Or. Admin. Code § 411-345-0140
Current through Register Vol. 63, No. 11, November 1, 2024
Section 411-345-0140 - Exit and Transfer Requirements for a Provider Agency(1) VOLUNTARY TRANSFERS AND EXITS. (a) A provider agency must promptly notify an individual's case manager if the individual gives notice of the intent to exit services or abruptly exits services.(b) A provider agency must notify an individual's case manager prior to the voluntary transfer or exit of an individual from services.(c) Notification and authorization of an individual's voluntary transfer or exit must be documented in the individual's record.(2) INVOLUNTARY REDUCTIONS, TRANSFERS, AND EXITS.(a) A provider agency may reduce, transfer, or exit an individual or group of individuals involuntarily for one or more of the following reasons: (A) The behavior of the individual poses an imminent risk of danger to self or others.(B) The individual experiences a medical emergency.(C) The provider agency is no longer able to meet the service needs of the individual. (D) The provider agency cannot provide the services needed to meet the individual's goals associated with the service. (E) The site closes or the provider agency makes a programmatic change.(F) The certification or endorsement for the provider agency described in OAR chapter 411, division 323 is suspended, revoked, not renewed, or voluntarily surrendered.(b) A provider agency may give less than 30 calendar days advance written notice only in a medical emergency or when an individual is engaging in behavior that poses an imminent danger to self or others. The notice must be provided to the individual and the individual's legal or designated representative (as applicable) and case manager, immediately upon determination of the need for a reduction, transfer, or exit.(c) A Notice of Involuntary Reduction, Transfer, or Exit is not required when: (A) An individual requests the reduction or exit.(B) A general community employer terminates the employment relationship with the individual.(C) The end date of the service identified on the ISP or Service Agreement is reached, if the provider has given at least 30 days written notification to the individual and the individual's case manager of the intent to reduce or terminate services. (d) NOTICE OF INVOLUNTARY INDIVIDUAL REDUCTION, TRANSFER, OR EXIT. A provider agency must not reduce services, transfer, or exit an individual involuntarily without 30 calendar days advance written notice to the individual and the individual's legal or designated representative (as applicable) and case manager, except in the case of a medical emergency or when an individual is engaging in behavior that poses an imminent danger to self or others as described in subsection (b) of this section. The written notice must be provided on the Notice of Involuntary Reduction, Transfer, or Exit form approved by the Department and include all of the following: (A) The reason for the reduction, transfer, or exit.(B) The right of individuals receiving employment services to submit a complaint to the Department and have the Department review the matter. (C) The individual's right to a hearing as described in subsection (f) of this section, if the individual is not satisfied with the outcome of the complaint process and Department review of the matter.(e) NOTICE OF INVOLUNTARY GROUP REDUCTION OR EXIT. If a provider agency reduces or exits more than 10 individuals within any 30 calendar day period, the provider agency must provide written notice 60 calendar days in advance to the individuals and their legal or designated representatives (as applicable), the Department, and their case manager. The written notice must be provided on the Notice of Involuntary Reduction or Exit form approved by the Department and include all of the following:(A) The reason for the reduction or exit.(B) The right of individuals receiving employment services to submit a complaint to the Department and have the Department review the matter.(C) The right of the individual to a hearing as described in subsection (f) of this section, if the individual is not satisfied with the outcome of the complaint and Department review of the matter. (f) HEARING RIGHTS. An individual must be given the opportunity for a hearing under ORS chapter 183 and OAR 411-318-0030 to dispute an involuntary reduction, transfer, or exit, if the individual is not satisfied with the complaint resolution and Department review. If an individual requests a hearing, the individual must receive the same services until the hearing is resolved, unless the provider is no longer delivering that service to any individual. When an individual has been given written notice of a reduction, transfer, or exit as described in subsection (b) of this section less than 30 calendar days in advance and the individual has requested a hearing, the provider agency must reserve service availability for the individual until receipt of the Final Order.(3) EXIT MEETING. (a) The ISP team for an individual, including the employment provider, must meet before any decision is made to exit the individual from services. An exit meeting must be held within 10 business days if requested by the individual, the provider, or anyone on the ISP team and is due to a medical emergency, or when an individual is engaging in behavior that poses an imminent danger to self or others. Otherwise, the exit meeting must occur within a reasonable amount of time. Findings of the exit meeting must be recorded in the individual's file and include, at a minimum, all of the following: (A) The name of the individual considered for exit.(B) The date of the exit meeting.(C) The participants included in the exit meeting.(D) The circumstances leading to the proposed exit.(E) The strategies to prevent the exit of the individual from services (unless the individual is requesting the exit);(F) The decision regarding the exit of the individual, including verification of the voluntary decision to exit or a copy of the Notice of Involuntary Reduction, Transfer, or Exit.(G) Documentation of the proposed plan for services after the exit.(b) Requirements for an exit meeting may be waived if an individual is immediately removed from services under any of the following conditions: (A) The individual requests an immediate removal from services.(B) The individual is removed by legal authority acting pursuant to civil or criminal proceedings.(4) TRANSFER MEETING. An ISP team must meet to discuss any proposed transfer of an individual from one site to another site before any decision to transfer is made. Findings of the transfer meeting must be recorded in the individual's file and include, at a minimum, all of the following: (a) The name of the individual considered for transfer.(b) The date of the transfer meeting.(c) The participants included in the transfer meeting.(d) Circumstances leading to the proposed transfer.(e) The alternatives considered instead of a transfer.(f) The reasons any preferences of the individual, or as applicable their legal or designated representative or family members, may not be honored.(g) The decision regarding the transfer of the individual, including verification of the voluntary decision to transfer or exit or a copy of the Notice of Involuntary Reduction, Transfer, or Exit.(h) The written plan for services after the transfer.Or. Admin. Code § 411-345-0140
MHD 7-1990(Temp), f. & cert. ef. 6-12-90; MHD 13-1990, f. & cert. ef. 12-7-90; MHD 1-1997, f. & cert. ef. 1-31-97; MHD 2-2003(Temp), f. & cert. ef. 7-1-03 thru 12-27-03; Renumbered from 309-047-0065, SPD 23-2003, f. 12-22-03, cert. ef. 12-28-03; SPD 14-2011, f. & cert. ef. 7-1-11; SPD 26-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SPD 61-2013, f. 12-27-13, cert. ef. 12-28-13; APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 22-2016, f. & cert. ef. 6/29/2016; APD 33-2017, amend filed 12/29/2017, effective 1/1/2018; APD 41-2019, amend filed 10/29/2019, effective 11/1/2019Statutory/Other Authority: ORS 409.050, 427.007 & 427.104
Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154