ORS 427.181
Department of Human Services to contract with organizations providing agency with choice services

  • contract requirements

(1)

As used in this section:

(a)

“Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regarding what services are needed, including by providing:

(A)

Training, coaching and other forms of support to the individual on:
(i)
Self-direction; and
(ii)
The roles and responsibilities of the individual and the agency with choice services provider;

(B)

Training, coaching and other forms of support to the individual in the overall management of staff providing direct support services to the individual, including in the recruitment, hiring, scheduling and training of staff, performance assessments of staff and dismissal of staff; and

(b)

“Individual” means a child or adult with an intellectual or developmental disability, or the representative of the child or adult, who receives in-home services and supports through the Department of Human Services.

(2)

The department shall contract with one or more organizations to deliver agency with choice services as a community-based services option under ORS 427.007 (Policy) (1)(d).

(3)

An organization contracting with the department under subsection (2) of this section shall be expected, at a minimum, to:

(a)

Maximize an individual’s self-direction and autonomy by supporting the individual to direct the individual’s staff hired to provide direct support services to the individual and manage the day-to-day services of the individual’s staff hired to provide direct support services to the individual;

(b)

Have a commitment to work with a broad coalition of stakeholders in an effort to understand the changing needs of the workforce and of individuals’ needs, rights and preferences; and

(c)

Have the ability to meet the state’s interest in preventing or mitigating disruptions to individuals’ in-home services and supports.

(4)

The department may not contract with an organization under subsection (2) of this section to provide agency with choice services if the owner of or an executive officer of the organization has been convicted of Medicaid fraud in any state within the 25-year period prior to entering into the contract. [2022 c.91 §1; 2023 c.568 §1]
Note: 427.181 (Department of Human Services to contract with organizations providing agency with choice services) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 2, chapter 568, Oregon Laws 2023, provides:
Sec. 2. The Department of Human Services shall contract with an organization to deliver agency with choice services under section 1, chapter 91, Oregon Laws 2022 [427.181 (Department of Human Services to contract with organizations providing agency with choice services)], no later than July 1, 2024. [2023 c.568 §2]

Source: Section 427.181 — Department of Human Services to contract with organizations providing agency with choice services; contract requirements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html.

427.005
Definitions
427.007
Policy
427.021
Application fees for providers of residential care to individuals with intellectual or developmental disabilities
427.024
Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities
427.101
Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664
427.104
Developmental disability services
427.105
Diagnostic evaluations
427.107
Rights of persons receiving developmental disability services
427.109
Complaint procedures
427.115
Assessment of service needs and determination of service rate
427.121
Choice of community living setting
427.154
Individualized service plan
427.163
Application of savings generated by support service brokerages
427.181
Department of Human Services to contract with organizations providing agency with choice services
427.191
Program to compensate parents to provide attendant care services to their minor children
427.215
Need for commitment
427.235
Notice to court of need for commitment
427.245
Hearing
427.255
Detention prior to investigation or hearing
427.265
Court to advise person of nature of proceeding and rights
427.270
Report of diagnostic evaluation
427.275
Fees of persons appointed by court to perform diagnostic evaluations
427.280
Treatment given after citation issued
427.285
Witnesses required at hearing
427.290
Determination by court of need for commitment
427.292
Parental consent required for involuntary commitment of minor child
427.293
Disclosure of record of proceeding
427.295
Appeal of commitment order
427.300
Assignment to appropriate facility
427.306
Confinement of committed persons with intellectual disabilities in least restrictive setting
427.330
Definitions for ORS 427.330 to 427.340
427.335
Authority of department to develop community housing
427.340
Developmental Disabilities Community Housing Fund
427.347
Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation
427.348
Appointment of advisory committee
427.401
Oregon Human Rights Commission established
427.403
Commission to establish statewide regional advisory committee
427.900
Authority of Department of Human Services to impose civil penalties
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