Oregon - Respite Care Services — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-10
In Oregon, Respite Care Services are primarily funded through the state's 1115 Medicaid Demonstration Waiver (Oregon Health Plan) and the K Plan (Community First Choice state plan option), rather than traditional 1915(c) waivers. The Oregon Department of Human Services (ODHS) oversees the certification of respite providers through its Aging and People with Disabilities (APD) and Office of Developmental Disabilities Services (ODDS) divisions.
The most significant structural precondition for providing Medicaid-funded respite in Oregon is that in-home respite for K Plan members is typically delivered through the Consumer-Employed Provider Program, where workers are hired directly by the consumer and paid through the Oregon Home Care Commission (OHCC) payroll system, rather than through traditional agency models. For facility-based crisis respite, the Oregon Health Authority (OHA) restricts Medicaid billing exclusively to OHA-licensed Residential Treatment Facilities (RTFs) and Secure Residential Treatment Facilities (SRTFs), explicitly prohibiting Adult Foster Homes (AFHs) from billing for crisis respite.
1. Service Definition and Scope
Respite Care Services in Oregon provide short-term relief to unpaid primary caregivers of children and adults with intellectual/developmental disabilities, chronic conditions, or behavioral health needs. The service is designed to maintain individuals in their community settings and prevent institutionalization.
Under the K Plan, respite is authorized as part of the member's person-centered care plan based on assessed need, rather than a flat statewide limit. For behavioral health populations, Oregon distinguishes between standard Respite Care and Crisis Respite Services, with strict limitations on which facility types can provide the latter.
- Service Name: Respite Care Services (and Crisis Respite Services for behavioral health)
- Funding Authority: 1115 Demonstration Waiver (Oregon Health Plan) and 1915(k) Community First Choice (K Plan)
- Delivery Model: Consumer-directed in-home care via OHCC, or facility-based care
- Behavioral Health Distinction: Crisis Respite Services (H0045) are distinct from standard respite
2. Regulatory and Oversight Agencies
Multiple divisions within the Oregon Department of Human Services (ODHS) and the Oregon Health Authority (OHA) regulate and oversee respite services, depending on the target population and setting.
The Oregon Home Care Commission (OHCC) plays a unique role in managing the workforce for consumer-directed in-home respite.
- ODHS Aging and People with Disabilities (APD): Oversees K Plan services for older adults and physical disabilities (https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/pages/default.aspx)
- ODHS Office of Developmental Disabilities Services (ODDS): Oversees services for individuals with I/DD (https://www.oregon.gov/odhs/providers-partners/idd/pages/default.aspx)
- Oregon Health Authority (OHA) Health Systems Division: Licenses RTFs and SRTFs for behavioral health crisis respite (https://www.oregon.gov/oha/hsd/pages/index.aspx)
- Oregon Home Care Commission (OHCC): Manages payroll and registry for consumer-employed respite workers (https://www.oregon.gov/odhs/providers-partners/homecare-workforce/pages/default.aspx)
- Medicaid Provider Portal: OHA Provider Portal for enrollment (https://www.oregon.gov/oha/hsd/ohp/pages/provider-enroll.aspx)
3. Gatekeeping Prerequisites: Who Can Even Apply
Oregon imposes strict structural prerequisites on who can provide Medicaid-funded respite, heavily favoring consumer-directed models for in-home care and specific licensed facilities for crisis care.
Agencies seeking to provide in-home respite must navigate a system where the state primarily utilizes the Consumer-Employed Provider Program for K Plan members.
- In-Home Respite Prerequisite: Must enroll as a homecare worker through the Oregon Home Care Commission (OHCC) for consumer-directed K Plan services
- Crisis Respite Facility Prerequisite: Must be an OHA-licensed Residential Treatment Facility (RTF) or Secure Residential Treatment Facility (SRTF) to bill for Crisis Respite Services
- Adult Foster Home Restriction: OHA-licensed Adult Foster Homes (AFHs) are explicitly prohibited from billing Medicaid for Crisis Respite Services or standard Respite Care
- Spousal Pay Program: Spouses can only be paid for respite if enrolled through the specific Spousal Pay Program (OAR 411-030-0080), not as ordinary homecare workers
4. Licensure and Certification Requirements
Certification requirements depend on the setting. Individual respite providers must be certified under OAR Chapter 411, Division 205.
Facilities providing crisis respite must hold specific OHA licenses.
- Individual Certification: Governed by OAR Chapter 411, Division 205 (Respite Provider Certification)
- Facility Licensure: RTFs and SRTFs must be licensed by OHA Health Systems Division under OAR 309-035
- HCBS Settings Rule: All settings must comply with the federal HCBS Settings Rule, ensuring community integration
- Environmental Inspection: ODHS staff must be allowed access to inspect each room in a primary residence used for certified respite
5. Medicaid Provider Enrollment
Providers must enroll through the Oregon Health Authority (OHA) Provider Portal. The process requires establishing a business entity (for agencies) or registering with the OHCC (for individuals).
Enrollment is contingent upon meeting the specific certification or licensure requirements for the intended service delivery model.
- Enrollment System: OHA Provider Portal
- Individual Workers: Must enroll through the Oregon Home Care Commission (OHCC) registry
- Agency Providers: Must submit proof of ODHS certification or OHA licensure during enrollment
- Required Identifiers: NPI and federal tax identification numbers are required for agency enrollment
6. Staffing, Training and Background Checks
Oregon requires comprehensive background checks and specific training for all respite providers, whether agency-employed or consumer-directed.
The state mandates administrative and compliance training for new providers.
- Background Checks: Mandatory criminal history and fingerprinting clearances for all direct care staff
- Age Requirement: Consumer-employed homecare workers must be at least 18 years old
- Pre-Application Training: State hosts mandatory online administrative and compliance training for prospective agency providers
- Conflict of Interest: A person serving as the recipient's designated representative cannot also be their paid respite provider
7. Documentation, Policies and Records
Providers must maintain detailed records to support Medicaid billing and demonstrate compliance with HCBS requirements.
Any limitations on a participant's rights must be documented as an Individual-Based Limitation (IBL).
- Service Documentation: Must maintain detailed records of face-to-face services for Medicaid billing
- Agency Policies: Must submit comprehensive policies and procedures during the certification process
- Individual-Based Limitations (IBLs): Any health and safety limitations must be justified in the person-centered service plan with informed consent
- Insurance: Agency providers must maintain proof of general and professional liability insurance
8. Billing, Rates and Claims
Billing procedures vary significantly between consumer-directed in-home respite and facility-based crisis respite.
In-home workers are paid through the state's payroll system, while facilities bill the MMIS directly.
- In-Home Payroll: Consumer-employed workers are paid through the Oregon Home Care Commission (OHCC) payroll system
- Crisis Respite Code: RTFs and SRTFs bill using procedure code H0045 (Crisis Respite Services)
- Fee Schedule: Rates for facility-based services are found on the OHA Fee-For-Service Behavioral Health Fee Schedule
- Authorization: Respite hours must be explicitly authorized in the member's APD or ODDS care plan prior to service delivery
9. Approval Sequence and Timeline
The approval process involves foundational business setup, mandatory training, certification/licensure, and finally Medicaid enrollment.
Timelines vary based on the provider type and state agency capacity.
- Step 1: Establish business entity and secure federal tax IDs (for agencies)
- Step 2: Complete mandatory pre-application administrative and compliance training
- Step 3: Submit certification (ODHS) or licensure (OHA) application with required policies
- Step 4: Complete Medicaid enrollment through the OHA Provider Portal upon certification/licensure approval
10. Common Denials and Survey Findings
Applications and claims are frequently denied when providers misunderstand Oregon's specific structural rules for respite.
Compliance with the HCBS Settings Rule is a major focus of state surveys.
- Billing Denial: Adult Foster Homes (AFHs) denied for attempting to bill Crisis Respite Services (H0045)
- Role Conflict: Denials when a designated representative attempts to enroll as the paid respite provider
- HCBS Non-Compliance: Survey citations for failing to ensure settings are integrated and support full access to the greater community
- IBL Documentation: Citations for implementing restrictions without a documented Individual-Based Limitation in the care plan
11. Key Contacts and Resources
Prospective providers should utilize state resources and contact the appropriate division based on their intended service model.
The ADRC is the primary point of contact for consumers seeking to add respite to their care plans.
- Oregon Aging and Disability Resource Connection (OR-ADRC): 1-855-673-2372 (for consumer care plan authorizations)
- ODHS Aging and People with Disabilities (APD): https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/pages/default.aspx
- Oregon Home Care Commission (OHCC): https://www.oregon.gov/odhs/providers-partners/homecare-workforce/pages/default.aspx
- OHA Health Systems Division (Licensing): https://www.oregon.gov/oha/hsd/pages/index.aspx
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