415-012-0010 Definitions (1) "Applicant" means any individual or entity who has requested, in writing, a license. (2) "Community Mental Health Program (CMHP)" means the organization of various services for individuals with a mental health diagnosis or addictive disorders, operated by or contractually affiliated with a local mental health authority and operated in a specific geographic area of the state under an agreement with the Division pursuant to OAR chapter 309, division 14. (3) "Contract" means the document describing and limiting the relationship and respective obligations between an organization other than a county and the Division for the purposes of operating a substance use disorder or problem gambling service within a county's boundaries, or operating a statewide, regional, or specialized service. (4) “Coordinated Care Organization (CCO)” means an entity that has been certified by the Authority to provide coordinated and integrated health services. (5) “Division” means the Health Systems Division of the Oregon Health Authority or its designee. (6) “Individual” means the individual requesting or receiving services addressed in these rules. (7) "Intergovernmental Agreement" or "Agreement" means the document describing and limiting the contractual relationship and respective obligations between a county or other government organization and the Division for the purpose of operating a substance use disorder or problem gambling service. (8) "License" means a license issued by the Division to applicants who are in substantial compliance with applicable administrative rules for substance use disorder or problem gambling treatment in a residential setting and that is renewable every two years. (9) “Licensed Child Care Facility” means a facility licensed under ORS 657A.280. (10) "Non-Funded Provider" means an organization not contractually affiliated with the Division, a CCO, a CMHP, or other Division contractor. (11) “Plan of Correction” (POC) means a written plan and attached supporting documentation created by the provider when required by the Division to address findings of noncompliance with these rules or applicable service delivery rules. (12) "Provider" means an organization licensed under these rules to provide substance use disorder or problem gambling prevention, intervention, or treatment services under contract with the Division or under subcontract with a local entity or public body or otherwise receiving public funds for these services. (13) "Provisional" means a license issued for one year or less pending completion of specified requirements because of substantial failure to comply with applicable administrative rules. (14) "Quality Assurance" means the process of objectively and systematically monitoring and evaluating the quality and appropriateness of care to identify and resolve identified problems. (15) "Restriction" means any limitations placed on a license such as age of individuals or number of individuals to be served. (16) "Revocation" means the removal of authority for a provider to provide certain services under a license. (17) “School Attended Primarily by Minors” means an existing public or private elementary, secondary, or career school attended primarily by individuals under age 18. (18) "Service Element" means a distinct service or group of services for individuals with substance use or problem gambling disorders defined in administrative rule and included in a contract or agreement issued by the Division. (19) "Substantial Compliance" means a level of adherence to applicable administrative rules that, even if not meeting one or more of the requirements, does not in the determination of the Division: (a) Constitute a danger to the health or safety of any individual; (b) Constitute a willful, repeated, or ongoing violation of administrative rules; or (c) Prevent the accomplishment of the state's purposes in approving or supporting the applicant or provider. (20) "Substantial Failure to Comply" means a level of adherence to applicable administrative rules, statutes, and regulations that, in the determination of the Division: (a) Constitutes a danger to the health, welfare, or safety of any individual or to the public; (b) Constitutes a willful, repeated, or ongoing violation of administrative rules; or (c) Prevents the accomplishment of the state’s purposes in approving or supporting the applicant or provider. (21) "Suspension" means a temporary removal of authority for a provider to operate under a license issued under OAR chapter 415, division 012. (22) "Temporary" means a license issued for 185 days to a program approved for the first time. A temporary license may not be extended. (23) "Variance or Exception" means a waiver of a regulation or provision of these rules granted by the Division upon written application. Statutory/Other Authority: ORS 413.042 & ORS 430.256 Statutes/Other Implemented: ORS 430.010 - 430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400 History: ADS 4-2018, amend filed 05/10/2018, effective 05/10/2018 ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 ADS 2-2017, f. 6-29-17, cert. ef. 7-1-17 ADS 1-2017(Temp), f. & cert. ef. 2-2-17 thru 7-31-17 ADS 8-2016, f. & cert. ef. 12-14-16 ADS 2-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 ADS 4-2013, f. & cert. ef. 5-3-13 ADS 2-2013(Temp), f. & cert. ef. 1-14-13 thru 7-12-13 ADS 2-2008, f. & cert. ef. 11-13-08 ADAP 1-2001, f. 3-29-01, cert. ef. 4-1-01 ADAP 2-1993, f. & cert. ef. 11-5-93