justicedao/ipfs_state_laws huggingface dataset:
309-035-0275 Suspension of License (1) The Division may immediately suspend a license for reason of abuse, neglect, or exploitation of a resident if: (a) The Division finds that the abuse, neglect, or exploitation causes an immediate threat to a resident ; or (b) The provider fails to operate the program in substantial compliance with ORS 443.400 to 443.465 causing an immediate threat to the health, safety or well-being of a resident . (2) The Division must suspend a license upon written notice from the Oregon Department of Revenue in accordance with ORS 305.385, and after notice to the provider and a hearing if requested. (3) If a license is suspended, the Division may arrange for resident to move for their protection. (4) The provider may request a hearing in writing within 90 calendar days after the date the notice was personally served or mailed. If the provider fails to request a hearing in writing, or the request is not timely, the notice will become a final order of the Division by default. (5) In addition to, or in-lieu of, a contested case hearing, a provider may request an informal conference with the Division to discuss the administrative action. The informal conference does not diminish the provider’s right to a hearing. A request for informal conference does not delay, extend, or otherwise affect the 90 calendar days allowed to request a hearing. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025
309-035-0281 Removal of Residents (1) The Division may order the removal of residents from a program to an alternative placement on the following grounds: (a) When a violation of these rules is not corrected after time limit specified in notice; (b) There is a violation of a resident’s rights; (c) The number of residents currently in the program exceeds the maximum licensed capacity of the program; (d) The program is operating without a license; (e) There is evidence of abuse of a resident that presents a serious and immediate danger to residents. (f) A final order of revocation or non-renewal has been issued to the provider; or (g) The provider’s license to operate the program has been suspended. (2) The CMHP must provide the resident assistance in locating and visiting alternative placements, if needed, and explain the resident’s right to contest the move. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991 History: BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025
309-036-0100 Statement of Purpose These rules prescribe standards for the development, renovation, and administration of the Community Mental Health Housing Program and the Community Mental Health Housing Fund under ORS 426.502–426.508. The Oregon Health Authority (Authority) through its Health Systems Division (Division) shall administer the Community Mental Health Housing Fund, supported in part by the Community Housing Trust Account. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 426.502–426.508 History: BHS 13-2018, amend filed 06/05/2018, effective 06/05/2018 BHS 12-2018, amend filed 05/30/2018, effective 06/01/2018 MHS 7-2010, f. & cert. ef. 6-7-10 MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
309-036-0120 Funds for Institutional Housing (1) The institutional housing to be assisted with 30 percent of interest earnings from the Community Housing Trust Account and any other funds restricted to institutional housing purposes shall be for occupancy by individuals with serious and persistent mental illness. (2) The Division's Director or designee shall identify annually the amount of funds available in the Community Mental Health Housing Fund for institutional housing purposes: (a) The superintendents of the state psychiatric hospital facilities shall submit prioritized requests for funding of institutional housing improvements to the Director or designee. The Director or designee shall create an allocation plan based on a consolidated prioritized list of requests; (b) As funds become available, they shall be distributed to state psychiatric hospital facilities for improvements in accordance with the allocation plan. (3) The Community Mental Health Housing Fund Advisory Committee shall review the allocation plan and make recommendations to the Director regarding distribution of funds for institutional housing purposes; the Director shall make the final funding decisions. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 426.502–426.508 History: BHS 13-2018, amend filed 06/05/2018, effective 06/05/2018 BHS 12-2018, amend filed 05/30/2018, effective 06/01/2018 MHS 7-2010, f. & cert. ef. 6-7-10 MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
309-036-0135 Monitoring of Community Housing Awarded Financial Assistance (1) The Division shall confirm annually, or more frequently at its discretion, that the community housing developed with financial assistance from the Division continues to operate according to the agreed terms of the financial assistance. (2) If the Division determines that the community housing is not operating according to the agreed terms, the owner shall be provided with an opportunity for remedy. If the remedy proves unsuccessful, the Division shall consider the project in default. (3) A project shall be considered in default when it is no longer operated consistent with the terms of the financial assistance after the operator has been provided an opportunity for remedy. When a project is in default, the Division shall take action to recover any payment or settlement owed per the terms of the executed security document or contractual agreement. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 426.502–426.508 History: BHS 13-2018, amend filed 06/05/2018, effective 06/05/2018 BHS 12-2018, amend filed 05/30/2018, effective 06/01/2018 MHS 7-2010, f. & cert. ef. 6-7-10
309-036-0140 Community Mental Health Housing Fund Advisory Committee (1) The Community Mental Health Housing Fund Advisory Committee (CMHHFAC) shall be comprised of not less than 11 members who shall be appointed by the Director or designee. Each member shall be appointed for a term of four years. Members may be reappointed for two additional four-year terms. (2) CMHHFAC members shall consist of at least one Division employee who shall be responsible for convening the committee. The Division shall provide clerical support. Additional members shall include but not be limited to at least one state psychiatric hospital representative, three consumer advocates, one family advocate, one representative from the Housing and Community Services Department, one community mental health service provider, one nonprofit housing provider, and two members of the public at large. (3) The CMMHFAC shall meet no less than two times per year. (4) The CMHHFAC shall be responsible for: (a) Recommending an allocation plan for funding awards from the Community Mental Health Housing Fund; (b) Recommending maximum award amounts; (c) Reviewing and evaluating the award decisions for community housing and institutional housing awards and making recommendations regarding the award process; (d) Making policy recommendations for the operation and investment of the fund; and (e) Such other advisory actions as might be assigned by the Director. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 426.502–426.508 History: BHS 13-2018, amend filed 06/05/2018, effective 06/05/2018 BHS 12-2018, amend filed 05/30/2018, effective 06/01/2018 MHS 7-2010, f. & cert. ef. 6-7-10
309-039-0500 Purpose and Scope These rules apply to certifications of provider organizations that render non-inpatient mental health treatment services. The certifications exist solely for the purpose of qualifying for insurance reimbursement. Agencies that contract with the Oregon Health Authority (OHA), subcontract with OHA, or contract with a Community Mental Health Program are not eligible for the “non-inpatient” certification. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 19-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 8-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 MHS 11-2014, f. 6-17-14, cert. ef. 6-19-14 MHS 13-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14 MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-039-0520 Eligible Providers (1) Agencies that currently hold a Certificate of Approval for the provision of mental health services as a contractor of OHA, a subcontractor of OHA, or a contractor of a Community Mental Health Program, or a license to provide residential or adult foster care services, are not eligible for the “non-inpatient” certification. (2) Certification as a non-inpatient mental health provider is not a substitute for the certification and Medicaid provider enrollment processes that are required to render services to individuals enrolled in the Oregon Health Plan, or to individuals whose services are otherwise funded by the State. (3) Only providers as defined in OAR 309-039-0510(10) are eligible for approval under 309-039-0500 through 309-039-0580. An eligible provider must: (a) Control the office space, such as by owning, renting or leasing it; (b) Control the intake to the program and determine which therapist provides assessment and treatment; (c) Control all clinical records, including storage; (d) Do all the billing and collect all fees, including deductibles and co-payments; (e) Pay staff for clinical services provided; and (f) Display the provider name on the premises so as to be clearly visible to clients. (4) An individual operating as a private practitioner, whether or not a licensed business or corporation, is not eligible for approval under these rules. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 11-2014, f. 6-17-14, cert. ef. 6-19-14 MHS 13-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14 MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-039-0530 Approval Process (1) Request for initial certification or certification renewal shall be submitted to the Division compliant with the process governed by OAR 309-0080100 to 309-008-1600. In addition to the requirements set in OAR 309-008 the applicant will include with the application a check or money order in the amount of $600.00 payable to the Division. This application fee shall be non-refundable irrespective of whether the provider is issued a Certificate of Approval. (a) Any provider submitting an application for initial certification or renewal after the effective date of this rule shall pay the application and certification fees; (b) The fees shall be increased biennially at the same rate as approved by the Legislative Assembly or the Emergency Board for other services and programs of the Division. (2) A Certificate is valid for up to three years, shall be issued to the provider when the administrative and certification reviews of the program by the Division indicate the provider is in compliance with the applicable parts of OAR 309-039-0500 through 309-039-0580. The Certificate will be issued pursuant to the process governed OAR 309-008-0100 to 309-008-1600. (4) The award, renewal, and duration of Certificates of Approval as well as periodic and interim reviews, establishment of conditions, denial, revocation and hearings shall comply with OAR 309-008-0100 to 309-008-1600. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 19-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 8-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 MHS 11-2014, f. 6-17-14, cert. ef. 6-19-14 MHS 13-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14 MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-039-0540 General Standards Each provider is required to meet all applicable standards from the following standards: (1) Specific Staff Qualifications and Compentencies, detailed in OAR 309-019-0125; and (2) Personnel Documentation, Training and Supervision, detailed in OAR 309-019-0130. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 11-2014, f. 6-17-14, cert. ef. 6-19-14 MHS 13-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14 MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-039-0560 Standards for Mental Health Partial Hospitalization and Day Treatment Programs In addition to OAR 309-039-0500 through 309-039-0540, each provider operating a mental health partial hospitalization or day treatment program shall comply with the following standards: (1) Facility standards. The facility shall meet all applicable state and local fire, safety, and health standards. (2) Treatment standards. Each provider shall provide four hours a day, five days a week, structured treatment activities which address mental health conditions and which includes the following services each week: (a) Daily group therapy for mental health conditions; (b) Individual counseling with a primary therapist; (c) Family therapy, as appropriate to the individual needs of the client; (d) Psychotropic medication management or monitoring; and (e) Skills training, vocational training, socialization or structured recreational/physical fitness activities. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 11-2014, f. 6-17-14, cert. ef. 6-19-14 MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-039-0570 Standards for Mental Health Residential Programs In addition to meeting OAR 309-039-0500 through 309-039-0540 each provider operating a mental health residential program shall meet the following standards: (1) Facility standards. Each provider shall meet OAR 309-035-0100 through 309-035-0190. (2) Treatment standards. Each provider shall provide eight hours of structured services out of every 12 hours from 8 a.m. to 8 p.m. which, each week, includes: (a) Daily group therapy which addresses the mental health or nervous condition; (b) Individual counseling which addresses the mental health or nervous condition with a primary therapist two times per week; (c) Family therapy, as appropriate to the individual needs of the client; (d) Psychotropic medication management or monitoring, as appropriate to the individual needs of the client; (e) One hour per day of structured recreational/physical fitness activities; and (f) Structured skills training, vocational training, or socialization activities. (3) Treatment standards for children and adolescents: (a) Each provider shall comply with OAR 309-035-0100 through 309-035-0190; (b) Each residential facility serving children or adolescents shall meet the standards described by OAR 413-210-0100 through 413-210-0250, Standards for reviewing, inspecting and licensing those private child caring agencies which are for residential care and treatment services for children and which are subject to the provisions of ORS Chapter 418, for licensure by the Children’s Services Division. (4) Staffing standards. Each provider shall: (a) Provide staff coverage 24 hours-a-day, seven days-a-week; (b) Employ sufficient qualified mental health professionals to maintain a maximum caseload of no more than eight clients; (c) Have a mental health associate on site, and awake, from 8 p.m. to 8 a.m.; and (d) Have available a mental health professional on-call from 8 p.m. to 8 a.m. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 11-2014, f. 6-17-14, cert. ef. 6-19-14 MHS 13-2013(Temp), f. & cert. ef. 12-20-13 thru 6-18-14 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-039-0580 Variance A variance to these rules may be requested and granted to a provider via the process governed by OAR 309-008-1600. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 19-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 8-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93 MHD 4-1989, f. & cert. ef. 8-25-89 MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89
309-040-0300 Purpose and Scope (1) These rules prescribe minimum care and service standards by which the Health Systems Division (Division) of the Oregon Health Authority (Authority) licenses community-based Adult Foster Homes (AFHs) for adults with mental health conditions. The care and services standards are designed to promote the resident’s right to independence, choice, and decision making while providing a safe, secure, homelike environment. The provider must address the resident’s needs in a manner that enables the resident to function at the highest level of independence possible: (a) These rules incorporate and implement the requirements of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services for home and community-based services authorized under section 1915(i) of the Social Security Act; and (b) These rules establish requirements to ensure residents receive services in settings that are integrated in and support the same degree of access to the greater community as people not receiving these services consistent with the standards set out in Oregon Administrative Rule (OAR) chapter 411, division 004. (2) These rules apply to adult foster homes providing care and services to five or fewer adults with mental health conditions, regardless of whether the provider receives public funds. Statutory/Other Authority: ORS 413.042, 413.032 & 413.085 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 MHS 4-2012, f. 5-3-12, cert. ef. 5-4-12 MHS 11-2011(Temp), f. & cert. ef. 12-5-11 thru 5-31-12 Renumbered from 309-040-0000, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85
309-040-0310 License Required (1) In accordance with ORS 443.725, every provider of an adult foster home must be licensed by the Division before opening or operating an AFH or providing care for compensation to a resident. (a) The provider must live in the home that is to be licensed or hire a resident manager to reside in and manage the daily operations of the home at least five days per week live in the home. (b) There must be a provider, resident manager, or substitute caregiver on duty 24 hours per day in an AFH under the jurisdiction of the Division sufficient in number to meet the 24 hour needs of each resident. (c) The provider must have a written succession plan or back-up provider agreement addressing care and services for residents in the event that the provider is unable to fulfill their duties in the AFH. The succession plan must be readily available to the Division upon request. (2) A license is valid for one year unless the Division revokes the license, the provider relinquishes the license, or the provider stops operating the AFH. (3) Placement. An AFH may not accept placement of an resident without first being licensed by the Division under these rules. (4) Unlicensed AFH. No resident may be placed in an AFH that is not licensed. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0010, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85
309-040-0325 Capacity (1) The Division must determine the number of residents permitted to reside in an AFH based on the ability of the provider to meet the care needs of the residents, the fire and life safety standards, and compliance with the physical structure standards of these rules. Determination of maximum licensed capacity may include consideration of total household composition including children. Sleeping requirements for children are: (a) Sleeping arrangements for children must be safe and appropriate, based on the child's age, gender, special needs, behavior, and history of abuse and neglect ; (b) Each child must have a safe and adequate bed in which to sleep. (2) The following limits apply: (a) The maximum number of residents is limited to five; (b) In the determination of the Division, the following persons may be included in the licensed capacity of five: (A) Respite care residents; (B) Day care persons; (C) Adult family members of the provider or resident manager who need care; and (D) Child family members of the provider or resident manager who need care. (3) If the number of resident’s who receive care exceeds the ability of the provider to meet the care, health, life, and safety needs of the residents, the Division may reduce the AFH licensed capacity. (4) The Division may place conditions, restrictions, or limitations on the AFH license as necessary to maintain the health, life, and safety of the residents. (5) Providers may not exceed the licensed capacity of the AFH. However, respite care of no longer than two weeks duration may be provided an individual resident if the addition of the respite individual resident does not cause the total number of residents to exceed five. Thus, a provider may exceed the licensed number of residents by one respite individual resident for two weeks or less if approved by the CMHP or the Division, and if the total number of residents does not exceed five. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 BHS 6-2018, amend filed 03/21/2018, effective 03/30/2018 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0012, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)
309-040-0330 Zoning for Adult Foster Homes (1) An AFH is a residential use of property for zoning purposes. Under ORS 197.665, an AFH is a permitted use in any residential zone that allows a single family dwelling and in any commercial zone that allows a single family dwelling. (2) No city or county may impose any zoning requirement on the establishment and maintenance of an AFH in residential or commercial zones that is more restrictive than that imposed on a single-family dwelling in the same zone. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0100, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86