Or. Admin. R. 411-440-0020

Current through Register Vol. 63, No. 5, May 1, 2024

Section 411-440-0020 - [Effective until 10/27/2024] Definitions and Acronyms

In addition to the following definitions and acronyms, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 440. If a word or term is defined differently in OAR 411-317-0000, the definition in this rule applies.

(1) "Abbreviated School Day Program" means an education program in which a school district restricts access for a student with a disability to hours of instruction or educational services to less than the number of hours of instruction or educational services provided to the majority of other students, in the same grade, within the student's resident school district, for more than 10 school days per school year.

(2) "Attendant Care" is defined in OAR 411-317-0000 and described in OAR 411-450-0060.

(3) "Children's Extraordinary Needs (CEN) Program" means the program where a parent of a child is paid by a provider agency to deliver attendant care to their child.

(4) "Child" is an individual under the age of 18.

(5) "Client Child" means a child receiving paid supports from a parent provider.

(6) "Completed Application" means the application created by the Department is filled out accurately and contains all of the information needed to add a child to the waitlist for the CEN Program.

(7) "Direct Support Professional" means a person hired, employed, trained, paid, and supervised by a provider agency to provide attendant care services to a client of the agency.

(8) "Good Cause" means an excusable mistake, surprise, excusable neglect (which may include neglect due to a significant cognitive or health issue) due to:

(a) Circumstances beyond the control of a person;

(b) Reasonable reliance on the statement of Department staff, a case management entity, or a provider agency relating to procedural requirements; or

(c) Fraud, misrepresentation, or other misconduct of the Department or party adverse to the person.

(9) "Guardian" is defined in OAR 411-317-0000.

(10) "Health Systems Division Medical Programs" is defined in OAR 410-200-0015.

(11) "Medically Fragile Model Waiver" is defined in OAR 411-300-0110.

(12) "Medically Involved Children's Waiver" is defined in OAR 411-300-0110.

(13) "Oregon Supplemental Income Program-Medical" is defined in OAR 411-317-0000.

(14) "Ownership Interest" is when a person:

(a) Has an ownership interest totaling 5 percent or more in a provider agency;

(b) Has an indirect ownership interest equal to 5 percent or more in a provider agency.

(c) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider agency;

(d) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by a disclosing entity if that interest equals at least 5 percent of the value of the property or assets of a provider agency;

(e) Is an officer or director of a provider agency;

(f) Is a partner in a provider agency that is organized as a partnership; or

(g) Is a member of the board of directors of a provider agency.

(15) "Parent" means the biological parent, adoptive parent, stepparent, or legal guardian of a child.

(16) "Parent Provider" means a parent employed by a provider agency as a direct support professional to deliver hourly attendant care to their own child.

(17) "Provider Agency" is defined in OAR 411-317-0000.

(18) "Residential Program" is defined in OAR 411-317-0000.

(19) "These Rules" mean the rules in OAR chapter 411, division 440.

(20) "Very High Behavioral Needs":

(a) Means an Oregon Needs Assessment has determined a General Support Need Score for a child and the child:

(A) Exhibits at least two behaviors identified in OAR 411-450-0060, Table 4, in the section about the Behavior Support Need Score; and

(B) Has a current Positive Behavior Support Plan, as described in OAR 411-304-0150(5), to address the behaviors identified in subsection (A) of this section.

(b) May also be known as "service group 5b" or "5b".

(21) "Very High Medical Needs":

(a) Means an Oregon Needs Assessment has determined a General Support Need Score for a child and the child requires a support person to perform a medical task identified in OAR 411-450-0060, Table 4, in the section about the Support Person Performs Score at least daily.

(b) May also be known as "service group 5m" or "5m".

(22) "Vulnerable Person" means a person who requires physical care and monitoring who is:

(a) 65 years of age or older;

(b) Financially incapable as defined in ORS 125.005;

(c) Incapacitated as defined in ORS 125.005; or

(d) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion, or physical or emotional injury because of the person's physical or mental impairment.

(23) "Waitlist" means a list maintained by the Department for the purpose of determining the order of enrollment into the CEN Program when a space in the CEN Program becomes available.

Or. Admin. R. 411-440-0020

APD 19-2024, temporary adopt filed 04/30/2024, effective 5/1/2024 through 10/27/2024

Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662

Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662