The Oregon Department of Human Services, Office of Developmental Disabilities Services (ODDS) is requesting public input on proposed rule changes to:
- OAR chapter 411, division 415 about case management services. The rules in OAR chapter 411, division 415 prescribe standards, responsibilities, and procedures for the delivery of case management services to individuals with intellectual or developmental disabilities.
- OAR chapter 411, division 450 about community living supports. The rules in OAR chapter 411, division 450 prescribe standards, responsibilities, and procedures for the delivery of community living supports. Community living supports are intended to permit individuals to live independently in a home and community-based setting.
ODDS needs to update the rules in OAR chapter 411, divisions 415 and 450 to begin using the Oregon Needs Assessment (ONA) as the universal assessment tool to determine the amount of hourly attendant care (also known as in-home hours) available to individuals receiving community living supports in their own home or family home. The ONA is replacing the Adult Needs Assessment (ANA) and Child Needs Assessment (CNA).
Starting with 2024 Individual Support Plans (ISP), an individual who has a completed ONA will be assigned to a service group for the purpose of determining their service level. The service level indicates the range of hours an individual may use for community living supports. Service groups are based on an individual’s age and the amount of help needed. An individual may request an exception to the service level, for a staff ratio greater than 1:1, or when an individual’s service needs are not being met. Full transition to using the ONA will be completed in 2025. Until then, no one will receive fewer hours than they have now according to their ANA or CNA.
ODDS NOTICE OF PROPOSED RULEMAKING
Please see the attached ODDS Notice of Proposed Rulemaking for:
- A summary of the proposed changes for each rule.
- Statements describing the need for the rulemaking and the racial equity and fiscal impact of the proposed rule changes.
- Rule text showing the proposed changes.
The ODDS Notice is also posted at:
https://www.oregon.gov/odhs/rules-policy/oddsrulesdocs/notice-411-ona-cls.pdf
The information in the ODDS Notice has been filed with the Secretary of State and is available at:
https://secure.sos.state.or.us/oard/viewRedlinePDF.action?filingRsn=55474
PUBLIC COMMENT
Anyone may submit comments on the proposed rule changes by providing written comments and/or attending the rule hearing. All comments will be given equal consideration before ODDS proceeds with permanent rulemaking.
WRITTEN COMMENTS: Written comments may be sent by email to ODDS.Rules@odhs.oregon.gov or mailed to ODDS Rules, 500 Summer Street NE, E-09, Salem, Oregon, 97301-1073.
COMMENT DEADLINE: Written comments must be received by 11:00 p.m. on December 1, 2023.
RULE HEARING: A rule hearing is an opportunity for people to provide comments about the proposed rule changes. Questions about the rule content or other developmental disabilities services are not answered during a rule hearing.
ODDS is holding a rule hearing on November 29, 2023 at 2 p.m. by Zoom.
If you wish to attend the rule hearing, please register at the link below and join no later than 15 minutes after the hearing has started:
https://www.zoomgov.com/meeting/register/vJIsdemhpjktGItFcsqoFZRQ7qW5FCCsQPo
You may also join by phone (audio only) by calling 1-669-254-5252. The passcode is 161 209 8272#.
If you have questions about the rule content or other developmental disabilities services or need help registering for the rule hearing, please email mike.r.parr@odhs.oregon.gov or call 503-508-4003.
LANGUAGE ACCESS AND ACCOMODATIONS
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For people who speak or use a language other than English, people with disabilities or people who need additional support, we can provide free help. Some examples:
- Sign language and spoken language interpreters
- Written materials in other languages
- Braille
- Real-time captioning (CART)
- Large print
- Audio and other formats
If you need accommodations, please email ODDS.Rules@odhs.oregon.gov or call 503-945-5811. We accept all relay calls.
More information about ODDS’ rules may be found at: https://www.oregon.gov/odhs/rules-policy/pages/odds-rules.aspx