Bill Text: OR SB564 | 2013 | Regular Session | Introduced

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Bill Title: Relating to developmental disability services; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB564 Detail]

Download: Oregon-2013-SB564-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2145

                         Senate Bill 564

Sponsored by Senator DEVLIN, Representative BUCKLEY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Gives adult with developmental disability receiving support
services for adults option to remain in home placement as long as
home placement is less costly than residential care facility.
Requires Department of Human Services to take into account cost
of providing all services required by individualized written
service plan in determining cost of placement.
  Requires department to assist individual in creating
contingency plan for long term care and services.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to developmental disability services; amending ORS
  427.400 and 427.402; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 427.400 is amended to read:
  427.400. As used in this section and ORS 427.402 and 427.410:
  (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 - }  { +  24-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
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)(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) '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) 'Support service brokerage' means an entity that contracts
with the department to provide or to arrange for support services
for adults.
  (12) '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 { +  in order to
maintain an individual in the individual's own home or the home
of the individual's family + }.
  SECTION 2. 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
written service plan that is developed and reassessed at least
annually using a person-centered planning process. - }
   { +  (2) Using a person-centered planning process, the
department shall develop and reassess at least annually:
  (a) An individualized written service plan identifying the
support services for adults to be provided by a support service
brokerage; and
  (b) A plan for long term care and services in the event that a
change in provider, residence or the individual's needs dictates
a transition from the current plan or placement. + }
  (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) An individual may choose to continue to receive
support services for adults instead of comprehensive services if
the cost to provide support services for adults is less than the
cost of appropriate comprehensive services. In determining the
cost of the support services for adults, the department must take
into account the cost of providing all of the services required
by the individualized written service plan. + }
  SECTION 3.  { + 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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