410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619. As used in ORS 409.010, 410.040 to
410.300, 410.320 and 410.619:
(1) “Appropriate
living arrangement” means any arrangement for an elderly person or a person
with a disability in a residential setting which is appropriate for the person
considering, in order of priority, the following criteria:
(a) The desires
and goals of the person;
(b) The right of
the person to live as independently as possible, in the least restrictive
environment; and
(c) The cost of
the living arrangement compared to other types of living arrangements, based on
the criteria in paragraphs (a) and (b) of this subsection.
(2) “Area agency”
means:
(a) An
established or proposed type A or type B Area Agency on Aging within a planning
and service area designated under Section 305 of the Older Americans Act; or
(b) Any public or
nonprofit private agency which is designated as a type A or type B Area Agency
on Aging under Section 305 of the Older Americans Act.
(3) “Area agency
board” means the local policy-making board which directs the actions of the
area agency within state and federal laws and regulations.
(4) “Department”
means the Department of Human Services.
(5) “Elderly
person” means a person who is served by a type A area agency or type B area
agency or by the department and who is 60 years of age or older.
(6) “Local
government” means a political subdivision of the state whose authority is
general or a combination of units of general purpose local governments.
(7) “Person with
a disability” means a person with a physical or mental impairment that
substantially limits one or more major life activities.
(8) “Preadmission
screening” means a professional program within the department or type B area
agencies, with staff that includes registered nurses and social workers, that
assesses the needs of clients and recommends appropriate placements in
residential programs administered by the department or type B area agencies.
(9) “Protective
services” means a service to be provided by the department directly or through
type B area agencies, in response to the need for protection from harm or
neglect to elderly persons and persons with disabilities.
(10) “Title XIX”
means long term care and health services programs funded by Title XIX of the
Social Security Act available to elderly persons and persons with disabilities.
(11) “Type A area
agency” means an area agency:
(a) For which
either the local government or the area agency board does not agree to accept
local administrative responsibility for Title XIX; and
(b) That provides
a service to elderly persons.
(12) “Type B area
agency” means an area agency:
(a) For which the
local government agrees to accept local administrative responsibility for Title
XIX;
(b) That provides
a service to elderly persons or to elderly persons and persons with
disabilities who require services similar to those required by elderly persons;
and
(c) That uses the
term “disabled services” or “disability services” in its title to communicate
the fact that it provides services to both populations described in paragraph
(b) of this subsection. [1981 c.784 §1; 1985 c.180 §4; 1989 c.224 §73; 1993
c.116 §2; 2001 c.900 §75; 2007 c.70 §166; 2011 c.36 §1; 2011 c.658 §37; 2011
c.720 §82]
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1988–2025 · leading case:
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
· cites it 18× “” The text of ORS 410.040 does not specifically define the terms “substantially limit” or “major life activity.”
LaForge v. Dep't of Human Servs., 241 P.3d 313 (Or. Ct. App. 2010).
“” ORS 410.040(10). Thus, as petitioner argues, the statute requires DHS to consider a license applicant’s willingness to accommodate Medicaid recipients.”
LaForge v. Dept. of Human Servs., 241 P.3d 313 (Or. Ct. App. 2010).
“" ORS 410.040(10). Thus, as petitioner argues, the *316 statute requires DHS to consider a license applicant's willingness to accommodate Medicaid recipients.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
· cites it 3× “) Nonprecedential Memo Op: 345 Or App 599 (2025) 601 For the purposes of the EPPDAPA, “[p]erson with a disability” means a person described in ORS 410.040(7) or ORS 410.715. ORS 124.005(9).”
Dempsey v. Senior Servs. Div., 758 P.2d 367 (Or. Ct. App. 1988).
· cites it 3× “1 SSD based its decision on OAR 410-05-080 to 410-05-100, its rules implementing ORS 410.040 et seq. 2 The rules establish a scheme whereby different residential facilities are provided for persons with different kinds of “primary service needs.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
· cites it 3× “) Nonprecedential Memo Op: 345 Or App 599 (2025) 601 For the purposes of the EPPDAPA, “[p]erson with a disability” means a person described in ORS 410.040(7) or ORS 410.715. ORS 124.005(9).”
— Or. Rev. Stat. § 410.040(1) — 1 case
Dempsey v. Senior Servs. Div., 758 P.2d 367 (Or. Ct. App. 1988).
“1 SSD based its decision on OAR 410-05-080 to 410-05-100, its rules implementing ORS 410.040 et seq. 2 The rules establish a scheme whereby different residential facilities are provided for persons with different kinds of “primary service needs.”
— Or. Rev. Stat. § 410.040(10) — 2 cases
LaForge v. Dep't of Human Servs., 241 P.3d 313 (Or. Ct. App. 2010).
“” ORS 410.040(10). Thus, as petitioner argues, the statute requires DHS to consider a license applicant’s willingness to accommodate Medicaid recipients.”
LaForge v. Dept. of Human Servs., 241 P.3d 313 (Or. Ct. App. 2010).
“" ORS 410.040(10). Thus, as petitioner argues, the *316 statute requires DHS to consider a license applicant's willingness to accommodate Medicaid recipients.”
— Or. Rev. Stat. § 410.040(5) — 1 case
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“” The text of ORS 410.040 does not specifically define the terms “substantially limit” or “major life activity.”
— Or. Rev. Stat. § 410.040(6) — 1 case
Dempsey v. Senior Servs. Div., 758 P.2d 367 (Or. Ct. App. 1988).
“1 SSD based its decision on OAR 410-05-080 to 410-05-100, its rules implementing ORS 410.040 et seq. 2 The rules establish a scheme whereby different residential facilities are provided for persons with different kinds of “primary service needs.”
— Or. Rev. Stat. § 410.040(7) — 3 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“” The text of ORS 410.040 does not specifically define the terms “substantially limit” or “major life activity.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“) Nonprecedential Memo Op: 345 Or App 599 (2025) 601 For the purposes of the EPPDAPA, “[p]erson with a disability” means a person described in ORS 410.040(7) or ORS 410.715. ORS 124.005(9).”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“) Nonprecedential Memo Op: 345 Or App 599 (2025) 601 For the purposes of the EPPDAPA, “[p]erson with a disability” means a person described in ORS 410.040(7) or ORS 410.715. ORS 124.005(9).”
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