Advisory

APD Rules Advisory Committee Rules and associated documents

  
  
  
Description
Documents
8/19/2019Adult Day Services Rules 411-066Draft
The purpose of this committe is to review proposed language changes in chapter 411, division 066.
6/22/2019OAR Chapter 461 June 2019 RAC documents
The Department of Human Services (DHS), Aging and People with Disabilities (APD) had an email Rule Advisory Committee (RAC) for changes to the following Oregon Administrative Rules (OAR) in Chapter 461:
• 461-115-0050 When an Application Must Be Filed
• 461-115-0070 Who Must Sign the Application and Complete the Application Process
• 461-115-0230 Interviews
• 461-140-0020 Availability of Resources
• 461-145-0130 Earned Income; Treatment
o This amendment was also brought to the Self Sufficiency Rule Advisory Committee as the change was initiated by the SNAP policy group. 
• 461-170-0011 Changes That Must Be Reported
Background/Summary of changes:
The attached Statements of Need and Fiscal Impact document will provide information about the proposed changes including the need for the change and the expected fiscal impact.

UPDATE:
After receiving additional information from the Integrated Eligibility team, we discovered that additional adjustments were needed to two of the rules sent to you yesterday.  The documents attached replace the previous versions of the following OARs:
 
•461-115-0071 Who Must Sign the Application and Complete the Application Process
◦The previous email may have referred to 461-115-0070, which was a typographical error
•461-115-0230 Interviews
 
Please disregard the previous versions of those two rules.

Background/Summary of changes:
The Statements of Need and Fiscal Impact document will provide information about the proposed changes including the need for the change and the expected fiscal impact.
4/25/2019Extended Waiver Eligibilty ExpansionTemporary
APD updated OARs to more clearly define a nursing facility level of care and in doing so also created a new services for individuals who were previously determined eligible for services no longer meet LTC criteria, and are risk of being hospitalized or institutionalized within 30 days of services being closed. The rule previously allowed individuals being re-assessed and determined to meet SPL criteria for only 14 – 17 may be allowed to continue receiving a LTC benefit.

After program analysis it was determined that APD could expand EWE to also include individuals assessed as SPL 18.
3/29/2019OAR Chapter 461 Rule Advisory Committee March 2019Draft
​Rule Division subject to Rule Advisory Committee (RAC) review:

The Department of Human Services (DHS), Aging and People with Disabilities (APD) is announcing a proposed email Rule Advisory Committee (RAC) for changes to the following Oregon Administrative Rules (OAR) in Chapter 410 and 461:
•*Amendments related to expedited hearings:
◦410-200-0145 Contested Case Hearings
◦410-200-0146 Final Orders, Dismissals and Withdrawals
◦461-025-0315 Expedited Hearings
•461-115-0430 Periodic Redeterminations; Not EA, ERDC, SNAP, or TA-DVS
•461-135-0750 Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care
•461-135-0845 Valuation of Life Estate, Transfer on Death Deeds, Reversionary Interest and Property
•461-140-0220 Determining if a Transfer of an Asset is Disqualifying
•461-145-0210 Gifts and Winnings
•461-145-0440 Reimbursement
•*Amendments related to medical costs allowed in the post-eligibility treatment of income:
◦461-160-0030 Overview of Costs
◦461-180-0020 Effective Dates; Changes in Income or Income Deductions That Cause Increases
•461-180-0040 Effective Dates; Special Needs and Services
* These changes are related and combined on one document.
 
Background/Summary of changes:
The attached Statements of Need and Fiscal Impact document will provide information about the proposed changes including the need for the change and the expected fiscal impact. Please respond (reply all) if you anticipate or disagree with the proposed fiscal impact and let the Department know what impact you feel these changes may cause your agency or company, for example small businesses.
3/27/2019RAC to Amend and Restructure Adult Foster Home RulesDraft
The Department of Human Services will be holding a RAC to discuss changes to the Adult Foster Home (AFH) Rules, OAR chapter 411, division 50.  Changes will include streamlining language, amending and clarifying rules, and restructuring division 50 to incorporate additional divisions.

The Departmentis proposing that current AFH rules in OAR Chapter 411, division 50 become four distinct divisions that will address the major areas of rule as follows:
•Chapter 411, division 49 Licensure
•Chapter 411, division 50 Standards of Operation
•Chapter 411, division 51 Standards of Care
•Chapter 411, division 52 Complaints, Investigations, and Sanctions
3/27/2019SB 1534 Rule Advisory Committee and other Oregon Home Care Commission Rule UpdatesDraft
​The Department of Human Services (DHS), Oregon Home Care Commission (OHCC), Aging and People with Disabilities (APD), and the Office of Developmental Disabilities Services (ODDS) are coordinating Rule Advisory Committee (RAC) sessions to discuss changes to rules as a result of the passage of Senate Bill 1534.  The following rules will be reviewed:

•OAR chapter 418, division 20 – Oregon Home Care Commission Functions
•OAR chapter 411, division – Homecare Workers Enrolled in the Consumer-Employed Provider Program
•OAR chapter 411, division 34 - State Plan Personal Care Services
•OAR chapter 411, division 375 – Independent Providers Delivering Developmental Disabilities Services
Senate Bill 1534, passed during the 2018 Legislative Session, sets new standards for homecare and personal support workers, namely mandatory training and testing.  This changes the minimum qualifications an individual must meet to be a Medicaid enrolled homecare or personal support worker.
 
To learn more about the SB 1534 and the work that has been done thus far, please visit the Oregon Home Care Commission’s website at:
https://www.oregon.gov/DHS/SENIORS-DISABILITIES/HCC/Pages/Senate-Bill-1534-Updates.aspx
1/22/2019HB 3262 RAC DocumentsDraft
Rules based on HB 3262 are being drafted to address the concerns regarding the use of psychotropic medication in LTC settings. These rule changes will impact community-based care facilities and adult foster homes.
1/9/2019K-State Plan Ancillary Services Rule Advisory CommitteeDraft
The Department of Human Services (DHS), Aging and People with Disabilities (APD) is announcing a proposed email Rule Advisory Committee (RAC) for minor changes to Oregon Administrative Rules (OAR) in Chapter 411 Division 035, K-State Plan Ancillary Services. These rules include eligibility for the various K-State Plan Ancillary Services, provider qualifications for each Ancillary Service and the rules for each eligible service.

A summary of the changes includes:
•Requirement of a completed service assessment no more than six months old.
•Number of bid requirements.
•Additions for what repairs may include.
•Emergency Response System (ERS) eligibility information added.
•Clarification of the local office limit for approvals of Assistive Technology.
•Requirement for delivery providers to ensure product is functioning properly and fits the consumer.
•Additions of what Chore Services does not include.
•Additional requirement that providers must supply a revised bid when requested.
•Modification of the Environmental Modification limit from $5,000 to $10,000.
•Additions of exclusions for Environmental Modifications.
•Requirement for providers to include drawings or pictures when possible with bids for Environmental Modifications.
The state does not anticipate a fiscal impact as these requests are already being submitted and reviewed. The changes and additions are meant to enhance existing rule to better support approvals and denials.
12/18/2018411-050 Rule Language Clarifications for APD Adult Foster Home rulesDraft
APD filed temporary rules in OAR chapter 411, division 50 to: clarify the required dementia training needs to be approved by the Department; allow for late submission of renewal applications; and remove the requirement a smoke alarm must be installed in an interior designated smoking area. The RAC is being held to make the changes permanent.
12/6/2018461 Email RAC December 2018Draft
The Department of Human Services (DHS), Aging and People with Disabilities (APD) is announcing a proposed email Rule Advisory Committee (RAC) for changes to the following Oregon Administrative Rules (OAR) in Chapter 461:

•461-001-0000 Definitions for Chapter 461
•461-115-0230 Interviews
•461-135-0950 Eligibility for Inmates and Residents of Public Institutions
•461-140-0220 Determining if a Transfer of an Asset is Disqualifying
•461-145-0020 Annuities
•461-145-0025 Approved Accounts
•461-145-0390 Personal Belongings
•461-145-0440 Reimbursement
•461-155-0670 Special Diet Allowance
•461-160-0030 Overview of Costs
•461-160-0630 Deduction for Maintaining a Home NFC Client
•461-160-0855 Excluded Resources for Payments Received Under a Qualified Partnership Policy; OSIPM
•461-165-0200 Restoring Benefits
•461-180-0060 Effective Dates Denial of Benefits
11/19/2018Intensive Intervention Communities (IIC) RAC MaterialsDraft
A new RCF license type will be designed to create small RCFs (with fewer than 6 residents) to serve residents with high emotional and mental health needs.
10/4/2018RAC on Adult Protective Service Rules to implement the Centralized Abuse Management (CAM) SystemDraft

The Department of Human Services, Aging and People with Disabilities Program is having a RAC to discuss the temporary rule changes to the Adult Protective Service rules that were filed on on July 1, 2018 to implement the new Centralized Abuse Management System. The changes did the following:
•Changed the terminology for parties involved in Adult Protective Services;
•Provided a new type of case closure (Administrative Closure) that allows certain open investigations to be closed administratively with no abuse determination;
•Revised the definition of APS Risk Management to allow for intakes to be assigned for APS Risk Management without having to be assigned for investigation.
•Eliminated the definition of “Wrongdoing,” clarifying that APS investigations in licensed facilities will occur only when the reported concerns meet the definition of abuse as defined in the rules.
•Made other housekeeping and wording changes to the rules for clarity and consistency, and to align the rules with current Department terminology and practice.
10/2/2018Ventilator Assisted Program (VAP) RulesDraft
The Department of Human Services, Aging and People with Disabilities Program was tasked to develop a plan to increase access to ventilator assisted services in nursing facilities.   As such, the Department needs to amendand adopt rules in OAR chapter 411, division 70, regarding Nursing Facilities Medicaid Reimbursement, and the Department also needs to adopt new Nursing Facility licensing rules for the VAP in OAR chapter 411, division 90.
8/15/2018411-058 Civil Penalty Rule Advisory CommitteeDraft
Following the implementation of our administrative rules for HB 2661 (411-058), the Department is holding a RAC to work on the civil penalties rules.
7/25/2018In-Home Service and Medicaid long-term care eligibility RACApproved
RAC to discuss amendments to the rules in OAR chapter 411, division 015 and 030. Details will be sent out closer to the time of the RAC. See RAC Announcements for information on how to become a member of this RAC.
5/22/2018411-031 Homecare Workers enrolled in the consumer-employed provider programApproved
RAC to discuss amendments to the rules in OAR chapter 411, division 031 relating to Homecare workers enrolled in the consumer-employed provider program.
4/25/2018HB 4162Approved
APD is holding a RAC and implementing rules changes that are very technical in nature and focused on implementing the statutory provisions resulting from HB4162 (2018). The affected rules will be in OAR 411, Divisions 069 and 070 for:
 
-Nursing facility reimbursement and
-Nursing facility long term care assessment (provider tax).
12/13/2017HB 2661 RAC Meeting MaterialsApproved
HB 2661 RAC Materials
12/4/2017HB 3359 MEGA Rule Advisory Committee (RAC) meetingApproved
The RAC meeting will explain the rule changes for all of the HB 3359 topics.  We will describe the set of rules that have been amended for each topic and offer the opportunity for comments. This is a lot to get through, but we are optimistic that we can all pull it off!



If you have already provided written comments on any RAC topic by email, you do not need to provide those comments a second time.  Your comments will already have been considered and incorporated, as appropriate.
 
Note: The adult foster homes RAC participants have already had a second meeting to discuss the rule changes involving AFHs, so the rule changes specific to AFHs will not be addressed in this MEGA RAC.
12/1/2017HB 3370 Rules Advisory Committee​Approved
HB 3370 passed during the Legislative Session.  The bill requires the Department of Human Services to register certain housing with services projects.

The bill authorizes, but does not explicitly require, the Department to adopt rules.  We believe it is prudent to adopt rules that provide clarity on which projects need to register with the Department.  Please note that registered projects will not be regulated. 
11/17/2017Quality Measures Rule Advisory CommitteeApproved
A quality metrics program will be developed to measure RCF and ALF facility performance on an annual basis.  A “Quality Measurement Council” appointed by the Governor will be established to develop the metrics.  An acuity-based staffing tool will be available for facilities to use.  Please note that this meeting will likely be short, given that we have only begun to design this new program.
11/16/2017Corrective Action RAC MeetingApproved
Several corrective action processes will be amended, and an “Enhanced Oversight” program will be created for RCFs, ALFs, and NFs that are consistently out of substantial compliance with applicable licensing rules.
11/8/2017Conversion Facility RAC MaterialsApproved
A new "conversion facility" license will be created to allow nursing facilities to "convert" from NFs to RCFs.
11/3/2017411-050 APD Adult Foster HomesApproved
411-050 APD Adult Foster Home RAC Materials
11/2/2017HB 3262 Meeting MaterialsApproved
The Oregon legislature recently passed legislation to limit the adverse side effects of psychotropic medications on elderly persons living in long term care facilities, and to ensure that psychotropic medication is prescribed in the lowest possible effective dose. 

HB 3262 was designed to ensure primary care providers (PCPs) are aware of any psychotropic medications prescribed to residents in their care. The bill outlines a process for informing a PCP if another medical provider prescribes a psychotropic medication to a resident under the PCP’s care.

The bill required the Department of Human Services (DHS) convene an advisory committee comprised of stakeholders, and representatives of DHS, the State Board of Pharmacy, the Oregon Medical Board, the Oregon State Board of Nursing, and the Long Term Care Ombudsman.  This committee was directed to review the bill, and make recommendations to the Legislative Assembly no later than December 31, 2017.
11/2/2017Licensing RAC Meeting MaterialsApproved
Facility licensing and penalty fees will be increased, effective January 1, 2018.  By July 1, 2019, administrators of RCFs and AFHs will be required to obtain a license through an independent licensing board.
10/30/2017Dementia Training RAC and Rule MaterialsApproved
All direct care staff in RCFs, ALFs, and AFHs will soon be required to complete specified dementia care training with identified topics.
10/20/2017APD Service RAC Rule DocumentsApproved
A Rule Advisory Committee (RAC) was held in October to go over policy changes to prepare for permanent rulemaking. An additional RAC is being held in November to go through the rest of the rule changes filed as temporary rules on October 1, 2017.

The October RAC covered the following rules:

OAR 411-015:  Long-Term Care Service Priorities for Individuals Served
-The RAC discussed the Extended Waiver Eligibility section of the Rules.  All other sections were fully vetted through previous RACs.

OAR 411-027:  Payment Limitations In Home and Community-Based Services
-The RAC reviewed all changes to this rule.
​​
​​