Oregon Statutes - Chapter 410 - Senior and Disability Services

410.010 State policy for seniors and people with disabilities.
(1) The Legislative Assembly finds and declares that, in keeping with the traditional concept of the inherent dignity of the individual in our democratic society,...
410.020 Implementation of state policy.
In carrying out the policies stated in ORS 410.010, the state shall: (1) Coordinate the effective and efficient provision of community services to older citizens...
410.030 Legislative findings on long term care options.
The Legislative Assembly of the State of Oregon finds the following regarding older citizens and citizens with disabilities: (1) That there are many older Oregonians...
410.040 Definitions for ORS 410.040 to 410.320.
As used in ORS 409.010, 410.040 to 410.320, 411.590 and 441.630: (1) �Appropriate living arrangement� means any arrangement for an elderly person or a person...
410.050 General policy.
(1) The State of Oregon finds: (a) That the needs of the elderly population can be best served and planned for at the local community...
410.060 Policy for persons with disabilities served by department.
(1) It is the policy of the State of Oregon that persons with disabilities served by the Department of Human Services shall also receive necessary...
410.070 Duties of Department of Human Services; elderly persons and persons with disabilities; rules.
(1) The Department of Human Services shall: (a) Serve as the central state agency with primary responsibility for the planning, coordination, development and evaluation of...
410.072 Determination of annual budget levels for type B area agencies; rules.
The Department of Human Services shall: (1) Adopt by rule a methodology for determining annual budget levels for type B area agencies for planning and...
410.074 Consultation with representatives of type B area agencies on rules establishing methodology.
Before adopting the rules described in ORS 410.072, the Department of Human Services shall consult with representatives of type B area agencies. [2003 c.772 §4]...
410.075 Authority of department to hold title to property; rules.
The Department of Human Services may take title to real and personal property in performing its duties under ORS 411.630, 411.708, 411.795, 414.105 and 416.310....
410.080 Department as single state agency for federal programs.
(1) The Department of Human Services is the designated single state agency for all federal programs under ORS 409.010, 410.040 to 410.320, 411.590 and 441.630....
410.090 Department to implement supportive social services for persons age 60 and older; rules.
(1) The Department of Human Services is directed to develop and place in effect a program of supportive social services for persons age 60 or...
410.100 When department to administer area agency programs.
(1) In the event that a local government withdraws the designation of an area agency, or the Department of Human Services withdraws the area agency...
410.110 Revolving fund.
(1) On written request of the Department of Human Services, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department...
410.120 Senior and Disabled Services Account.
(1) There is established in the General Fund of the State Treasury an account to be known as the Senior and Disabled Services Account. All...
410.125 Residential Care Facility Licensing Moratorium Fee Subaccount.
(1) The Residential Care Facility Licensing Moratorium Fee Subaccount is established in the Senior and Disabled Services Account established under ORS 410.120. Fees collected by...
410.130 [1981 c.784 §26; repealed by 2001 c.900 §261]
410.140 Records; rules.
The Department of Human Services shall make and enforce rules governing the custody, use and preservation of the records, papers, files and communications by any...
410.150 Use of files; confidentiality; privileged communications.
For the protection of applicants for and recipients of services, the Department of Human Services shall not disclose or use the contents of any records,...
410.160 Limitation on estate claims.
Nothing in ORS 409.010, 410.040 to 410.320, 411.590 and 441.630 extends estate claims requirements and procedures related to certain Title XIX services under current Oregon...
410.180 Long term care reimbursement audit manual.
In carrying out the reimbursement system stated in the state policy on long term care reimbursement, the Department of Human Services shall develop, publish and...
410.190 Representation of corporation in contested case proceedings before department.
(1) Notwithstanding ORS 8.690, 9.160, 9.320, ORS chapter 180, ORS 203.145 or other law, in any contested case proceeding before the Department of Human Services,...
410.210 Area agency advisory councils; membership; duties.
(1) Each area agency shall have an area agency advisory council, with members appointed by the area agency board. (a) For a type A area...
410.220 Use of state and local resources.
Each area agency may use, with the consent of state and municipal departments and agencies, their services, equipment, facilities and personnel, and pay therefor, within...
410.230 Expenditure of local funds not required.
Nothing in ORS 409.010, 410.040 to 410.320, 411.590 and 441.630 requires an area agency or local governmental unit to expend local funds for the purpose...
410.240 Operation of type A agencies.
On and after October 1, 1981, a type A area agency shall operate in the same manner as it operated with local administrative responsibility for...
410.250 Duties of type A agencies.
Each type A area agency shall: (1) Conduct local planning functions for Title III of the Older Americans Act and Oregon Project Independence. (2) Develop...
410.270 Operation of type B agencies.
(1) A local government shall be responsible for all actions of a type B area agency in its jurisdiction, including but not limited to the...
410.280 Duties of type B agencies.
Each type B area agency shall: (1) Comply with the provisions of ORS 410.250 (1) and (3) to (10). (2) Conduct local planning functions for...
410.290 Conditions to designation as type B agency; plan of operation.
(1) Prior to the designation of an area agency as a type B area agency, the area agency, the responsible unit of local government and...
410.295 Authority of type B agency to regulate adult foster homes.
(1) The Director of Human Services may delegate the following functions pertaining to regulation of adult foster homes for elderly persons and persons with disabilities...
410.300 Transfer of state employees to type B agency; conditions.
(1) A type B area agency may contract with the Department of Human Services for services of state employees or have such employees transferred to...
410.320 Governor�s Commission on Senior Services.
(1) The Governor�s Commission on Senior Services is created. The commission shall consist of at least 21 members appointed by the Governor for terms of...
410.330 Legislator members; expenses.
(1) In addition to the members of the Governor�s Commission on Senior Services appointed under ORS 410.320, the President of the Senate shall appoint one...
410.340 Appointments to fill vacancies.
In case of a vacancy on the Governor�s Commission on Senior Services, the appointing authority shall appoint a successor for the remainder of the unexpired...
410.410 Definitions for ORS 410.410 to 410.480.
As used in ORS 410.410 to 410.480: (1) �Authorized agency� means any organization designated by the Department of Human Services as an area agency on...
410.420 Use of funds; rules.
(1) Funds appropriated for Oregon Project Independence shall only be expended for the following authorized services: (a) Homemaker; (b) Housekeeper; (c) Chore; (d) Escort; (e)...
410.422 Oregon Project Independence Fund.
(1) The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project...
410.425 Separate accounts for persons age 60 and over and for persons with Alzheimer�s disease or related disorders.
Except as provided in ORS 410.422, the funds available for purposes of ORS 410.410 to 410.480 shall be kept in separate accounts in the General...
410.430 Eligibility for services under ORS 410.410 to 410.480.
(1) In order to qualify for services from an authorized agency or service provider, each client or recipient must: (a) Be 60 years old or...
410.435 Expansion of Oregon Project Independence; rules.
(1) Notwithstanding ORS 410.430 and subject to the conditions described in subsection (2) of this section, the Department of Human Services shall adopt rules: (a)...
410.440 Priorities for services.
(1) Eligible clients shall receive authorized services on a priority basis, with highest priorities receiving services first. (2) Priority for receipt of authorized services shall...
410.450 Determinations of eligibility; rules.
(1) Eligibility determinations and determinations of services for Oregon Project Independence shall be made in accordance with rules of the Department of Human Services. (2)...
410.460 Computation of allowable costs.
Allowable costs by authorized agencies are those associated with the direct provision of services to clients and such administrative costs as may be required to...
410.470 Fees; collection; records; use.
(1) The Department of Human Services shall establish fees for services provided under ORS 410.410 to 410.480 after consultation with area agencies on aging. The...
410.480 Required record keeping; audit.
(1) Each authorized agency and service provider shall maintain books, records, documents and accounting procedures which reflect costs and such other activities as the Department...
410.485 Legislative findings.
The Legislative Assembly finds that there is a need for the Department of Human Services to promote the availability of adult day care services and...
410.490 Duties of department; rules.
(1) To provide greater flexibility and availability of services, the Department of Human Services shall apply for waiver of federal statutory and regulatory requirements to...
410.495 Registry for adult day care programs in state; rules.
(1) The Department of Human Services shall develop a registry of all adult day care programs in Oregon. (2) The department shall adopt rules, to...
410.505 Definitions for ORS 410.505 to 410.545.
As used in ORS 410.505 to 410.545: (1) �Admission assessment� means a professional program that provides an assessment of the long term care needs of...
410.510 Establishment of procedure for assessment.
For reasons stated in ORS 410.030 (2), the Department of Human Services shall establish a procedure for assessment of the long term care needs of...
410.515 Notice of availability of admission assessment services; disclosure form; department to provide services; maximum fees.
(1) Prior to admission to an adult foster home, as defined in ORS 443.705, a residential care facility, as defined in ORS 443.400, an assisted...
410.520 When assessment to occur; exceptions.
(1) Subject to subsection (2) of this section, admission screening shall occur: (a) Before admission to an intermediate care facility; and (b) Within seven days...
410.525 Disclosure of fees; waiver of assessment; additional assessment services.
(1) If the admission assessment is performed by a certified program, the program shall disclose to the person receiving the assessment any portion of the...
410.530 Department authority; delegation; advisory committee; rules.
(1) The Department of Human Services has the following authority which it may delegate to any program certified by the department to provide assessment services:...
410.535 Rules.
The Department of Human Services shall adopt rules to carry out the provisions of ORS 410.505 to 410.545, including, but not limited to: (1) Granting...
410.540 Compliance as condition for licensure.
Compliance with the provisions of ORS 410.505 to 410.545 shall be a condition for licensure as a nursing facility. [1989 c.912 §7]
410.545 Implementation of ORS 410.505 to 410.545 requires federal funding.
Implementation of ORS 410.505 to 410.545 is subject to federal fund participation of the admission assessment activities specified in ORS 410.510 to 410.530. [1989 c.912...
410.550 Medicaid Long Term Care Quality and Reimbursement Advisory Council; membership; duties.
(1) The Medicaid Long Term Care Quality and Reimbursement Advisory Council is created, to consist of 12 members. Appointed members shall be residents of the...
410.555 Submission of changes to Medicaid reimbursement system to council; advisory recommendation; approval; report; budget review; rules.
(1) The Department of Human Services shall submit to the Medicaid Long Term Care Quality and Reimbursement Advisory Council, for the council�s review and recommendation,...
410.600 Definitions for ORS 410.600 to 410.625.
As used in ORS 410.600 to 410.625: (1) �Activities of daily living� includes but is not limited to the following: (a) Bathing and personal hygiene;...
410.602 Home Care Commission; membership; rules.
(1) The Home Care Commission is created, consisting of nine members appointed by the Governor and confirmed by the Senate as provided in ORS 171.562...
410.604 Duties of commission; executive director.
(1) The Home Care Commission shall ensure the quality of home care services by: (a) Establishing qualifications for home care workers with the advice and...
410.606 Referral of qualified individuals on commission registry.
The Department of Human Services, an area agency or other public agency shall provide to an individual seeking a home care worker the names of...
410.608 Selection of home care worker; right to terminate employment; eligibility determination made by Department of Human Services.
(1) An elderly person or a person with a disability who hires a home care worker has the right to select the home care worker,...
410.610 [1981 c.183 §1; 1987 c.428 §27; 1989 c.721 §50; renumbered 124.050 in 1995]
410.612 Collective bargaining.
(1) For purposes of collective bargaining under ORS 243.650 to 243.782, the Home Care Commission is the employer of record for home care workers. (2)...
410.614 Rights of home care workers.
Notwithstanding ORS 243.650 (19) and (20), the Home Care Commission shall be considered a public employer and home care workers shall be considered public employees...
410.620 [1981 c.183 §2; renumbered 124.055 in 1995]
410.625 Authority of commission; budget.
(1) In carrying out its duties under ORS 410.600 to 410.625, the Home Care Commission may: (a) Enter into an interagency agreement or a contract...
410.630 [1981 c.183 §3; renumbered 124.060 in 1995]
410.640 [1981 c.183 §4; 1983 c.434 §3; renumbered 124.065 in 1995]
410.650 [1981 c.183 §5; 1983 c.434 §1; 1983 c.740 §139; renumbered 124.070 in 1995]
410.660 [1981 c.183 §6; renumbered 124.075 in 1995]
410.670 [1981 c.183 §7; 1987 c.428 §28; renumbered 124.080 in 1995]
410.680 [1981 c.183 §8; 1985 c.651 §1; renumbered 124.085 in 1995]
410.690 [1981 c.183 §9; 1983 c.434 §2; 1985 c.651 §2; renumbered 124.090 in 1995]
410.700 [1981 c.183 §10; renumbered 124.095 in 1995]
410.710 State policy on persons with disabilities.
The Legislative Assembly finds and declares that it is a policy of this state that: (1) All persons regardless of any disability have the right...
410.715 Person suffering brain injury to be considered person with disability.
It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where...
410.720 Mental health and addiction services for senior citizens and persons with disabilities.
(1) It is the policy of this state to provide mental health and addiction services for all Oregon senior citizens and persons with disabilities through...
410.730 Self-Sufficiency Trust Fund; rules.
(1) The Self-Sufficiency Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. Interest earned, if any, shall inure to...
410.732 Disabilities Trust Fund; rules.
(1) The Disabilities Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund...
410.740 Oregon Deaf and Hard-of-Hearing Services Program; advisory committee.
(1) The Oregon Deaf and Hard-of-Hearing Services Program is created in the Department of Human Services. The purpose of the program is to assist members...
410.850 [1985 c.647 §2; repealed by 1987 c.523 §1 (410.851 enacted in lieu of 410.850)]
410.851 Policy on patient-based reimbursement system for long term care facilities; rules.
(1) The Legislative Assembly finds and declares that patients admitted to and cared for by long term care facilities in Oregon are more impaired than...
410.890 Civil penalty.
Violation of ORS 410.520 shall be subject to a civil penalty not to exceed $5,000, imposed in the manner provided in ORS 441.705 to 441.745....
410.990 [1981 c.183 §12; 1999 c.1051 §177; renumbered 124.990 in 2001]

Last modified: August 7, 2008