ODDS Notice of Proposed Rulemaking (Parent Providers - COVID-19)

Oregon Department of Human Services sent this bulletin at 04/05/2021 04:26 PM PDT

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Due to the Coronavirus (COVID-19) state of emergency, the Oregon Department of Human Services (ODHS), Office of Developmental Disabilities Services (ODDS) filed the following temporary rules relating to parent providers:

  • OAR 411-323-0075 about Civil Penalties was immediately amended on January 20, 2021 to let ODDS impose a civil penalty on a provider agency under ORS 427.900 for a violation of OAR 411-450-0080(26) that allows a provider agency to only employ a parent for the duration of the COVID-19 public health emergency to provide services as an employee of the agency to the parent's own child.
  • OAR 411-375-0020 about Qualifications, Exclusions, and Enrollment Responsibilities for Independent Providers was immediately amended on January 12, 2021 to allow the parent of a child to deliver services as the child's personal support worker for the duration of the COVID-19 public health emergency when the child meets certain enrollment or service level criteria.
  • OAR 411-450-0080 about Standards for Provider Agencies Delivering Community Living Supports was immediately amended on January 20, 2021 to allow a provider agency to only employ a parent of a minor child to provide services as an employee of the agency to the parent's own child for the duration of the COVID-19 public health emergency when the child meets certain enrollment or service level criteria. 

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

 

Other changes may be made to these rules 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-Parent-Providers.pdf

 

A public hearing regarding the proposed rulemaking is scheduled for May 24, 2021 at 11:30 a.m. The public hearing will be conducted by phone only. The public is welcome to participate and provide comments by calling 1-971-277-2343 and entering 855 283 84#.

 

Written comments may also be submitted prior to the public hearing until May 27, 2021 at 5:00 p.m. Written comments may be submitted by e-mail to christina.hartman@dhsoha.state.or.us. 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, real-time captioning, 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 May 17, 2021.