OAR 309-040-0307: Required Home-like Qualities

(1) Each AFH must have all of the following: (a) The home must be integrated in and supports the same degree of access to the greater community as people not receiving HCBS, including opportunities for a resident to: (A) Seek employment and work in competitive integrated employment settings; (B) Engage in greater community life; (C) Control personal resources; and (D) Receive services in the greater community. (b) The resident or designated representative selects the AFH from among available setting options, including non-disability specific settings and an option for a private unit in a residential setting. The setting options must be: (A) Identified and documented in the resident’s person-centered service plan; (B) Based on the resident’s needs and preferences; and (C) Based on the resident’s available resources for room and board. (c) The AFH must ensure resident’s rights as described in ORS 443.739, including but not limited to rights of privacy, dignity, respect, and freedom from coercion and restraint; (d) The AFH must promote, but not require, resident initiative, autonomy, self-direction, and independence in making life choices including but not limited to daily activities, physical environment, and with whom to interact; (e) The AFH must facilitate resident choice regarding services and supports and who provides the services and supports. (f) The AFH must make available at least six hours of activities each week which are of interest to and selected by the residents, not including television or movies, as described in ORS 443.738. Activities must be oriented to individual preferences as indicated in the resident’s person centered service plan. Documentation of the activities offered to each resident, the resident’s engagement in those activities, and the reasons the resident did not engage in those activities must be recorded in the individual resident’s record. Resident progress notes must reflect staff efforts to engage residents, such as surveying their interests, during times of non-engagement in activities being made available. (2) The provider must maintain the AFH as follows: (a) The home must be physically accessible to each resident; (b) The provider must provide the resident with a unit of specific physical place that the resident may occupy under a legally enforceable residency agreement; (c) The provider must provide and include in the residency agreement that the resident has, at a minimum, the responsibilities and protections from an involuntary transfer or discharge as described in ORS 443.738(7), (8), (11), (12), and (13). (d) The provider must ensure that each resident has privacy in their own unit; (e) The provider must maintain units with entrance doors lockable by the resident and ensure that only the resident, the resident’s roommate, and only appropriate staff, as identified in the resident’s person-centered service plan, have keys to access the unit; (f) The provider must ensure that residents sharing units have a choice of roommates; (g) The provider must provide that resident’s have the freedom to decorate and furnish their unit as agreed to within the Residency Agreement; (h) The provider must permit each resident to have visitors of their choosing at any time; (i) The provider must ensure each resident has the freedom and support to control their own schedule and activities; (j) The provider must ensure each resident has the freedom and support to have access to a variety of food, condiments, snacks, and means of cooking/preparing food at any time, unless an individually based limitation applies. Providers may not restrict where food/beverages are consumed. (3) When a provider is unable to ensure the qualities as outlined in section (2)(d) through (2)(j) of this rule due to threats to the health and safety of the resident or others, the provider may seek an individually based limitation with the resident’s consent through the process outlined in OAR 309-040-0393. The provider may not apply an individually based limitation until the limitation is approved and documented as required by OAR 309-040-0393.