Oregon Statutes 427.115 – Assessment of service needs and determination of service rate; rules
(1) The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficient to meet the support needs of the individual. If an assessment of support needs results in a change to the service rate being paid to the service provider, the department or the department’s designee shall provide to the individual and the individual’s service provider and case manager and, if appropriate, to the individual’s guardian, primary caregiver or family members, a detailed accounting of the service rate paid to the service provider and the factors and weighting of factors used to determine the service rate.
Terms Used In Oregon Statutes 427.115
- Developmental disability: means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:
(a) Originates before an individual is 22 years of age and is expected to continue indefinitely;
(b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;
(c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and
(d) Requires supports similar to those required by an individual with an intellectual disability. See Oregon Statutes 427.005
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) The department or the department’s designee shall assess the support needs and determine the service rate, as described in subsection (1) of this section, no later than 90 days after the individual or the individual’s service provider, case manager, guardian, primary caregiver, family member or legal representative makes a request, based on significant changes to the individual’s support needs, for a new assessment of support needs and a redetermination of the service rate.
(3) The department shall adopt by rule the procedures and criteria for requesting and conducting an assessment of support needs and a determination of a service rate under this section, using an advisory committee appointed in accordance with ORS § 183.333. The rules shall include a procedure for contesting the denial of a request for assessment of support needs and redetermination of a service rate or the failure of the department or the department’s designee to respond to a request for assessment and redetermination within a reasonable period of time, as prescribed by the department by rule. [2013 c.604 § 2; 2019 c.276 § 2]
[Amended by 1953 c.155 § 7; 1959 c.331 § 8; 1965 c.339 § 11; repealed by 1979 c.683 § 37]