Or. Admin. Code § 411-100-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 411-100-0040 - Self-Sufficiency Trust Responsibilities (Private, Non-Profit Trust)

(1) The private, non-profit self-sufficiency trust shall have all responsibility for the solicitation and enrollment of participants into the State Self-Sufficiency Trust Fund. Specific responsibilities include:

(a) Explaining the private, non-profit trust and State Trust Fund activities to all family members approaching the private, non-profit trust;

(b) Enrolling those wanting to participate through an application process;

(c) Gathering the necessary assessment and evaluation data pertaining to the beneficiary;

(d) Meeting with the family members to refine and prioritize the services needs of the beneficiary;

(e) Developing a life care plan based on the assessment conducted, projecting the specific services required, dates of such services and projected costs of such services by developing a financial plan. The financial plan must itemize the means in which services outlined are to be funded through contributions to the private, non-profit trust;

(f) Developing and executing all necessary contractual and legal requirements between the sponsor of the beneficiary and the private, non-profit trust; and

(g) Before executing the Life Care Plan, the private, non-profit trust must have received final approval by the Division.

(2) The private, non-profit trust shall transmit and communicate to the Division the final, executed Life Care Plan and other related information developed by the trust.

(3) The private non-profit trust shall meet with the Division prior to the beginning of each fiscal year to determine the following:

(a) Specific beneficiaries enrolled in the private, non-profit trust whose financial target has been reached or will be reached in the upcoming fiscal year;

(b) Specific services requested by beneficiaries and sponsors;

(c) A list of qualified providers and services;

(d) The amount of funds that will be transferred to the State Trust Fund for supplementary services to be provided to the individual beneficiaries; and

(e) The amount of the federal and state assistance funding that will be committed to services for the State Trust Fund beneficiary in the upcoming fiscal year.

(4) The private, non-profit trust shall have all responsibility in managing its funds to provide for sufficient earnings and protect the principal amount deposited by the sponsors.

(5) The private, non-profit trust shall transfer prescribed funds to the State Trust Fund when the beneficiary is 18 years of age or older or is emancipated, or the parents of the beneficiary have died, or in cases of extreme, unforeseen hardship.

(6) The private, non-profit trust may request the return of the remaining money, including any accumulated interest, in the State Trust Fund account if the money in the account of a named beneficiary cannot be used for supplementary care, support or treatment of the beneficiary in a manner consistent with the agreement.

(7) The private, non-profit trust shall submit to the Division an annual audited financial statement performed by its independent auditors.

Or. Admin. Code § 411-100-0040

SSD 4-1991, f. & cert. ef. 2-1-91

Stat. Auth.: ORS 410.730 & ORS 410.732

Stats. Implemented: ORS 410.730