2017 ORS 410.490¹
Duties of department
  • rules

(1) To provide greater flexibility and availability of services, the Department of Human Services shall apply for waiver of federal statutory and regulatory requirements to make adult day care services available under ORS chapter 414.

(2) The Department of Human Services shall adopt rules consistent with the rules adopted under ORS 410.495 (Registry for adult day care programs in state), that include a provision identifying adult day care as a service available for recipients eligible for medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414).

(3) As used in ORS 410.485 (Legislative findings) and this section, “adult day care” means community-based group programs designed to meet the needs of adults with functional or cognitive impairments through individual plans of care that are structured, comprehensive and provide a variety of health, social and related support services in protective settings during part of the day but provide less than 24-hour care. [1991 c.787 §§2,3; 2007 c.70 §176; 2013 c.688 §31]

Chapter 410

Notes of Decisions

Agency rules making place­ment of handicapped and elderly per­sons factor of their primary service needs and providing for different residential facilities to accommodate per­sons with different needs were consistent with pro­vi­sions of this chapter in effect at time peti­tioner, who was mentally retarded, was refused place­ment at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)

1 Legislative Counsel Committee, CHAPTER 410—Senior and Disability Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors410.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 410, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano410.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.