Or. Admin. Code § 411-035-0055

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

Section 411-035-0055 - Eligibility for Consumer Environmental Modifications

(1) To be eligible for environmental modifications, a consumer may not be receiving community-based care in a licensed care setting and must meet the requirements in OAR 411-030-0033.

(2) If the consumer lives in a rental location, the consumer must have a written and signed agreement between the consumer receiving services and the owner or landlord of the rental property.

(a) The agreement must include:

(A) The scope of work provided;

(B) That the modification is permissible; and

(C) That the Department shall not restore the rental unit to its former condition.

(b) Environmental modifications in rental locations must not be for services that are required of the landlord under applicable landlord-tenant law.

(3) Environmental modifications are not part of the consumer's on-going service plan. Once the environmental modification is complete, those services shall cease. No reduction notice is required.

(4) Environmental modifications must be appropriate, cost effective, and meet the service need of the consumer.

(a) Environmental modifications are limited to $5000 per environmental modification unless an exception is required per section (5) of this rule.

(b) If feasible, three bids are required from companies or vendors. A bid is not comparative pricing through the Internet.

(5) Exceptions to the $5,000 limitation may be granted if the consumer has service needs that warrant an exception for payment and no alternative is available to meet the needs of the consumer.

(6) Upon completion of the requested and approved environmental modification, the Department is not responsible for restoring the home to its previous condition. This includes the completion of environmental modifications when the consumer claims to not be satisfied with the work completed by the provider.

Or. Admin. Code § 411-035-0055

APD 16-2014, f. & cert. ef. 6-4-14; APD 9-2015, f. 3-30-15, cert. ef. 4/3/2015; APD 34-2019, amend filed 09/27/2019, effective 10/1/2019

Statutory/Other Authority: 410.070 & ORS 409.050

Statutes/Other Implemented: ORS 409.050, 410.040, 410.090, 410.210 to 410.300 & 441.520