OAR 461-135-0755. Individuals Eligible for 1915(i) State Plan Home and Community-Based Services; OSIPM

In the OSIPM program, an individual who meets all of the requirements below is subject to the OSIPM income limit specified in OAR 461-155-0250(6): (1) The individual has been assessed by an Independent and Qualified Agent (IQA) and determined eligible to receive 1915(i) Home and Community-Based Services (HCBS) as specified in OAR 410-173-0010. (2) The individual meets one of the following: (a) Resides or will reside in a 24-hour behavioral health residential care setting. For purposes of this rule, only the following types of treatment centers qualify as a 24-hour behavioral health residential care setting: (A) A behavioral health adult foster home. (B) A behavioral health residential treatment home. (C) A behavioral health residential treatment facility. (b) The individual will receive 1915(i) HCBS services in their own home. (3) The individual is not assumed eligible for OSIPM under OAR 461-135-0010, and does not meet the income requirements for OSIPM for those in a standard living arrangement (see OAR 461-001-0000) under section (3) of OAR 461-155-0250. (4) The individual is age 21 or older.