Or. Admin. Code § 411-032-0005 - Administration
(1) Advisory
Council: Each area agency will show evidence that the advisory council of the
area agency, and the community were involved in the identification of need,
selection of services to be offered, and the development of the Area
Plan.
(2) Area Plan:
(a) Each area agency will submit an Area Plan
by a date specified and on forms provided by the Department.
(b) The Area Plan must, at a minimum,
contain:
(A) The types and amounts of
authorized services to be offered;
(B) The costs of these services;
(C) How the agency will ensure timely
response to inquiries for service;
(D) How individuals will receive initial and
ongoing periodic screening for other community services, including
Medicaid;
(E) How eligibility will
be determined;
(F) How the services
will be provided;
(G) The agency
policy for prioritizing OPI service delivery;
(H) The agency policy for denial, reduction
or termination of services;
(I) The
agency policy for informing individuals of their right to grieve adverse
eligibility, service determination decisions, and consumer
complaints;
(J) How fees for
services will be developed, billed, collected and utilized;
(K) The agency policy for addressing
individual non-payment of fees, including when exceptions will be made for
repayment and when fees will be waived;
(L) How service providers will be monitored
and evaluated; and
(M) Conflict of
interest policy for any direct provision of services for which a fee is
set.
(3)
Contracts:
(a) Contracts between the
Department and Area Agencies on Aging for Oregon Project Independence will be
effective each year on July 1, unless otherwise agreed to by the Department.
These contracts will be based on the Area Plan and must, at a minimum, contain:
(A) A budget showing the amounts of Oregon
Project Independence funds;
(B) The
types of authorized services to be offered;
(C) The stipulation that contracted
authorized services will be in accordance with the standards and requirements
provided in these rules, and in accordance with the In-Home Services Rules (OAR
chapter 411, divisions 030 and 031 and the Service Priority Rules OAR 411
division 015), and, if applicable, in accordance with the Home Health Agencies
Rules (OAR chapter 333, division 027);
(D) The stipulation that required data will
be gathered, reported and monitored in accordance with these rules and the
Department;
(E) A section
pertaining to general provisions as required by the Department of
Administrative Services;
(F) A
provision that area agencies will submit service provider contracts and
amendments to the department upon request from the Department; and
(G) Fee for service schedules developed in
accordance with these rules, including fee-based case management when this
service is offered
(b)
Contracts between Area Agencies on Aging and service providers will be signed
and kept on file by the area agencies for not less than three years for all
services funded through Oregon Project Independence. The contracts must, at a
minimum, contain:
(A) A budget or a maximum
amount of Oregon Project Independence funds, as well as all other resources
devoted to Oregon Project Independence under the contract;
(B) The types and amounts of authorized
services to be offered and the rate per unit for each authorized
service;
(C) The stipulation that
authorized services will be offered in accordance with the standards and
requirements provided in these rules, and in accordance with the In-Home
Services Rules, OAR chapter 411, divisions-030 and 31 and the Service Priority
Rules, OAR chapter 411 division 015, and, if applicable, in accordance with the
Home Health Agencies Rules, OAR chapter 333, division 027;
(D) The stipulation that required data will
be gathered and reported in accordance with these rules and the Department;
and
(E) A section pertaining to
general provisions as required by the Department of Administrative
Services.
(c) All
contracts as described in this rule can be amended with the consent of both
parties.
(d) All contracts as
described in this rule will contain provisions for cancellation of the contract
for non-performance and violation of the terms of the contract.
(4) Personnel Practices and
Procedures:
(a) Each area agency and service
provider will maintain written personnel policies.
(b) The personnel policies will contain all
items required by state and federal laws and regulations, including such items
as:
(A) An affirmative action plan;
and
(B) Evidence that the area
agency and service provider are equal opportunity employers.
(C) Each area agency and service provider
will maintain a personnel record on each employee.
(5) Non-Compliance:
(a) Non-compliance to these rules, except in
those cases where an exception or variance has been granted by the Department
may result in a reduction or termination of Oregon Project Independence
funding;
(b) The determination of
the amount of reduced funding will be made by the administrator of the
Department;
(c) Any funds that are
either reduced or terminated from a funding grant will be reserved by the
Department for redistribution at its discretion. At the end of the biennium,
unexpended funds will be returned to the OPI Fund.
Notes
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 410.420, 410.450 & 410.460
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