Statutes, codes, and regulations
Oregon Administrative Code
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 345 - EMPLOYMENT SERVICES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
Section 411-345-0027 - Eligibility for Employment Services

Or. Admin. Code § 411-345-0027

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Current through Register Vol. 63, No. 11, November 1, 2024
Section 411-345-0027 - Eligibility for Employment Services
(1) An individual may not be denied employment services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, source of income, duration of Oregon residence, or other protected classes under federal and Oregon Civil Rights laws.
(2) To be eligible for employment services, an individual must meet all of the following requirements:
(a) Be an Oregon resident who meets the residency requirements in OAR 461-120-0010.
(b) Be determined eligible for developmental disabilities services by the CDDP of the county of origin as described in OAR 411-320-0080.
(c) Meet the level of care as defined in OAR 411-317-0000.
(d) Be receiving:
(A) A Medicaid Title XIX benefit package through OSIPM or HSD medical programs; or
(B) A benefit package through the Healthier Oregon medical program.
(e) Be legally eligible to work in the United States.
(f) Have services under these rules authorized in an ISP by a case management entity.
(g) The individual's ISP must have an employment related goal as outlined in these rules and the case management rules in OAR chapter 411, division 415. An employment related goal means a goal related to obtaining, maintaining, or advancing in competitive integrated employment, or, at minimum, exploring competitive integrated employment.
(3) DEPARTMENT APPROVAL.
(a) Job coaching for individuals under the age of 16 must be approved by the Department.
(b) All other employment services for individuals under the age of 18 must be approved by the Department.
(c) The provider must retain documentation of the Department's approval.
(4) An individual receiving medical benefits under OAR chapter 410, division 200 requesting Medicaid coverage for services in a nonstandard living arrangement (see OAR 461-001-0000) is subject to the requirements of the rules regarding transfer of assets (see OAR 461-140-0210 through 461-140-0300) in the same manner as if the individual was requesting these services under OSIPM.
(a) This includes, but is not limited to, any of the following assets:
(A) An annuity evaluated according to OAR 461-145-0022.
(B) A transfer of property when an individual retains a life estate evaluated according to OAR 461-145-0310.
(C) A loan evaluated according to OAR 461-145-0330.
(D) An irrevocable trust evaluated according to OAR 461-145-0540.
(b) When an individual is considered ineligible due to a disqualifying transfer of assets, the individual must receive a notice meeting the requirements of OAR 461-175-0310 in the same manner as if the individual was requesting services under OSIPM.

Or. Admin. Code § 411-345-0027

APD 27-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 45-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 22-2016, f. & cert. ef. 6/29/2016; APD 33-2017, amend filed 12/29/2017, effective 1/1/2018; APD 45-2018, amend filed 12/28/2018, effective 12/28/2018; APD 34-2022, temporary amend filed 07/01/2022, effective 7/1/2022 through 12/27/2022; APD 53-2022, amend filed 12/14/2022, effective 12/15/2022

Statutory/Other Authority: ORS 409.050, 427.104, 427.154 & 430.662

Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 427.154, 430.610 & 430.662