ORS 410.070
Duties of Department of Human Services

  • elderly persons and persons with disabilities
  • rules

(1)

The Department of Human Services shall:

(a)

Serve as the central state agency with primary responsibility for the planning, coordination, development and evaluation of policy, programs and services for elderly persons and persons with disabilities in Oregon.

(b)

Function as the designated state unit on aging, as defined in the Older Americans Act of 1965.

(c)

With the advice of the Governor’s Commission on Senior Services and the Oregon Disabilities Commission, develop long-range state plans for programs, services and activities for elderly persons and persons with disabilities. State plans should be revised biennially and should be based on area agency plans, statewide priorities and state and federal requirements.

(d)

Have the authority to transfer state and federal funds, except Title III of the Older Americans Act funds, from one area agency to another area agency or from one program or service to another program or service after consultation with the area agencies involved in the transfer. However, no area agency shall suffer a reduction in state or federal funds due to increased local funds.

(e)

Receive and disburse all federal and state funds allocated to the department and solicit, accept and administer grants, including federal grants or gifts made to the department or to the state and enter into contracts with private entities for the purpose of providing or contracting for case management services for long term care insurance for the benefit of elderly persons and persons with disabilities in this state.

(f)

Provide technical, training and program assistance to area agencies and assist them to provide such assistance to public and private agencies and organizations.

(g)

Assist area agencies to stimulate more effective use of existing resources and services for elderly persons and develop programs, opportunities and services which are not otherwise provided for elderly persons, with the aim of developing a comprehensive and coordinated system for the delivery of social services to elderly persons.

(h)

Assist local department offices and area agencies which have assumed responsibility for disabled services to stimulate more effective use of existing resources and to develop programs, opportunities and services which are not otherwise provided for persons with disabilities, with the aim of developing a comprehensive and coordinated system for the delivery of social services to persons with disabilities.

(i)

Serve within government and in the state at large as an advocate for elderly persons and persons with disabilities by holding hearings and conducting studies or investigations concerning matters affecting the health, safety and welfare of elderly persons and persons with disabilities and by assisting elderly persons and persons with disabilities to assure their rights to apply for and receive services and to be given fair hearings when such services are denied.

(j)

Process fiscal and client data for all area agencies.

(k)

Conduct regulatory functions with regard to program operation, by adopting rules for providing social services, including protective services, to elderly persons and persons with disabilities who need services that the department or area agencies are authorized to provide and rules for standard rate setting and quality assurance.

(L)

Provide information and technical assistance to the Governor’s Commission on Senior Services, the Oregon Disabilities Commission and the Medicaid Long Term Care Quality and Reimbursement Advisory Council and keep the commissions and the council continually informed of the activities of the department.

(m)

Make recommendations for legislative action to the Governor and to the Legislative Assembly, after consultation with the Governor’s Commission on Senior Services, the Oregon Disabilities Commission and the Medicaid Long Term Care Quality and Reimbursement Advisory Council.

(n)

Conduct research and other appropriate activities to determine the needs of elderly persons and persons with disabilities in this state, including, but not limited to, their needs for social and health services, and to determine what existing services and facilities, private and public, are available to elderly persons and persons with disabilities to meet those needs.

(o)

Maintain a clearinghouse for information related to the needs and interests of elderly persons and persons with disabilities.

(p)

Provide area agencies with assistance in applying for federal, state and private grants and identifying new funding sources.

(2)

In addition to the requirements of subsection (1) of this section, the department shall:

(a)

Determine type A and type B area agencies annual budget levels for Oregon Project Independence and Title III of the Older Americans Act expenditures.

(b)

Determine annual budget levels for planning and administering programs relating to social, health, independent living and protective services for persons with disabilities for the local department office serving elderly persons and persons with disabilities and type B area agencies that have assumed local responsibility for the programs and clients transferred under section 2 (2), chapter 787, Oregon Laws 1989. In determining the budget levels, the department shall:

(A)

Apply the methodology required by ORS 410.072 (Determination of annual budget levels for type B area agencies);

(B)

Retain contingency reserves against overruns and transfers in use of Title XIX funds; and

(C)

Provide timely management information so the area agencies and the department’s disability services units can manage Title XIX reimbursements within budgeted levels.

(c)

Make payments for services within a central processing system for:

(A)

A type A area agency, at the request of the agency, for Oregon Project Independence or Title III of the Older Americans Act expenditures, or both.

(B)

A type B area agency, for Title XIX and Oregon Project Independence expenditures, and at the request of the agency, for Title III of the Older Americans Act expenditures.

(d)

Assume program responsibility for Title XIX programs in areas served by type A area agencies and in areas where no area agency is designated.

(e)

Assume planning and program responsibilities for persons with disabilities in areas served by type A area agencies, in areas served by type B agencies that serve only elderly persons and in areas where no area agency exists.

(3)

When developing programs affecting elderly persons, the department shall consult with the Governor’s Commission on Senior Services.

(4)

When developing programs affecting persons with disabilities, the department shall consult with the Oregon Disabilities Commission. [1981 c.784 §3; 1989 c.224 §75; 1989 c.787 §1; 1991 c.122 §12; 1993 c.116 §4; 1995 c.667 §4; 2001 c.900 §77; 2007 c.70 §168; 2009 c.460 §1]

Source: Section 410.070 — Duties of Department of Human Services; elderly persons and persons with disabilities; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html.

410.010
State policy for seniors and people with disabilities
410.020
Implementation of state policy
410.030
Legislative findings on long term care options
410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619
410.050
General policy
410.060
Policy for persons with disabilities served by department
410.065
Comprehensive plan for long term care system
410.070
Duties of Department of Human Services
410.072
Determination of annual budget levels for type B area agencies
410.074
Consultation with representatives of type B area agencies on rules establishing methodology
410.075
Authority of department and Oregon Health Authority to hold title to property
410.080
Department as single state agency for specified federal programs
410.090
Department to implement supportive social services for persons age 60 and older
410.100
When department to administer area agency programs
410.120
Senior and Disabled Services Account
410.140
Records
410.150
Use of files
410.160
Limitation on estate claims
410.180
Long term care reimbursement audit manual
410.190
Representation of entities in contested case proceedings before department
410.210
Area agency advisory councils
410.220
Use of state and local resources
410.230
Expenditure of local funds not required
410.240
Operation of type A agencies
410.250
Duties of type A agencies
410.270
Operation of type B agencies
410.280
Duties of type B agencies
410.290
Conditions for designation as type B agency
410.295
Authority of type B agency to regulate adult foster homes
410.300
Transfer of state employees to type B agency
410.320
Governor’s Commission on Senior Services
410.330
Legislator members
410.340
Appointments to fill vacancies
410.410
Definitions for ORS 410.410 to 410.480
410.420
Use of funds for specified services
410.422
Oregon Project Independence Fund
410.425
Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders
410.430
Eligibility for authorized services
410.435
Expansion of Oregon Project Independence
410.440
Priorities for services
410.450
Determinations of eligibility
410.460
Computation of allowable costs
410.470
Fees
410.480
Required record keeping
410.485
Legislative findings
410.490
Duties of department
410.495
Registry for adult day care programs in state
410.505
Definitions for ORS 410.505 to 410.545
410.510
Establishment of procedure for assessment
410.515
Notice of availability of admission assessment services
410.520
When assessment to occur
410.525
Disclosure of fees
410.530
Department authority
410.535
Rules
410.540
Compliance as condition for licensure
410.545
Implementation of ORS 410.505 to 410.545 requires federal funding
410.550
Medicaid Long Term Care Quality and Reimbursement Advisory Council
410.555
Submission of changes to Medicaid reimbursement system to council
410.595
Legislative intent and findings
410.596
Statewide plan to expand access to skilled home care and personal support workforce
410.598
Training and testing for home care workers and personal support workers
410.600
Definitions for ORS 410.595 to 410.625
410.602
Home Care Commission
410.603
Developmental Disabilities and Mental Health Committee
410.604
Duties of commission
410.605
Private pay home care worker program
410.606
Referral of qualified individuals on home care registry
410.607
Home care and personal support worker classifications and payment rates
410.608
Selection of home care or personal support worker
410.612
Collective bargaining
410.614
Rights of home care and personal support workers
410.619
Home care and personal support workers not state employees
410.625
Authority of commission
410.631
Noncompetition agreements voidable by home care worker and personal support worker
410.632
Certain covenants between employer and home care worker or personal support worker voidable by worker
410.710
State policy on persons with disabilities
410.715
Person suffering brain injury to be considered person with disability
410.720
Mental health and addiction services for senior citizens and persons with disabilities
410.730
Self-Sufficiency Trust Fund
410.732
Disabilities Trust Fund
410.740
Oregon Deaf and Hard-of-Hearing Services Program
410.851
Policy on patient-based reimbursement system for long term care facilities
410.890
Civil penalty
Green check means up to date. Up to date