OAR 309-040-0393: Individually-Based Limitations

(1) When the provider cannot meet the HCBS qualities described below due to a threat to the health and safety of a resident or others, the provider may seek to apply an individually based limitation through the process described in this rule. A provider must not otherwise limit HCBS qualities : (a) The freedom and support to access food at any time; (b) Have visitors of the resident’s choosing at any time; (c) Have a unit entrance door that is lockable by the resident with only appropriate program staff having access; (d) Choose a roommate when sharing a unit; (e) Furnish and decorate the resident’s unit as agreed to in the Residency Agreement; (f) The freedom and support to control the resident’s schedule and activities; and (g) Privacy in the resident’s unit. (2) The provider must demonstrate and document the individually-based limitation meets the elements described below in the person-centered service plan and the Division-approved consent form. The provider must submit and sign the consent form with the following: (a) The specific and individualized assessed need justifying the individually-based limitation; (b) The positive interventions and supports used prior to consideration or imposition of any individually-based limitation; (c) Documentation the provider or other entities have considered or evaluated the effectiveness of other less intrusive methods; ; (d) A clear description of the limitation that is directly proportionate to the specific assessed need; (e) Regular collection and review of data to measure the ongoing effectiveness of the individually-based limitation; (f) Established time limits for periodic reviews of the individually-based limitation to determine if the limitation should be terminated or remains necessary. The limitation must be reviewed at least annually; (g) The informed consent of the resident or the resident’s legal representative, including any discrepancy between the wishes of the resident and the consent of the legal representative, and that the resident has been notified they may request a review of the limitation or withdraw consent at any time; and (h) An assurance the interventions and support do not cause harm to the resident. (3) The provider must: (a) Maintain a copy of the completed and signed form documenting the consent to the individually based limitation described in section (2) of this rule. The form must be signed by the resident or the resident’s legal representative if applicable. The form must be available to the resident or the resident’s legal representative to access at any time; and. (b) Request review of the individually based limitation by the person-centered service plan coordinator when a new individually based limitation is indicated, or change or removal of an individually-based limitation is needed. (4) The qualities and obligations described in sections (1)(b)(g) do not apply to an resident receiving crisis-respite services, and a provider is not required to seek an individually-based limitation for such an resident to comply with these rules.