Oregon Revised Statutes Mental Health and Developmental Disabilities; Alcohol and Drug Treatment § 427.115

(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. 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.