Bill Text: OR SB559 | 2013 | Regular Session | Enrolled

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Bill Title: Relating 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. [SB559 Detail]

Download: Oregon-2013-SB559-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 559

Sponsored by Senator DEVLIN, Representative BUCKLEY

                     CHAPTER ................

                             AN ACT

Relating to adults with developmental disabilities; creating new
  provisions; amending ORS 427.402; 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) As used in this section:
  (a) 'Adult' means an adult with developmental disabilities who
is eligible to receive comprehensive services as defined in ORS
427.400.
  (b) 'Residential setting' means a living arrangement described
in ORS 427.400 (3).
  (2) An adult has the right to choose the adult's placement
setting. The Department of Human Services or the department's
designee shall present to an adult at least three appropriate
placement setting options, including at least two different types
of residential settings, before:
  (a) Making an initial placement.
  (b) Transferring the adult from one placement setting to
another placement setting.
  (3) The department or the department's designee may not
transfer an adult from a placement setting without first
complying with subsection (2) of this section.
  (4) The department or the department's designee is not required
to present the options under subsection (2) of this section if:
  (a) The department or the department's designee demonstrates
that three appropriate placement settings or two different types
of residential settings are not available within the geographic
area where the adult wishes to reside;
  (b) The adult selects a placement setting option and waives the
right to be presented with the placement setting options
described in subsection (2) of this section; or
  (c) The adult is at imminent risk to health or safety in the
adult's current placement setting. + }
  SECTION 3. ORS 427.402 is amended to read:
  427.402. (1) Support services for adults are intended to meet
the needs of adults with developmental disabilities and to
prevent or delay their need for comprehensive services. The
Department of Human Services shall establish by rule the
application and eligibility determination processes for support
services for adults.
  (2) Support services for adults shall be provided through a
support service brokerage and pursuant to an individualized

Enrolled Senate Bill 559 (SB 559-A)                        Page 1

written service plan that is developed and reassessed at least
annually using a person-centered planning process.
  (3) The department shall ensure that each individual receiving
support services for adults has an active role in choosing the
services, activities and purchases that will best meet the
individual's needs and preferences and to express those choices
verbally, using sign language or by other appropriate methods of
communication.
  (4) The services, activities and purchases available as support
services for adults include, but are not limited to:
  (a) Community living and inclusion supports that facilitate
independence and promote community integration by supporting the
individual to live as independently as possible;
  (b) Employment services;
  (c) Environmental accessibility adaptations;
  (d) Specialized supports; and
  (e) Specialized medical equipment and supplies.
  (5) Support services for adults must complement the existing
formal and informal supports, services, activities and purchases
available to an adult living in the adult's own home or the home
of the adult's family.
  (6) The department shall ensure that each individual has the
opportunity to confirm satisfaction with the support services for
adults that the individual receives and to makes changes in the
services as necessary.
   { +  (7) The department shall ensure that all adults with
developmental disabilities receiving comprehensive services have
an equal opportunity for job placements. A provider of
developmental disability services that offers job placements may
not give preference to an adult with disabilities who is a
resident of a facility owned or operated by the provider when
determining eligibility for a job placement. The residence of an
adult with developmental disabilities may not be the exclusive
factor in determining eligibility for a job placement. + }
  SECTION 4.  { + 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. + }
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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 559 (SB 559-A)                        Page 2

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 559 (SB 559-A)                        Page 3