The Oregon Department of Human Services (ODHS), Office of Developmental Disabilities Services (ODDS) is proposing to permanently amend sixteen rules in OAR chapter 411.

Each of the sixteen rules is a separate program with a separate staff providing similar services to different identified groups. Part of the proposed amendments are to standardize wording and services. Standardization could and should give way to consolidation of some programs.

The proposals reflect changes about eligibility to provide consistency for determining eligibility for developmental disabilities services and clarifies Oregon residency requirements. Fourteen of the proposed rules say they clarify Oregon residency requirements by referring to OAR 461-120-0010, which really removes citizenship and substantially removes residency requirements. OAR 461-120-0010 allows anyone present in Oregon at the moment with the intent to remain to receive benefits is a resident.

The proposals reflect changes to thirteen rules extending eligibility by including individuals who qualify for the Healthier Oregon medical program, which is a non-citizenship medical program for those not eligible for other medical programs.

The proposal’s Statement of Need says the changes to eligibility is to “increase equity among those eligible to receive developmental disabilities services by removing citizenship requirements, aligning the rule language about non-discrimination, and extending eligibility by including individuals who qualify for the Healthier Oregon medical program.” It seems that adding non-citizens and non-Oregonians to the eligibility list is an excuse to claim a racial equity impact. However, “disability” in itself is listed as a minority subject to equity discrimination. It seems these rules are dividing the disabled into citizenship inequity.

In August 2020, the ODD Policy Coordinator, Caitlin Shockley, co-issues a bulletin to staff and stakeholders stating, “we are committed to true transformation…to colleagues and partners of color, we stand with you and support you… We all need to commit to center equity and disrupt racism.”

Statement Identifying How Adoption of Rules Will Affect Racial Equity in this state: Based on data and information currently available to ODDS, ODDS expects these rules will likely have a positive impact on racial equity. Given that a lesser amount of Oregon's noncitizens are arriving from Canada and Europe, the Department estimates Communities of Color, and therefore Oregon racial equity, will be positively impacted due to the expansion of developmental disabilities services, which will allow resources of those families and individuals to support other necessities rather than costs associated with supporting a person who has an intellectual or developmental disability.

Spreading services to more people diminishes the service unless more funds are added to the program. Is the cart before the horse? Shouldn’t funding come before the rule? ODDS estimates the proposed changes will have the following fiscal and economic impact on taxpayers:

• ODDS: Estimate for the first year of the Healthier Oregon medical program is $1,825,262 in state general funds for the first biennium, plus two new positions at $120,000 for the first year.
• Case Management Entities (units of local government): Caseloads are likely to increase. Estimated cost is $83,000 for the first biennium.
• Providers: A substantial cost of the Healthier Oregon medical program, estimated to be $1,825,262, will be paid to providers.

Of the statutory authority listed for the proposed rules, there is no mention of authority extending to non-citizens or non-residence. It also isn’t forbidden by the use of terms such as “all persons.” However, these are Oregon laws for Oregonians, and Oregon taxpayers are funding them. Going down the “not forbidden path” without legislative adoption is a dangerous precedence to set.

Comment deadline is December 9, 2022. Written comments may be submitted by email to christina.hartman@dhsoha.state.or.us.

ODDS plans to hold two rule hearings. November 30, 2022, 11:30 a.m. by Zoom. Register or join by phone: 1-669-254-5252, 161 407 3988#. And, November 30 at 5:30 p.m. by Zoom. Register or join by phone: 1-669-254-5252, 160 302 9023#.


--Donna Bleiler

Post Date: 2022-10-26 14:12:03

Last Update: 2022-10-27 15:24:06