Oregon Health Authority
Chapter 943
Division 5
INDIVIDUAL RIGHTS
943-005-0005
Definitions
(1) “Alternate format communication” means printed material converted to a style allowing individuals with disabilities to achieve effective communication.
(2) “Auxiliary aids or services” mean devices or services that allow individuals with hearing, cognitive or speech impairments to achieve effective communication.
(3) “Client” means any individual receiving services, seeking services or information, or who is the intended recipient of Authority services.
(4) “Contractor” means any entity with which the Authority has an agreement or contract to provide services using federal funds to clients.
(5) “Direct threat” means a significant risk to the health or safety of others. A direct threat is one that:
(a) Cannot be eliminated or reduced to an acceptable level through the provision of auxiliary aids or services or through reasonably modifying policies, practices or processes.
(b) Is identified through an individual assessment that relies on current medical evidence, or the best available objective evidence that shows:
(A) The nature, duration and severity of the risk;
(B) The probability that a potential injury will actually occur; and
(C) Whether reasonable modifications of policies, practices or processes will lower or eliminate the risk.
(6) “Discrimination” means the denial of services to individuals or groups because the individual or group is part of a protected class. It includes policy, practice or treatment resulting in unequal access to Authority programs and services, or having a disparate impact on a protected class.
(7) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake, surprise, excusable neglect, or the reasonable reliance on the statement of a party, Authority contractor, subcontractor or agency representative.
(8) “Harassment” means unwelcome, unwanted or offensive conduct directed at an individual based on the individual’s protected class status.
(9) “Individual with a disability” means an individual who:
(a) Has a physical or mental impairment that substantially limits one or more major life activities; or
(b) Has a record or history of such an impairment; or
(c) Is regarded as having such an impairment.
(10) "Protected class" means a group of people protected from discrimination by law, on the basis of sexual orientation, race, color, national origin, religion, disability, age, sex (includes pregnancy-related conditions and sexual harassment), marital or familial status, or other class protected by law.
(11) “Qualified individual with a disability” means an individual who can meet the essential eligibility requirements for a program, service or activity with or without reasonable modification of rules, policies or processes, or the provision of auxiliary aids or services.
(12) “Reasonable modifications” means a modification of policies, practices, or processes made to a program or service that allows an individual with a disability to participate equally in the program or benefit from the program or service.
(13) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.
(14) “Subcontractor” means any entity or agent who enters into an agreement with an Authority contractor to perform part or all of the obligations of the contractor who has a contract with the Authority funded in whole or part with federal funds.
Statutory/Other Authority: ORS 413.042
Statutes/Other Implemented: ORS 413.042
History:
OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15
OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11
OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11