Or. Admin. Code § 410-173-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 410-173-0040 - Individually Based Limitations

(1) When certain HCBS setting qualities may not be met due to a threat to the health and safety of an Individual or others, a provider shall submit a request for an Individually-based limitation (IBL) to the IQA;

(2) An IBL shall be supported by a specific assessed need and documented in the PCSP. The IQA shall complete a Division-approved form documenting the IBL. The form identifies and documents, at a minimum, the following requirements:

(a) The specific and individualized assessed need justifying the IBL;

(b) The positive interventions and supports used prior to any IBL;

(c) Less intrusive methods that have been tried but did not work;

(d) A clear description of the limitation that is directly proportionate to the specific assessed need;

(e) Regular collection and review of data to measure the ongoing effectiveness of the IBL;

(f) Established time limits for periodic reviews of the IBL to determine if the limitation shall be terminated or remains necessary;

(g) The informed consent of the Individual or, as applicable, the legal representative of the individual, including any discrepancy between the wishes of the Individual and the consent of the legal representative, as evidenced by a signature and date;

(h) An assurance that the interventions and support do not cause harm to the Individual; and

(i) Documentation that the IBL shall be reviewed on a timeframe agreed upon by the PCS planning team at least every twelve (12) months.

(3) Providers are responsible for:

(a) Maintaining a copy of the completed and signed form documenting the consent to the appropriate limitation. The form shall be signed by the Individual, or, if applicable, the legal or authorized representative of the individual;

(b) Regular collection and review of data to measure the ongoing effectiveness of and the continued need for the individually based limitation; and

(c) Requesting a review of the individually- based limitation when a new individually-based limitation is indicated, or a change or removal of an individually based limitation is needed.

Or. Admin. Code § 410-173-0040

DMAP 12-2019, temporary adopt filed 05/21/2019, effective 06/01/2019 through 11/27/2019; DMAP 46-2019, adopt filed 11/07/2019, effective 11/26/2019; DMAP 42-2024, amend filed 02/14/2024, effective 2/29/2024

Statutory/Other Authority: ORS 409.050, 413.042, 413.085, 443.738, ORS 430.021, 430.735, 426.072 & 443.739

Statutes/Other Implemented: ORS 409.050, 413.042, 413.085, 443.738, ORS 427.007, 430.610, 430.620 & 430.662 - 430.670