OAR 411-328-0625. Supported Living Provider-Supported Housing

(1) When an individual resides in provider-supported housing, the provider must assure the setting complies with the qualities in OAR 411-004-0020. (2) INDIVIDUALLY-BASED LIMITATIONS. (a) A provider may not place any limitations to the following freedoms without an individually-based limitation: (A) Support and freedom to access the individual's personal food at any time. (B) Visitors of the individual's choosing at any time. (C) A lock on the individual's unit, lockable by the individual. (D) Choice of a roommate, if sharing a bedroom. (E) Freedom to furnish and decorate the individual's home as the individual chooses. (F) Freedom and support to control the individual's schedule and activities. (G) Freedom from restraint, except in accordance with the standards for developmental disabilities services set forth in ORS 443.739, OAR chapter 411, or the relevant Title XIX Medicaid-funding authority. (b) When an individual's freedom in subsection (a) of this section may not be met due to a threat to the health and safety of the individual or others, an individually-based limitation must be authorized and documented in the individual's ISP in accordance with OAR 411-415-0070(3). (c) A provider is responsible for all of the following: (A) Maintaining a copy of the completed and signed form documenting an individual's consent to the appropriate individually-based limitation. The form must be signed by the individual or the individual's legal representative, if applicable. (B) Regular collection and review of data to measure the ongoing effectiveness of, and the continued need for, the individually-based limitation. (C) Requesting a review of the individually-based limitation when a new individually-based limitation is indicated or change or removal of an individually-based limitation is needed. (3) Supported living services may not be initiated in a setting that was previously licensed under OAR 411-325-0040 or OAR 411-325-0070 without prior approval from the Department. Approval will not be given unless the provider can demonstrate all of the following: (a) It is the informed choice of all the residents of the licensed setting to receive supported living services. (b) Each resident will have 1:1 staffing when they require support. (c) There are no more than two residents in the setting. (4) By July 1, 2027, no more than two individuals unrelated by blood, marriage, or adoption can be authorized to receive supported living services from the same provider in provider-supported housing without prior approval from the Department. Approval will not be given unless the provider can demonstrate all of the following: (a) Evidence of each resident’s informed choice and agreement to receive supported living services from the provider among available services and providers. (b) Evidence of either: (A) Financial need for shared housing; or (B) Close relationship between residents of the home. (c) Proposed staffing plan for each resident that clearly does not rely upon shared staffing to meet the resident’s needs. (5) A provider delivering supported living services in provider-supported housing must allow individuals to: (a) Choose their own roommates, including refusing roommates; (b) Live with their minor children related by blood, marriage, or adoption; and (c) Control their own schedule, including:` (A) Reasonable allowance for overnight guests consistent with community landlord-tenant standards; and (B) Access to all common areas and appliances. (6) None of the requirements in section (5) of this rule may supersede applicable landlord-tenant standards and laws. (7) Exit from supported living services as set forth in OAR 411-328-0790 cannot also serve as eviction from the individual’s residence. (8) PHYSICAL ENVIRONMENT. (a) When a provider is also the landlord, the provider must comply with applicable statutes in ORS chapter 90. (b) An operable smoke alarm must be available in each bedroom and in a central location on each floor. (c) An operable class 2A10BC fire extinguisher must be easily accessible in each residence. (d) First aid supplies must be available in each residence. (e) An operable flashlight must be available in each residence.