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The Oregon Administrative Rules contain OARs filed through May 15, 2015
 
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DEPARTMENT OF HUMAN SERVICES,
ADMINISTRATIVE SERVICES DIVISION AND DIRECTOR'S OFFICE

 

DIVISION 25

EMPLOYMENT SERVICES

Integrated Employment Services to Individuals with Intellectual and Developmental Disabilities

407-025-0000

Purpose and Scope

(1) The purpose of these rules (OAR 407-025-0000 through 407-025-0120) is to effectuate:

(a) Executive Order 15-01 which supersedes Executive Order 13-04 and outlines detailed strategies and requires the Oregon Department of Human Services (Department) to work with the Oregon Department of Education (ODE) to further improve Oregon’s systems of designing and delivering employment systems to those with intellectual and developmental disabilities toward fulfillment of Oregon’s Employment First Policy, including a significant reduction over time of state support of sheltered work and an increased investment in employment services.

(b) ORS 427.007(1)(a), as added by 2013 Senate Bill 22 Enrolled, Chapter 36, 2013 Laws, which provides that individuals with intellectual and other developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding services, providers, goals and activities.

(c) ORS 427.007(1)(b), as added by 2013 Senate Bill 22 Enrolled, Chapter 36, 2013 Laws, which provides that the employment of individuals with developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.

(2) Consistent with Executive Order 15-01, the Department finds that:

(a) Individuals with disabilities persistently face higher rates of unemployment than their non-disabled fellow citizens.

(b) Oregon is a leader in providing supported employment services to individuals with intellectual and developmental disabilities. In 2008, Oregon adopted an Employment First Policy, which makes competitive integrated employment the goal for all Oregonians with intellectual and developmental disabilities.

(c) While the state cannot guarantee a job to any Oregonian, the state can and should consistently work to continue to improve its provision of employment services to provide the best possible opportunities for success and choice for individuals receiving those services. This requires new approaches and partnerships with government, the non-profit services sector, and potential employers in the business community.

(d) Improving Oregon’s delivery of employment services, with the goal of achieving competitive integrated employment for individuals with intellectual and developmental disabilities, consistent with their abilities and choices, will benefit individuals with disabilities, their families, our communities, the economy, and the state.

(3) The Department is not directed by the Department’s integrated employment rules to act in a way that would jeopardize the Department’s federal funding, such as funding from United States Department of Education, Centers for Medicare and Medicaid Services, or Rehabilitation Services Administration, or that would violate federal law or regulations. Wherever possible, the Department’s integrated employment rules shall be read as consistent with federal law.

(4) The State of Oregon’s obligations under the Department’s integrated employment rules are conditioned upon Department’s receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Department, in the exercise of its reasonable administrative discretion, to meet its payment obligations under the Department’s integrated employment rules. The Department’s integrated employment rules do not obligate any part of Oregon state government other than the Department. Nothing in the Department’s integrated employment rules is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. The Department shall employ good-faith efforts to request and seek funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Department to perform its payment obligations throughout the term of the Department’s integrated employment rules.

(5) The Department’s integrated employment rules do not provide a right to any person to claim that he or she has not received services required under any other state or federal statute or regulation.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0010

Definitions

As used in OAR 407-025-0000 through 407-025-0120, the following definitions apply:

(1) “Annual plan” means the written summary a service coordinator completes for an individual who is not enrolled in the waiver or community first choice services. An annual plan is not an individual support plan (“ISP”) and is not a plan of care for Medicaid purposes.

(2) “Career development plan” means part of an ISP or annual plan regarding Office of Developmental Disability Services’ (ODDS) services. A career development plan identifies the individual’s employment goals and objectives, the persons, agencies, and providers assigned to assist the individual to attain those goals, the obstacles to the individual working in competitive integrated employment in an integrated employment setting, and the services and supports necessary to overcome those obstacles. Career development plans shall be based on person-centered planning principles.

(3) “Competitive integrated employment,” consistent with the federal Workforce Innovation and Opportunity Act (WIOA), means work that is performed on a full-time or part-time basis (including self-employment) for which an individual:

(a) Is compensated at a rate that:

(A) Meets or exceeds state or local minimum wage requirements, whichever is higher;

(B) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

(C) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training experience, and skills; and

(b) Is eligible for the level of benefits provided to other employees;

(c) Is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and

(d) As appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

(4) “Comprehensive vocational assessment” means an assessment administered for individuals eligible for employment services from vocational rehabilitation or transition services from local educational agencies under the Individuals with Disabilities Education Act (IDEA) to provide employment-related information for the development of, or revision of, an individual’s employment-related planning document, such as the individual plan for employment (IPE), or individual education plan (IEP).

(5) “Department” means the Department of Human Services.

(6) “Department integrated employment rules” means this rule and any ODDS rule or Vocational Rehabilitation Services (VR) rule that expressly describes itself as falling under this definition.

(7) “Discovery” means a comprehensive and person-centered employment planning support service to better inform an individual seeking competitive integrated employment in an integrated employment setting, and to create a discovery profile for the individual. Discovery includes a series of work or volunteer-related activities to inform the individual and the job developer about the individual’s strengths, interests, abilities, skills, experiences, and support needs, as well as to identify the conditions or employment settings in which the individual will be successful.

(8) “Employment services” means services provided or funded by ODDS or VR that are intended to assist an individual with an intellectual or developmental disability (I/DD) to choose, get, learn, and keep work in an integrated employment setting. Employment services shall be “individualized,” meaning that services shall be individually planned, based on person-centered planning principles and evidence-based practices, where applicable. Employment services may include post-secondary education and training to the extent they are reinforced in an individual’s ISP or individual plan for employment services.

(9) “Evidence-based practices” means well-defined best practices, which have been demonstrated to be effective with the I/DD population or the relevant subset of that population, such as youth 16 or older, by multiple peer-reviewed research studies that are specific to the I/DD population or subset of that population.

(10) “Individuals with I/DD” are persons who have an intellectual disability as defined in OAR chapter 411, division 320, or a developmental disability” as defined in OAR chapter 411, division 320.

(11) “Integrated employment setting” means:

(a) An employment setting that satisfies the requirements for competitive integrated employment, or

(b) An employment setting that provides opportunities for individual to have interaction with non-disabled persons. The setting must allow an individual to interact with non-disabled persons in a manner typical to the employment setting. Such settings may include small group employment. Employment in an integrated employment setting does not mean facility-based work in a sheltered workshop, and cannot be non-work activities such as day support activities.

(12) “ODDS” means the Department’s Office of Developmental Disability Services.

(13) “ODDS/VR target population” means sheltered workshop workers and transition-age individuals as defined in this rule.

(14) “Person-centered planning” for employment services means:

(a) A timely and formal or informal process that is driven by the individual with an intellectual or developmental disability that gathers and organizes information that helps an individual:

(A) Determine and describe choices about personal employment goals, activities, services, provides, and lifestyle preferences;

(B) Design strategies and networks of support to achieve goals and a preferred lifestyle using individual strengths, relationships, and resources; and

(C) Identify, use, and strengthen naturally occurring opportunities for support at home and in the community.

(b) The methods for gathering information vary, but all are consistent with the individual's cultural considerations, needs, and preferences.

(15) “Policy group” means a group consisting of representatives of the Oregon Department of Education (ODE) and the Department, legislators, and stakeholders formed to make recommendations to the Department’s Director and the Deputy Superintendent of Public Instruction regarding design and implementation on issues including but not limited to education, outreach, development of provider capacity, training, and processes for assessment and discovery.

(16) “Qualified employment services provider” means a provider of employment services that meets the qualification requirements to deliver employment services consistent with OAR chapter 411, division 323; OAR chapter 411, division 340; and OAR chapter 411, division 345.

(17) “Related employment services” are services which are provided by ODDS or VR in conjunction with or after the completion of needed employment services in order to enable an individual maintain or advance in competitive integrated employment. Services may include but are not limited to benefits counseling, transportation support, personal care supports (such as activities of daily living), environmental accessibility adaptations, behavioral supports, assistive technology, and social skills training as they relate to continued participation in competitive integrated employment.

(18) “Self-employment” means an option for achieving competitive integrated employment and is recognized as a viable means of promoting independence and economic self-sufficiency. Self-employment generally refers to one person owning and controlling the operations and management of an enterprise that reflects the owner’s skills, interests, and preferred work environment. An individual in self-employment may or may not receive ongoing supports. Self-employment yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, who are self-employed in similar occupations or on similar tasks, and who have similar training, experience, and skills.

(19) “Sheltered workshop workers” means working-age individuals with I/DD found eligible for ODDS employment services and who worked in sheltered workshops on or after the effective date of Executive Order 13-04.

(20) “Sheltered workshop” means a facility in which individuals with I/DD are congregated for the purpose of receiving employment services and performing work tasks for pay at the facility. A sheltered workshop primarily employs individuals with I/DD and other disabilities, with the exception of service support staff. A sheltered workshop is a fixed site that is owned, operated, or controlled by a provider, where an individual has few or no opportunities to interact with non-disabled individuals, except paid support staff. A sheltered workshop is not small group employment in an integrated employment setting, and is not otherwise an integrated employment setting as defined in this rule.

(21) “Small group employment” means work performed in regular business, industry, and community settings by groups of two to eight individuals with I/DD. It is not competitive integrated employment, which is the much-preferred and optimal form of employment for Oregonians with I/DD, but it can have value as a way to offer additional opportunities for integration and employment. Small group employment support is provided in an integrated employment setting and in a manner that promotes integration into the workplace and interaction between participants and people without disabilities. Small group employment must allow an individual to interact with non-disabled persons in a manner typical to the employment setting. The wage paid to the supported individual must meet or exceed State and local minimum wage requirements as specified in competitive integrated employment, and the individual must maintain goals to pursue competitive integrated employment opportunities.

(22) “Supported employment” means services provided to support competitive integrated employment, self-employment, and small group employment.

(23) “Transition age” means individuals:

(a) Not older than 24 years of age,

(b) Not younger than 14 years of age. With respect to VR, individuals who are under 16 years of age may receive employment services with Department approval. With respect to ODDS, individuals who are under 18 years of age may receive employment services with Department approval.

(24) “Transition-age individuals” means individuals with I/DD who at any time from the effective date of Executive Order 13-04 until July 1, 2022 meet the definition of transition-age, and who are found eligible for ODDS employment services as described in OAR chapter 411, division 345, or who are found eligible for ODDS and VR services.

(25) “Transition age target population” means transition age individuals with I/DD who receive employment services on or after July 1, 2013 through July 1, 2022.

(26) “Target population” means the transition age target population and the working age target population.

(27) “VR” means the Department’s Vocational Rehabilitation Services.

(28) “Working age individuals” means adults with I/DD who are 21 or older and who are no longer receive public school services, and those with I/DD over 60 or older who choose to continue employment.

(29) “Working age target population” means working age individuals with I/DD who receive sheltered workshop services on or after July 1, 2013.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 1-2014, f. & cert. ef. 2-14-14; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0020

Sheltered Workshops

(1) Effective July 1, 2014, ODDS and VR shall no longer purchase or fund vocational assessments for individuals with I/DD that occur in sheltered workshop settings.

(2) Effective July 1, 2015, ODDS and VR shall no longer purchase or fund sheltered workshop placements for:

(a) Transition-age individual with I/DD;

(b) Any working age individual with I/DD newly eligible for ODDS or VR services; and

(c) Any working age individual with I/DD already utilizing ODDS or VR services who is not already working in a sheltered workshop.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0030

Employment Services Provided through ODDS and OVRS

(1) ODDS and VR will provide employment services as described in section (5) of this rule to at least 7000 unique individuals in the ODDS/VR target population, including sheltered workshop workers who wish to receive those employment services, between July 1, 2013 and July 1, 2022, in accordance with the following schedule:

(a) By July 1, 2014, to at least 600 individuals.

(b) By July 1, 2015, to at least an additional 1,350 individuals.

(c) By July 1, 2016, to at least an additional 2,200 individuals.

(d) By July 1, 2017, to at least an additional 3,000 individuals.

(e) By July 1, 2018, to at least an additional 3,800 individuals.

(f) By July 1, 2019, to at least an additional 4,600 individuals.

(g) By July 1, 2020, to at least an additional 5,400 individuals.

(h) By July 1, 2021, to at least an additional 6,200 individuals.

(i) By July 1, 2022, to at least an additional 7,000 individuals.

(2) The requirement in this section that additional individuals receive employment services by a given date refers to a cumulative number of additional individuals.

(3) Any sheltered workshop worker who, in his or her career development plan as described in OAR 407-025-0050 indicates a desire to work in an integrated employment setting and to receive employment services as described in section (5) of this rule, shall receive these employment services. The policy group as defined in OAR 407-025-0020 shall be responsible for recommending metrics aimed at assessing the delivery of employment services described in this rule to sheltered workshop workers who desire to receive these employment services, as well as reviewing the State’s performance under those metrics.

(4) Both ODDS/VR target populations described in section (1) of this rule will receive employment services. The delivery proportions of employment services to different target populations will be reviewed by the policy group to assure delivery is consistent with the expected outcomes of outlined in this rule. As necessary, the State may revise the above schedule for the provision of employment services to both ODDS/VR target populations to further this purpose.

(5) For an individual to be counted as being provided an employment service under this rule, that individual must have received one or more of the following:

(a) Discovery services though ODDS;

(b) Comprehensive vocational assessments through VR;

(c) An approved individual plan for employment with VR;

(d) Job development services through ODDS; or

(e) Supported employment services through ODDS.

(6) None of the services listed in section (5) of this rule shall be counted in a way that creates a duplicate count of individuals that were provided employment services. Any additions to the list of employment services to be counted will be subject to review and approval by the policy group.

(7) The policy group shall be responsible for recommending outcome metrics aimed at assessing the effectiveness of the employment services described in this rule as well as reviewing the Department’s performance under those metrics.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0040

General Policies

ODDS and VR shall establish and implement a policy that employment services shall be evidence-based and individualized. Employment services shall be individualized and services shall be individually planned, based on person-centered planning principles and evidence-based practices, where applicable. Employment services shall be based on an individual’s capabilities, choices, and strengths and shall be individually tailored.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0050

Career Development Planning

(1) No later than January 1, 2014, ODDS shall adopt and implement policies and procedures for developing career development plans. The policies must include a presumption that all individuals in the ODDS/VR target population are capable of working in an integrated employment setting.

(2) Career development plans shall be based on person-centered planning principles.

(3) The career development plan shall prioritize competitive integrated employment, and then other employment in integrated employment settings. The career development process shall focus on the strengths of the individual and shall be conducted with the goal of maximizing the number of hours spent working, consistent with an individual’s abilities and choices.

(4) By July 1, 2015 sheltered workshop workers who desire to receive employment services described in OAR 407-025-0030 shall receive a career development plan as part of the employment services they receive under OAR 407-025-0030. Transition-age individuals should have a career development plan no later than the date of their anticipated departure from the Oregon public schools, but no later than one year after their departure. The provision of employment services by ODDS may not be delayed or denied due to the lack of a career development plan.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 1-2014, f. & cert. ef. 2-14-14; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0060

Training

(1) Effective January 1, 2014, ODDS and VR shall establish and update when appropriate competencies for providing employment services, and shall adopt and implement competency-based training standards for career development plans, job creation, job development, job coaching, and coordination of those services.

(2) Effective July 1, 2016, ODDS and VR shall purchase employment services for individuals with I/DD only from agencies or individual providers licensed, certified, credentialed or otherwise qualified as required by Department rules. The requirements for providing employment services shall be competency-based and may include such national credentialing programs as the APSE Certified Employment Support Professional exam or a substantial equivalent.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0070

Outreach and Awareness

Effective January 1, 2014, ODDS and VR shall develop and update when appropriate an outreach and informational education program for all individuals in the target population that explains the benefits of employment, addresses concerns of families and perceived obstacles to participating in employment services, and is designed to encourage individuals with I/DD and their families to seek employment services.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0080

Provider Capacity

The Department shall make good faith efforts, within available budgetary resources, to ensure that there are a sufficient number of qualified employment providers to deliver the services and supports necessary for individuals in the ODDS/VR target population to receive employment services consistent with the terms of the Department’s integrated employment rules.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0090

Director Actions

(1) Effective January 1, 2014, the Department shall designate a statewide employment coordinator to oversee and coordinate its employment services program and all activities required by the Department, ODDS, or VR under the Department’s integrated employment rules.

(2) Effective January 1, 2014, the Department shall support new or existing technical assistance provider(s) or use other available training resources to provide leadership, training and technical assistance to employment providers and to provider, county, support services brokerage, and vocational rehabilitation staff to support the performance of the Department’s integrated employment rules.

(3) Effective November 1, 2013, the Department shall adopt an integrated employment plan to further carry out the goals of the Department’s integrated employment rules.

(4) ODDS shall include specific provisions in its contracts with each support services brokerage and each community developmental disability program (CDDP) to accomplish the full implementation of the Department’s integrated employment rules.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0100

Quality Assessment and Improvement

Effective July 1, 2014, the Department shall develop, implement and update as appropriate a quality improvement initiative that is designed to promote employment services developed in accordance with the Department’s integrated employment rules and to evaluate the quality of employment services provided to persons with I/DD under the Department’s integrated employment rules statewide.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0110

Data Collection and Reporting

(1) Effective January 1, 2014, and semi-annually thereafter, the employment coordinator shall monitor the progress of implementation of the Department’s integrated employment rules through data collection, data analysis, and quality improvement activities.

(2) Effective January 1, 2014, and semi-annually thereafter, ODDS and VR shall collect data and report to the employment coordinator and the policy group the following data for working age individuals in the ODDS/VR target populations:

(a) The number of individuals receiving employment services;

(b) The number of persons working in the following settings: competitive integrated employment, self-employment, sheltered employment, and small group employment (8 or fewer);

(c) The number of individuals in supported employment;

(d) The number of hours worked per week and hourly wages paid to those persons;

(e) The outcomes of employment services selected by individuals through the career development planning process, including the selection of non-employment services;

(f) Complaints and grievances; and

(g) The number of individuals receiving related employment services.

(3) Effective January 1, 2014, and semi-annually thereafter, VR and ODDS shall report to the employment coordinator on the progress made on the terms of the Department’s integrated employment rules and the results of the data collected under this rule.

(4) ODDS and VR shall begin a program of regularly collecting and analyzing data described in this rule, and shall identify problems or barriers to placement in or retaining jobs in an integrated employment setting, as well as service gaps, and shall recommend to the Department’s Director’s actions to improve services. The Department shall review this information on a semi-annual basis and develop and implement measures to improve services with respect to the problems and barriers identified.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13; DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15

407-025-0120

Sunset Provision

These rules shall be effective through July 1, 2022.

Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
Hist.: DHSD 4-2013, f. & cert. ef. 10-1-13

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