Bill Text: OR SB640 | 2013 | Regular Session | Enrolled
Bill Title: Relating to services provided to adults with developmental disabilities; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-07-03 - Effective date, July 1, 2013. [SB640 Detail]
Download: Oregon-2013-SB640-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 640
Sponsored by Senator DEVLIN, Representative BUCKLEY
CHAPTER ................
AN ACT
Relating to services provided to adults with developmental
disabilities; creating new provisions; amending ORS 427.400;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 427. + }
SECTION 2. { + (1) The Department of Human Services or its
designee shall assess the support needs for each adult with a
developmental disability who is receiving comprehensive services
that include 24-hour residential care and shall determine a
service rate that is sufficient to meet the support needs of the
adult. 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
adult receiving comprehensive services and the adult's service
provider and, if appropriate, to the adult's service coordinator,
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.
(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
adult receiving comprehensive services or the adult's service
provider, service coordinator, guardian, primary caregiver,
family member or legal representative makes a request, based on
significant changes to the adult'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. + }
SECTION 3. ORS 427.400 is amended to read:
427.400. As used in this section and ORS 427.402 and 427.410
{ + and section 2 of this 2013 Act + }:
Enrolled Senate Bill 640 (SB 640-A) Page 1
(1) 'Adult' means an individual who is 18 years of age or
older.
(2) 'Community living and inclusion supports' means services
that may or may not be work-related and includes services
designed to develop or maintain the individual's skills in the
following areas:
(a) Eating, bathing, dressing, personal hygiene, mobility and
other personal needs;
(b) Self-awareness and self-control, social responsiveness,
social amenities, interpersonal skills, interpersonal
relationships and social connections;
(c) Community participation, recreation and the ability to use
available community services, facilities or businesses;
(d) Expressive and receptive skills in verbal and nonverbal
language, the functional application of acquired reading and
writing skills and other communication needs; and
(e) Planning and preparing meals, budgeting, laundering,
housecleaning and other personal environmental needs.
(3) 'Comprehensive services' means a package of services, other
than support services for adults, that is provided by or under
the direction of a community developmental disabilities program
and that includes at least one of the following living
arrangements licensed or regulated by the Department of Human
Services:
(a) Twenty-four-hour residential care, including but not
limited to a group home, a foster home or a supported living
program.
(b) Assistance provided to maintain an individual in the
individual's own home or the home of the individual's family and
that costs more than an amount specified by the department by
rule.
(4) 'Employment services' means services provided to develop or
maintain the skills necessary for an individual to obtain and
retain employment, including job assessment, job exploration, job
development, job training, job coaching, work skills, and ongoing
supports.
(5) 'Environmental accessibility adaptations' means physical
modifications to an individual's home that are necessary to
ensure the health, welfare and safety of the individual in the
home, or that enable the individual to function with greater
independence in the home.
(6) 'Individualized written service plan' means a plan
described in ORS 430.210 (1)(a), (b) and (c) that identifies the
resources, services and purchases necessary for an individual
with a developmental disability to achieve identified personal
goals and maximize self-determination.
(7) 'Person-centered planning' means an informal or formal
process for gathering and organizing information that helps an
individual to:
(a) Enhance self-determination by choosing personal goals and
lifestyle preferences;
(b) Design strategies and networks of support to achieve
personal goals and a preferred lifestyle using individual
strengths, relationships and resources; and
(c) Identify, use and strengthen naturally occurring
opportunities for support in the home and in the community.
(8) 'Self-determination' means empowering individuals to:
(a) Select and plan, together with freely-chosen family members
and friends, the support services for adults that are necessary
Enrolled Senate Bill 640 (SB 640-A) Page 2
instead of purchasing a predefined program or package of
services;
(b) Control the expenditure of available financial assistance
in order to purchase support services for adults, with the help
of a social support network if needed;
(c) Live an autonomous life in the community, rich in community
affiliations, through formal or informal arrangements of
resources and personnel; and
(d) Have a valued role in the community through competitive
employment, organizational affiliations, personal development and
general caring for others in the community, and to be accountable
for spending public dollars in ways that are life-enhancing for
the individual.
{ + (9) 'Service provider' means any person who is paid a
service rate by the department to provide one or more of the
services identified in the individualized written service plan of
an adult with a developmental disability regardless of where the
service is provided.
(10) 'Service rate' means the amount of reimbursement paid to a
service provider to care for an adult with a developmental
disability. + }
{ - (9)(a) - } { + (11)(a) + } 'Specialized medical
equipment and supplies' means:
(A) Devices, aids, controls, supplies or appliances that enable
individuals:
(i) To increase their ability to perform activities of daily
living; or
(ii) To perceive, control or communicate with the environment
in which they live;
(B) Items necessary for life support, including ancillary
supplies and equipment necessary to the proper functioning of
these items; and
(C) Medical equipment not available in the medical assistance
program.
(b) 'Specialized medical equipment and supplies' does not
include items that have no direct medical or remedial benefit to
the individual.
{ - (10) - } { + (12) + } 'Specialized supports' means
treatment, training, consultation or other unique services that
are not available through the medical assistance program but are
necessary to achieve the goals identified in the individualized
written service plan, or other support services for adults
prescribed by the department by rule.
{ - (11) - } { + (13) + } 'Support service brokerage' means
an entity that contracts with the department to provide or to
arrange for support services for adults.
{ - (12) - } { + (14) + } 'Support services for adults'
means the services for adults with developmental disabilities
provided by a support service brokerage under ORS 427.402 and
427.410.
SECTION 4. { + (1) Section 2 of this 2013 Act becomes
operative March 1, 2014.
(2) The Department of Human Services may take any action before
March 1, 2014, that is necessary to carry out section 2 of this
2013 Act on March 1, 2014. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
Enrolled Senate Bill 640 (SB 640-A) Page 3
Passed by Senate June 19, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 24, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 640 (SB 640-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 640 (SB 640-A) Page 5
