OAR 411-304-0130: Eligibility for Professional Behavior Services

(1) An individual may not be denied professional behavior 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 professional behavior services, an individual must meet the following requirements: (a) Be determined eligible for developmental disabilities services by the Community Developmental Disabilities Program of the county of origin as described in OAR 411-320-0080, except for those enrolled in the Medically Involved Children's Waiver or the Medically Fragile Children's Program as described in OAR chapter 411, division 300. (A) A child enrolled in the Medically Involved Children's Waiver must be determined eligible for the waiver as described in OAR 411-300-0120(7). (B) A child enrolled in the Medically Fragile Children's Program must meet the eligibility requirements described in OAR 411-300-0120(5). (b) Be receiving one of the following: (A) Family support services as described in OAR chapter 411, division 305. (B) A Medicaid Title XIX benefit package through OSIPM or the HSD Medical Program. Individuals receiving Medicaid Title XIX under the HSD Medical Program for services in a nonstandard living arrangement as defined in OAR 461-001-0000 are subject to the requirements in the same manner as if they were requesting these services under OSIPM, including the rules regarding the following: (i) The transfer of assets as set forth in OAR 461-140-0210 through 461-140-0300. (ii) The equity value of a home which exceeds the limits as set forth in OAR 461-145-0220. (c) Be determined to meet the level of care as defined in OAR 411-317-0000 and enrolled in Community First Choice state plan services, except for individuals receiving family support services as described in OAR chapter 411, division 305. (d) For individuals with excess income, contribute to the cost of service pursuant to OAR 461-160-0610 and OAR 461-160-0620, except for individuals receiving family support services as described in OAR chapter 411, division 305. (e) A functional needs assessment, a similar assessment used for family support services, or an individual’s ISP team identifies a challenging behavior that may benefit from professional behavior services and the individual's ISP or Annual Plan indicates the individual may benefit from professional behavior services. (3) Additional service limitations are described in OAR 411-304-0140.