309-019-0241 Modification Requests to Existing Certification& Substitution Alternatives (1) The Division may at its discretion, grant a waiver or variance of minimum ACT fidelity requirements and extend an ACT program’s certification period if the identified substitution or modification or program operations does not diminish the effectiveness of the ACT model, violate the purposes of the program, or adversely affect the program participants’ health and welfare: (2) Waivers and Variances shall not be granted if they are inconsistent with the individual participant’s rights per OAR 309-019-0115 or any federal, state, or local laws and regulations; (3) The Division shall review waivers and variances based on minimum fidelity requirements on a case-by-case basis. (4) Waivers will be requested no later than the date of the fidelity follow up meeting per OAR 309-019-0240. The Division Designee will provide the appropriate form with instructions & deadline to submit Waiver request back to Division Designee. (5) If the Waiver is approved by the Division, the provider will remain eligible to receive Medicaid and State General Fund reimbursement for ACT services as long as the provider engages and makes efforts to comply with technical assistance guidance by both the Division Approved Reviewer and Division Designee (6) If the Waiver is approved, the extension to accreditation may not exceed 180 calendar days. As part of approval, the Division will acknowledge in writing that the 90-day re-review requirement in OAR 309-019-0240 will be suspended. (a) At the end of the 180-day waiver period, the Division Approved Reviewer shall conduct a fidelity re-review of all areas on initial fidelity report that had a two or below rating and any areas that are out of compliance with OAR’s 309-019-0225 through 0255. (b) If the program achieves the minimum rating on this fidelity re-review and meets the requirements of all applicable statutes, administrative rules or other regulations, the Division shall renew ACT Accreditation per OAR 309-019-0240. (7) A waiver of minimum fidelity requirements may only be granted to ACT programs one time during their renewal of accreditation. (8) If a program does not meet fidelity after a Waiver period the Division may immediately suspend or revoke certification. (9) A Variance to communicate a modification or adaption to ACT operations must be done as a proactive step in order for the program to maintain the quality and integrity of ACT model standards as laid out in OAR’s 309-019-0225 through 0255. (10) A Variance can be used to substitute core staffing and/or contract core staffing needs per OAR 309-019-0226 (1) & (2) and If a program does formulate a contract with a separate entity for core staffing positions to fulfill the ACT fidelity standards, a Variance must be submitted to Division within 30 calendar days of known agreement to ensure to identify ACT Multidisciplinary team includes external partners. The Variance submission should not include copies of private contracts or MOUs for ACT substitutions. (11) A Variance submission must be submitted in at least 30 days prior to a scheduled fidelity review. (12) The ACT Provider must be in good standing with Certificate of Approval per chapter 309, division 008 to be approved for a Variance. (13) Variance approval period cannot exceed one calendar year. Statutory/Other Authority: ORS 413.042, 430.256 & 430.640 Statutes/Other Implemented: ORS 430.010, 430.205- 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168 History: BHS 29-2025, amend filed 12/29/2025, effective 01/01/2026 BHS 17-2025, amend filed 06/25/2025, effective 06/29/2025 BHS 32-2024, temporary amend filed 12/27/2024, effective 01/01/2025 through 06/29/2025 BHS 44-2023, amend filed 12/22/2023, effective 01/01/2024 MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17