justicedao/ipfs_state_laws huggingface dataset:
309-060-0140 Denial, Suspension, Revocation, or Refusal to Renew Registration (1) The Division may deny, suspend, revoke, or refuse to renew a registration when it finds: (a) There has been failure to comply with these rules or with local codes and ordinances; (b) The CBSH is providing residential care or treatment as defined under these rules or meeting the definition of an Adult Foster Home, Residential Treatment Home, or Residential Treatment Facility as defined in ORS 443.400; (c) A provider or an employee or agent of the provider fails to allow access or inspection by an authorized representative of the Division; (d) The provider submits fraudulent or untrue information to the Division; (e) The provider fails to comply with a variance granted by the Division; or (f) There is a threat to the health, safety, and wellbeing of a resident in the CBSH or there are substantiations of abuse of a resident. (2) The provider may request a review of the decision by submitting a request in writing to the Division within ten days of the notice and order of denial, suspension, revocation, or refusal to renew registration. (3) Within ten days of receipt of the provider’s request for a review, the Division shall review all available materials, including any written documentation submitted by the provider within that time frame. The Division shall determine, based on a review of the material, whether to sustain the decision. If the Division overturns the decision to deny, suspend, revoke, or refuse to renew the Letter of Registration, the notice or order shall be rescinded. (4) An order of denial, suspension, revocation, or refusal to renew may be appealed subject to a contested case hearing under ORS 183.310 to 183.550 if requested within 90 days of the date the order of suspension was signed or 90 days of the date that the Division sustained its decision after review under this subsection, whichever comes later. Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485 Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991 History: BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018
309-060-0145 Rental Agreement (1) Prior to accepting compensation from any resident, the provider and the individual seeking residence at the CBSH shall both enter into a rental agreement. (2) The rental agreement must include: (a) A list of services and supports to be offered to the resident; (b) If meals are provided by the operator of the CBSH, a description of the frequency and times at which meals are provided and provisions for missed meals; (c) House rules, including any restrictions or limitations on the use of legal substances such as tobacco, alcohol, and cannabis; (d) Provisions for the documentation of all compensation received from a resident and a record of all compensation paid to a resident; and (e) If the resident chooses to have the provider act as representative payee for the payment of the resident’s Social Security benefits, the rental agreement shall indicate this choice. (3) The rental agreement must comply with ORS chapters 90 “Residential Landlord and Tenant” and 91 “Tenancy”. (4) Nothing in the rental agreement must conflict with ORS 443.880 and 443.881. (5) The provider shall maintain a record of the original signed rental agreement for each resident and provide a copy of the rental agreement to each resident. (6) The rental agreement may not contain any promise to provide any services and supports that fall within the definition of care specified in these rules. Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485 Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991 History: BHS 43-2023, amend filed 12/22/2023, effective 01/01/2024 BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018
309-060-0150 Program Staff Requirements (1) The provider must maintain one or more program staff for every sixteen residents. (a) The provider must take appropriate steps to hire program staff that are culturally and linguistically appropriate for the population served by the CBSH. (b) Program staff are not required to live on premises. (c) The provider is not required to maintain staffing 24 hours a day. (d) The provider must notify residents in writing of the hours and days that program staff will be on-site and/or on duty. (2) The applicant, facility manager if applicable, and each program staff must pass criminal records check in accordance with OAR chapter 943, division 007 prior to providing any services and supports to a resident. (3) Providers, facility managers if applicable, and program staff may not provide any services and supports to any resident prior to acquiring documented education, experience, or receiving supervised training designed to impart the basic knowledge and skills necessary to maintain the health, safety, and welfare of residents with mental health or substance use disorders. Necessary skills or topics must include but may not be limited to: (a) Physical caregiving; (b) Screening for care and service needs; (c) Appropriate behavior towards residents with physical, cognitive, and emotional disabilities; (d) Emergency procedures; (e) Medication support; (f) If the CBSH facility provides meals to residents, meal planning, food preparation and storage; (g) Issues related to architectural accessibility; (h) Mandatory abuse reporting; and (i) In-Person First Aid and CPR Training. (4) Facility managers: (a) If a provider employs a facility manager and that person leaves during the period of the registration, the provider must notify the Division immediately and identify a plan for providing services and supports to the residents; and (b) If a facility manager starts employment during the time period of registration, the provider shall submit to the Division the new facility manager’s name, address, telephone number, email address, and approved criminal records check within 14 calendar days of the hire date. Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485 Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991 History: BHS 43-2023, amend filed 12/22/2023, effective 01/01/2024 BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018
309-060-0160 Food Services (1) If meals are provided by the operator of the CBSH, meals must be served at the frequency and times described in the rental agreement and be planned and served in accordance with the recommended dietary guidelines found in the United States Department of Agriculture, Center for Nutrition Policy and Promotion: (a) The provider must consider resident preferences and requests in menu planning and reasonably accommodate dietary or religious restrictions; and (b) The provider must support residents who for health reasons are on modified or special diets. These diets shall be planned in consultation with the resident. (c) The operator of the CBSH is not required to comply with section 1 of this rule if they are not providing meals to the residents of the CBSH. (2) The provider must maintain a one-week supply of shelf-stable foods and a two days’ supply of perishable foods on site that is sufficient to feed residents in the event of an emergency. (3) An emergency supply of potable water must be available such that the provider maintains seven gallons of water per resident. (4) Food preparation areas must be clean, free of obnoxious odors, and in good repair. (5) Food storage areas and equipment shall be such that food is protected from dirt and contamination. (6) All refrigerators and freezers must have a thermometer in working order and must be maintained at 45 degrees Fahrenheit or less for refrigeration and at 0 - degree Fahrenheit or less for freezer space. (7) Poisonous or toxic materials: (a) Must be stored separately from food, equipment, or utensils and prominently and distinctly labelled for easy identification of contents; and (b) May not be used in a way that contaminates food equipment or utensils, nor used in a way that constitutes a hazard to employees or residents. (8) Equipment shall be maintained in a safe and sanitary manner: (a) Utensils, dishes, and glassware shall be maintained in a sufficient number to accommodate the registered capacity of the CBSH; and (b) Utensils, dishes, and glassware shall be washed in hot soapy water, rinsed, and stored to prevent contamination. A dishwasher with sanitation cycle is recommended. (9) Employees or residents engaged in food handling shall observe sanitary methods, including hand washing as appropriate. (10) Employees or residents with diseases that can be transmitted by foods may not be assigned to food handling duties, but may still prepare their own meals. Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485 Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991 History: BHS 43-2023, amend filed 12/22/2023, effective 01/01/2024 BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018
309-060-0165 Administration of Medication (1) Medication may not be dispensed or administered by CBSH staff. Medication may only be self-administered by the resident prescribed the medication. (2) CBSH staff may provide medication support to a resident in the self-administration of medication provided that the resident requests such assistance. (3) Medications prescribed for one resident may not be administered to or self-administered by another resident or CBSH program staff. (4) No prescription drugs shall be stored in common areas of the CBSH facility. (5) Self-Administered medications must be stored securely in the residents room to whom the medication is prescribed. Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485 Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991 History: BHS 43-2023, amend filed 12/22/2023, effective 01/01/2024 BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018
309-060-0170 Criminal and Civil Penalties (1) The Division may impose civil penalties, not to exceed $5,000 for each occurrence for: (a) Any CBHS operating without registration as required by these rules; or (b) Any CBSH in violation of ORS 443.880 or 443.881. (2) The notice must be sent by certified mail and include: (a) A reference to the particular sections of the statute, rule, ordinance, or regulation imposed; (b) A short and plain statement of the matters asserted or charged; (c) A statement of the amount of the penalty or penalties imposed; and (d) A statement of the right to request a hearing. (3) The person to whom the notice is addressed shall have ten calendar days from receipt of the notice in which to make written request for a hearing. (4) All hearings must be conducted according to the applicable provisions of ORS 183. (5) Unless the penalty is paid within ten days after the order becomes final, the order constitutes a judgement and may be recorded by the County Clerk that becomes a lien upon the title to any interest in real property owned by the person. (6) Civil penalties are subject to judicial review under ORS 183.480. (7) All penalties recovered under ORS 443.480 to 443.500 shall be paid into the State Treasury and credited to the General Fund. Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.05 & ORS 413.485 Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991 History: BHS 43-2023, amend filed 12/22/2023, effective 01/01/2024 BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018
309-065-0000 Purpose and Scope (1) These rules establish processes and procedures for outpatient behavioral health providers and residential substance use disorder (SUD) providers, delivering services that are culturally and linguistically specific, to receive enhanced payment for patients on the Oregon Health Plan. Organizations, programs and individuals that are reimbursed outside OHP's fee schedule for behavioral health services such as but not limited to Federally Qualified Health Centers (FQHC), Rural Health Clinics (RHC), and Indian Health Care Providers (IHCPs) are not eligible for enhanced fee schedule reimbursement because these services are reimbursed at a clinic-specific encounter rate. There is a small subsection of services that are outside of this clinic-specific encounter rate that are eligible to receive the enhanced payment. (2) Whether or not an organization, program or individual qualifies for enhanced payments through this program, all providers of behavioral health services are encouraged to provide culturally and linguistically specific services if they have that expertise. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: HB 5202 (2021) History: BHS 2-2025, amend filed 02/27/2025, effective 03/01/2025 BHS 13-2023, adopt filed 05/23/2023, effective 05/30/2023 BHS 21-2022, temporary adopt filed 12/02/2022, effective 12/02/2022 through 05/30/2023
309-065-0010 Definitions (1) “Culturally and linguistically specific behavioral health services” means quality mental health, substance use, problem gambling, and other behavioral health prevention, treatment, and recovery supports and services that are designed specifically for a distinct minoritized cultural community, developed based on the languages used and cultural values of the distinct minoritized cultural community and designed to elevate their voices and experiences, and that have the aim of enhancing emotional safety, belonging, and a shared collective cultural experience for healing and recovery among the distinct cultural community served. (2) “Culturally and linguistically specific behavioral health organization “means an outpatient entity or institution that is structured to provide culturally and linguistically specific behavioral health services in its entirety as evidenced by its organizational mission. (3) “Culturally and linguistically specific behavioral health program” means a division or associated component of an organization that provides culturally and linguistically specific behavioral health services as evidenced by the program mission, that exists within the subset of services provided by an organization whose mission does not focus on a distinct minoritized community. (4) “Culturally and linguistically specific behavioral health individual provider” means an independently licensed and Medicaid eligible clinician that provides culturally and linguistically specific behavioral health services, and is in private practice rather than employed by an agency. (5) “Minoritized cultural community” is a community that has experienced historical and contemporary discrimination and oppression primarily on the basis of race, ethnicity, gender identity, sexual and affectional orientation, ability status, and/or migration history. (6) “Substance Use Disorders Treatment and Recovery Services” means outpatient, intensive outpatient, and residential services and supports for individuals with substance use disorders. (7) “Indian Health Care Provider (IHCP)” means a health care program operated by the Indian Health Service (IHS) or by an Indian Tribe, Tribal Organization, or Urban Indian Organization (otherwise known as an I/T/U) as those terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. § 1603). (8) “Rural area” is an area greater than 10 miles from the center of an urban area. County with extreme access considerations: County with a population density of 10 or fewer people per square mile. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: HB 5202 (2021) History: BHS 2-2025, amend filed 02/27/2025, effective 03/01/2025 BHS 13-2023, adopt filed 05/23/2023, effective 05/30/2023 BHS 21-2022, temporary adopt filed 12/02/2022, effective 12/02/2022 through 05/30/2023
309-065-0025 Culturally and Linguistically Specific Services Program Qualifications (1) In order to qualify for culturally and linguistically specific behavioral health services enhanced payments as a program, the program must: (a) Be enrolled as an outpatient Medicaid Behavioral Health provider with the Oregon Health Authority (OHA) that is not prohibited by law from receiving the enhanced payment; (b) Submit a complete application to the Oregon Health Authority (OHA). (c) Demonstrate the ability to serve a distinct minoritized cultural community: and (d) Be primarily staffed and render services provided by people that have extensive experience working with or being immersed in the same minoritized cultural community being served; or (e) Have a history of at least five years primarily serving the specified minoritized cultural community in a behavioral health setting. (2) To demonstrate the ability to serve a distinct minoritized cultural community under (1) (c) of this rule , a program must provide information that shows the following: (a) Comprehensive knowledge of diverse lived experiences held by the minoritized cultural community being served including, but not limited to, their experiences of structural and individual racism, minoritization or discrimination that may have an impact on the community’s collective mental health and wellbeing. (b) Knowledge of specific behavioral health inequities documented in the minoritized cultural community being served, which may be addressed by the culturally and linguistically specific service program. (c) A practice of supporting and affirming cultural and language practices of the minoritized cultural community being served, such as but not limited to: (A) Health and safety beliefs, or practices; (B) Positive cultural identity, pride, or resilience; (C) Immigration dynamics; or (D) Religious beliefs. (d) A demonstrated ability to support and affirm clients experiencing intersectional oppression in the provision of services. The ability to support and affirm the unique needs of clients experiencing intersectional oppression may be evidenced through details of established collaboration with other culturally specific providers, details of dedicated spaces or groups provided for clients experiencing intersectional oppression, or any other supporting information. (3) The information required to be provided under section (1)(b) through (e) and (2) of this rule must include documentation of the organization’s culturally specific focus demonstrated in a mission statement, vision statement, or other public-facing document. Supporting information can also include but is not limited to: (a) Documentation detailing policies and procedures. (b) Documentation of staff training requirements and any resulting certifications. (c) A narrative that details the organization or program’s, strategic plan or history and experience, including specific examples, without identifying any individual clients. Statutory/Other Authority: 413.042 Statutes/Other Implemented: HB 5202(2021) History: BHS 13-2023, adopt filed 05/23/2023, effective 05/30/2023
309-065-0030 Culturally and Linguistically Specific Services Individual Qualifications (1) In order to qualify for culturally and linguistically specific behavioral health services enhanced payments, individual behavioral health providers must: (a) Be enrolled as an outpatient Medicaid Behavioral Health provider with the Oregon Health Authority (OHA). (b) Submit a complete application to the Oregon Health Authority (OHA). (c) Demonstrate the ability to serve a distinct minoritized cultural community. (2) To demonstrate the ability to serve a particular minoritized community under (1) (b) of this rule , an individual behavior health provider must provide information that shows the following: (a) Comprehensive knowledge of diverse lived experiences held by the minoritized cultural community being served including, but not limited to, their experiences of structural and individual racism, minoritization or discrimination that may have an impact on the community’s collective mental health and wellbeing. (b) Knowledge of specific behavioral health inequities documented in the minoritized cultural community being served, which may be addressed by the culturally and linguistically specific service provider; (c) A practice of supporting and affirming cultural and language practices for the minoritized cultural community being served, such as but not limited to: (A) Health and safety beliefs or practices; (B) Positive cultural identity, pride, or resilience; (C) Immigration dynamics; or (D) Religious beliefs. (d) A demonstrated ability to support and affirm clients experiencing intersectional oppression in the provision of services. The ability to support and affirm the unique needs of clients experiencing intersectional oppression may be evidenced through details of established collaboration with other culturally specific providers, details of dedicated spaces or groups provided for clients experiencing intersectional oppression, or any other supporting information ; and (e) Have extensive experience working with or being immersed in the same minoritized cultural community being served, or, if not immediately immersed in the same community served, have5 or more cumulative years of service provision to the identified minoritized cultural community they are serving. (3) The information required to be provided under section (1)(c) and (2) of this rule can include, but is not limited to: (a) A resume or curriculum vitae detailing academic credentials, relevant course work or certifications; or (b) A narrative that details the individual’s professional history and experience, including specific examples, without identifying clients. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: HB 5202 (2021) History: BHS 13-2023, adopt filed 05/23/2023, effective 05/30/2023 BHS 21-2022, temporary adopt filed 12/02/2022, effective 12/02/2022 through 05/30/2023
309-065-0040 Bilingual Service and Sign Language Provider Qualifications (1) Individual providers who deliver direct care services in a language other than English or in sign language may be eligible to receive enhanced payments for direct care services delivered in a language other than in English, or in sign language. Oral or sign language interpretation is not eligible for this enhanced payment. (2) In order to qualify for enhanced payment, a direct care behavioral health provider must: (a) Be enrolled as a Medicaid Behavioral Health provider with the Oregon Health Authority (OHA); (b) Be a Bilingual service provider and identify the language(s) other than English that the provider uses in providing direct care services to clients that speak the language(s); (c) For bilingual service providers, provide: (A) Proof of having passed a language proficiency assessment by an OHA approved language proficiency testing center in the last three years for the language(s) identified; or (B A narrative detailing how proficiency in the language was acquired, such as growing up in a home where this language was the primary language used if no language proficiency assessment is available in a particular language. (d) For providers using Sign Language, provide: (A) Proof of current sign language interpreter certification from an OHA approved sign language interpreter testing center; or (B) A narrative detailing how proficiency was acquired in sign language, such as growing up in a home where sign language was the primary language used. (3) Nothing in this rule is intended to exempt a health care provider from complying with ORS 413.559 and OAR 950-050-0160. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: HB 5202 (2021) History: BHS 13-2023, adopt filed 05/23/2023, effective 05/30/2023 BHS 21-2022, temporary adopt filed 12/02/2022, effective 12/02/2022 through 05/30/2023