(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;
(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 (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 to 443.455;
(b) Licensed adult foster homes, as defined in ORS 443.705;
(c) Developmental disability child foster homes certified under ORS 443.835;
(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]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 427 - Persons With Intellectual or Developmental Disabilities
Section 427.005 - Definitions.
Section 427.007 - Policy; Department of Human Services to facilitate community-based services.
Section 427.101 - Definitions for ORS 427.115, 427.121, 427.154, 430.662 and 430.664.
Section 427.104 - Developmental disability services; rules.
Section 427.105 - Diagnostic evaluations; contents; purpose; rules.
Section 427.107 - Rights of persons receiving developmental disability services; rules.
Section 427.109 - Complaint procedures.
Section 427.115 - Assessment of service needs and determination of service rate; rules.
Section 427.121 - Choice of community living setting.
Section 427.154 - Individualized service plan; requirements; rules.
Section 427.215 - Need for commitment.
Section 427.235 - Notice to court of need for commitment; investigation; report and recommendation.
Section 427.245 - Hearing; citation to appear; notice; right to legal counsel.
Section 427.293 - Disclosure of record of proceeding.
Section 427.330 - Definitions for ORS 427.330 to 427.340.
Section 427.340 - Developmental Disabilities Community Housing Fund.
Section 427.348 - Appointment of advisory committee.
Section 427.401 - Oregon Human Rights Commission established; membership; rules.
Section 427.900 - Authority of Department of Human Services to impose civil penalties; rules.