427.181 Department of Human Services to contract with endorsed organizations providing agency with choice services; minimum qualifications; rules
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427.181 Department of Human Services to contract with endorsed organizations providing agency with choice services; minimum qualifications; rules.
(1)As used in this section and ORS 410.855:
(a)“Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regarding what services are needed, including by providing:
(A)Training, coaching and other forms of support to the individual on:
(i)Self-direction; and
(ii)The roles and responsibilities of the individual and the agency with choice services provider;
(B)Training, coaching and other forms of support to the individual in the overall management of staff providing direct support services to the individual, including in the recruitment, hiring, scheduling and training of staff, performance assessments of staff and dismissal of staff; and
(C)Other administrative and employment-related supports.
(b)“Individual” means a child or adult with an intellectual or developmental disability who receives in-home services and supports through the Department of Human Services.
(2)The department shall contract with one or more endorsed organizations to deliver agency with choice services as a community-based services option under ORS 427.007 (1)(d).
(3)The department shall adopt by rule minimum qualifications for agencies to be endorsed by the department to deliver agency with choice services.
(4)Minimum qualifications for agencies endorsed to deliver agency with choice services include, but are not limited to:
(a)The ability to provide support for individuals in directing the individual’s direct support worker and the day-to-day services of the direct support worker;
(b)A commitment to work with a broad coalition of stakeholders in an effort to understand the changing needs of the workforce and of individuals’ needs, rights and preferences; and
(c)The ability to meet the state’s interest in preventing or mitigating disruptions to individuals’ in-home services and supports.
(5)The department may not endorse an agency to provide agency with choice services if the owner of the agency or an executive officer of the agency has been convicted of Medicaid fraud in any state within the 25-year period prior to the certification.
(6)For the purpose of monitoring and evaluating workforce capacity and trends, an agency endorsed to provide agency with choice services must annually provide to the department in the manner and at intervals specified by the department by rule:
(a)A list of direct support workers for which the agency billed the department for services provided through the agency with choice model;
(b)The zip codes where the direct support workers provided services; and
(c)Verification of the completion of training required for each direct support worker. [2022 c.91 §1; 2023 c.568 §1; 2024 c.92 §3]
Note: 427.181 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 2, chapter 568, Oregon Laws 2023, provides:
Sec. 2. The Department of Human Services shall contract with at least one organization to deliver agency with choice services under ORS 427.181 no later than January 1, 2026. [2023 c.568 §2; 2024 c.92 §4]