Oregon DHS - ODDS Notice of Proposed Rulemaking (COVID-19 and Civil Penalties)

Due to the Coronavirus (COVID-19) state of emergency, the Oregon Department of Human Services (ODHS), Office of Developmental Disabilities Services (ODDS) implemented the following temporary rule changes on July 23, 2020:

• OAR 411-323-0075 about Agency Civil Penalties was adopted to allow ODDS to impose a civil penalty according to ORS 427.900 on an agency for a violation of OAR 411-323-0050(9) which requires the agency to implement all directives related to staffing and operation of the agency to reduce the spread of COVID-19.
• OAR 411-346-0190 about Child Foster Home Standards and Practices for Care and Services was amended to require a foster provider to implement all directives related to a child foster home to reduce the spread of COVID-19.
• OAR 411-346-0220 about Child Foster Home Conditions, Denial, Suspension, Revocation, Refusal to Renew, and Civil Penalties was amended to allow ODDS to impose a civil penalty according to ORS 427.900 on a foster provider for a violation of OAR 411-346-0190(19) which requires the foster provider to implement all directives related to a child foster home to reduce the spread of COVID-19.
• OAR 411-360-0140 about Adult Foster Home Standards and Practices for Health Care was amended to require a provider to implement all directives related to an adult foster home to reduce the spread of COVID-19. ODDS may impose a civil penalty according to OAR 411-360-0260 for a violation of OAR 411-360-0140.

ODDS is now proposing to make the temporary rule changes permanent.

 

In addition, other changes may be made to correct grammatical errors, ensure consistent terminology, address issues identified during the public comment period, and improve the accuracy, structure, and clarity of the rules.

 

The notice is posted at:

https://www.oregon.gov/dhs/SENIORS-DISABILITIES/DD/ODDSRules/Notice-Civil-Penalties.pdf

 

A public hearing regarding the proposed rulemaking is scheduled for December 14, 2020 at 11:00 a.m. The public hearing will be conducted by phone only. The public is welcome to participate and provide comments by calling 1-971-673-8888 and entering 42696017#.

 

Written comments may also be submitted prior to the public hearing until December 22, 2020 at 5:00 p.m. Written comments may be submitted by e-mail to christina.hartman@dhsoha.state.or.us or mailed to 500 Summer Street NE, E-09, Salem, Oregon, 97301-1073. All comments received will be given equal consideration before ODDS proceeds with permanent rulemaking.

 

Everyone has a right to know about and use ODHS programs and services. ODHS provides free help. Some examples of the free help ODHS can provide are sign language and spoken language interpreters, written materials in other languages, braille, large print, audio, and other formats. If you need help or have questions, please contact Christina Hartman at 971-413-4225, 711 TTY, christina.hartman@dhsoha.state.or.us. If you need accommodations to participate in the public hearing, please request accommodations by December 7, 2020.