Oregon Persons With Intellectual or Developmental Disabilities
ORS 427.101
Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664


As used in this section and ORS 427.115 (Assessment of service needs and determination of service rate), 427.121 (Choice of community living setting), 427.154 (Individualized written service plan), 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) and 430.664 (Requirements for developmental disabilities programs and support service brokerages):

(1)

“Community living setting” means:

(a)

A residential setting;

(b)

An individual’s home or the home of the individual’s family; or

(c)

Other nonresidential setting.

(2)

“Developmental disability services” means the following services as provided for individuals with intellectual or developmental disabilities:

(a)

Services designed to develop or maintain the individual’s skills in the following areas:

(A)

Eating, bathing, dressing, personal hygiene, mobility and other personal needs;

(B)

Self-awareness and self-control, social responsiveness, social amenities, interpersonal skills, interpersonal relationships and social connections;

(C)

Community participation, recreation and the ability to use available community services, facilities or businesses;

(D)

Expressive and receptive skills in verbal and nonverbal language, the functional application of acquired reading and writing skills and other communication needs; and

(E)

Planning and preparing meals, budgeting, laundering, housecleaning and other personal environmental needs;

(b)

Case management;

(c)

Services described in ORS 430.215 (Responsibility for developmental disability services and psychiatric treatment services for children);

(d)

Employment services;

(e)

Environmental accessibility adaptations;

(f)

Specialized supports; and

(g)

Specialized medical equipment and supplies.

(3)

“Employment services” means services provided to develop or maintain the skills necessary for an individual to obtain and retain employment, including job assessment, job exploration, job development, job training, job coaching, work skills, and ongoing supports.

(4)

“Environmental accessibility adaptations” means physical modifications to an individual’s home that are necessary to ensure the health, welfare and safety of the individual in the home, or that enable the individual to function with greater independence in the home.

(5)

“Individualized service plan” means a plan described in ORS 427.107 (Rights of persons receiving developmental disability services) (2)(i), (j) and (k) that identifies the resources, services and purchases necessary for an individual with a developmental disability to achieve identified personal goals and maximize self-determination.

(6)

“Person-centered planning” means an informal or formal process for gathering and organizing information that helps an individual to:

(a)

Enhance self-determination by choosing personal goals and lifestyle preferences;

(b)

Design strategies and networks of support to achieve personal goals and a preferred lifestyle using individual strengths, relationships and resources; and

(c)

Identify, use and strengthen naturally occurring opportunities for support in the home and in the community.

(7)

“Residential setting” means one of the following community living settings licensed or regulated by the Department of Human Services:

(a)

Residential facilities licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties);

(b)

Licensed adult foster homes, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825);

(c)

Developmental disability child foster homes certified under ORS 443.835 (Certificate required);

(d)

Group homes; and

(e)

Supported living programs.

(8)

“Self-determination” means empowering individuals to:

(a)

Make their own choices and decisions;

(b)

Select and plan, together with freely chosen family members and friends, the developmental disability services that are necessary for an individual to live, work and recreate in the setting that the individual chooses and in the community;

(c)

Control, or have input regarding, the manner in which resources are used to obtain needed services and supports, with the help of a social support network if needed;

(d)

Live an autonomous life in the community, rich in community affiliations, through formal or informal arrangements of resources and personnel and contribute to their community in the ways they choose;

(e)

Have a valued role in the community through competitive employment, organizational affiliations, personal development and general caring for others in the community, and to be accountable for spending public dollars in ways that are life-enhancing for the individual; and

(f)

Speak or act on their own behalf or on behalf of others, including participating in policy-making and legislative processes.

(9)

“Service provider” means any person who is paid a service rate by the department to provide one or more of the services identified in the individualized service plan of an individual with an intellectual or developmental disability regardless of where the service is provided.

(10)

“Service rate” means the amount of reimbursement paid to a service provider to care for an individual with an intellectual or developmental disability.

(11)

(a) “Specialized medical equipment and supplies” means:

(A)

Devices, aids, controls, supplies or appliances that enable individuals:

(i)

To increase their ability to perform activities of daily living; or

(ii)

To perceive, control or communicate with the environment in which they live;

(B)

Items necessary for life support, including ancillary supplies and equipment necessary to the proper functioning of these items; and

(C)

Medical equipment not available in the medical assistance program.

(b)

“Specialized medical equipment and supplies” does not include items that have no direct medical or remedial benefit to the individual.

(12)

“Specialized supports” means treatment, training, consultation or other unique services that are not available through the medical assistance program but are necessary to achieve the goals identified in the individualized service plan, or other developmental disability services prescribed by the department by rule.

(13)

“Support service brokerage” means an entity that contracts with the department to provide or to arrange for developmental disability services. [Formerly 427.400; 2019 c.276 §1]
Source
Last accessed
May. 15, 2020