2017 ORS 427.115¹
Assessment of service needs and determination of service rate
  • rules

(1) The Department of Human Services or its designee shall assess the support needs for each adult with a developmental disability who is receiving comprehensive services that include 24-hour residential care and shall determine a service rate that is sufficient to meet the support needs of the adult. If an assessment of support needs results in a change to the service rate being paid to the service provider, the department or the department’s designee shall provide to the adult receiving comprehensive services and the adult’s service provider and, if appropriate, to the adult’s service coordinator, guardian, primary caregiver or family members, a detailed accounting of the service rate paid to the service provider and the factors and weighting of factors used to determine the service rate.

(2) The department or the department’s designee shall assess the support needs and determine the service rate, as described in subsection (1) of this section, no later than 90 days after the adult receiving comprehensive services or the adult’s service provider, service coordinator, guardian, primary caregiver, family member or legal representative makes a request, based on significant changes to the adult’s support needs, for a new assessment of support needs and a redetermination of the service rate.

(3) The department shall adopt by rule the procedures and criteria for requesting and conducting an assessment of support needs and a determination of a service rate under this section, using an advisory committee appointed in accordance with ORS 183.333 (Policy statement). The rules shall include a procedure for contesting the denial of a request for assessment of support needs and redetermination of a service rate or the failure of the department or the department’s designee to respond to a request for assessment and redetermination within a reasonable period of time, as prescribed by the department by rule. [2013 c.604 §2]

Chapter 427

Notes of Decisions

Former commit­ment pro­vi­sions of this chapter were constitu­tional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commit­ment pro­ceed­ing is not crim­i­nal matter, principle of double jeopardy has no applica­tion. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemp­tion of the Oregon Revised Statutes by the pro­vi­sions of the Interstate Compact, (1973) Vol 36, p 297; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 439 (1979)

1 Legislative Counsel Committee, CHAPTER 427—Persons With Intellectual or Developmental Disabilitie, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors427.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano427.­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.