540
Compliance as condition for licensure 410.545
Implementation of ORS 410.505 to 410.545 requires federal funding 410.550
Medicaid Long Term Care Quality and Reimbursement Advisory Council 410.555
Submission of changes to Medicaid reimbursement system to council 410.595
Legislative intent and findings 410.596
Statewide plan to expand access to skilled home care and personal support workforce 410.598
Training and testing for home care workers and personal support workers 410.600
Definitions for ORS 410.595 to 410.625 410.602
Home Care Commission 410.603
Developmental Disabilities and Mental Health Committee 410.604
Duties of commission 410.605
Private pay home care worker program 410.606
Referral of qualified individuals on home care registry 410.607
Home care and personal support worker classifications and payment rates 410.608
Selection of home care or personal support worker 410.612
Collective bargaining 410.614
Rights of home care and personal support workers 410.619
Home care and personal support workers not state employees 410.625
Authority of commission 410.631
Noncompetition agreements voidable by home care worker and personal support worker 410.632
Certain covenants between employer and home care worker or personal support worker voidable by worker 410.710
State policy on persons with disabilities 410.715
Person suffering brain injury to be considered person with disability 410.720
Mental health and addiction services for senior citizens and persons with disabilities 410.730
Self-Sufficiency Trust Fund 410.732
Disabilities Trust Fund 410.740
Oregon Deaf and Hard-of-Hearing Services Program 410.851
Policy on patient-based reimbursement system for long term care facilities 410.890
Civil penalty
Green check means up to date. Up to date

Current through early 2024

§ 410.040’s source at oregon​.gov