justicedao/ipfs_state_laws huggingface dataset:
309-011-0055 Responsibilities (1) The board shall assist the Division in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health programs, in accordance with ORS 430.630. (2) The board shall study the problems of mental health services, and developmental disabilities services and make recommendations for the development of policies and procedures with respect to these programs. (3) The board shall review state laws and legislative concepts relative to state mental health services and developmental disabilities services programs. (4) The board shall review and consider funding of state mental health services, and developmental disabilities services programs and make recommendations. (5) The board shall advise the Administrator on the relationship of mental health and developmental disability programs to other state, local and private services and make recommendations for collaborative or joint program developments. (6) The board shall serve as a consulting body to the Administrator. (7) The board shall encourage public understanding and acceptance of state mental health services, and developmental disabilities services programs. Statutory/Other Authority: ORS 413.042 & 430.050 Statutes/Other Implemented: 430.050 & 430.630 History: MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82
309-011-0105 Purpose (1) The purpose of OAR 309-011-0105 to 309-011-0115 is to establish the standards by which the Health Systems Division approves payments to licensed residential programs funded by the Division for adults diagnosed with mental health disorders. (2) OAR 309-011-0105 to 309-011-0115 facilitate a system of residential services and supports driven by individual needs promoting recovery and wellness. Statutory/Other Authority: ORS 430.210, 413.042 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.460 & 443.991 History: BHS 3-2019, minor correction filed 03/06/2019, effective 03/06/2019 BHS 2-2019, amend filed 02/08/2019, effective 02/08/2019 BHS 20-2018, temporary amend filed 08/13/2018, effective 08/13/2018 through 02/08/2019 MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10
309-011-0115 Provider Compensation (1) Residential Program providers shall be compensated for services as defined in OAR 410-172-0710 to 410-172-0730. (2) Individuals absent from a residential program on activities under the supervision of the program staff shall be considered as occupying their designated living space. (3) The Division may make a Reserved Service Capacity Payment (RSCP) due to: (a) An individual’s admission to an acute care hospital, (b) An individual’s admission to a respite facility to avoid re-hospitalization or revocation of a conditional release order, (c) An Order of Revocation issued by the Psychiatric Security Review Board (PSRB), (d) An individual awaiting a court proceeding, a PSRB hearing, or for conditional release. (e) Facilitating a planned transfer from a hospital, another residential setting, jail; or (f) Temporary displacement due to unforeseen circumstances. (4) In order to receive such funding, the provider must: (a) Notify the Division within 48 hours by submitting an (RSCP) Request form via email to: car.amh@state.or.us. Upon receipt of the form, the Division shall review and respond by email within two business days of receiving the request, or as soon as possible thereafter. (b) Receive final approval from the Division prior to receiving such payment. RSCP approvals are subject to correction or denial upon secondary review by the Division, if the approval is inconsistent with this rule or Division policy. (c) For payment request, submit a contract amendment request (CAR) and the approved RSCP request form with the Client Status portion completed at the end of each approval period, as noted on the Division’s initial RSCP request response; and (d) Use policies, procedures, and forms prescribed by the Division for the notification and request for payment. (5) All Residential Program living spaces funded by the Division shall be available to any consumer approved by the Division without regard to their population designation or County of Responsibility. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 430.210, 443.400 - 443.460 & 443.991 History: BHS 5-2019, minor correction filed 03/07/2019, effective 03/07/2019 BHS 2-2019, amend filed 02/08/2019, effective 02/08/2019 BHS 20-2018, temporary amend filed 08/13/2018, effective 08/13/2018 through 02/08/2019 MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10
309-011-0120 Purpose These rules prescribe standards to be implemented by the Addictions and Mental Health (AMH) Division in order to establish the Self-Determination Policy as used in ORS 430.071. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 430.078 History: MHS 17-2012, f. & cert. ef. 12-28-12 MHS 10-2010, f. & cert. ef. 7-22-10
309-011-0125 Definitions As used in these rules: (1) "Director" means the Director of the Addictions and Mental Health (AMH) Division of the Oregon Health Authority (Authority), or his or her designee. (2) "Consumer” means a person who has received or is receiving mental health or addiction services. (3) "Consumer Advisory Council" means the council appointed by the Assistant Director to advise the Division on the provision of mental health services. (4) "Division" means the Addictions and Mental Health (AMH) Division of the Oregon Health Authority. (5) “Olmstead v. L.C.” means the 1999 Supreme Court decision under which states are required to place persons with disabilities in community settings rather than in institutions when the State’s treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual and the placement can be reasonably accommodated, taking into account the resources of the State and needs of others with disabilities. (6) As used in ORS 430.075, these terms have the following meanings: (a) "Task force" means a group or committee, usually composed of experts or specialists, formed for analyzing, investigating, or solving a specific problem or objective; (b) "Commission" means a group of individuals that meet on a regular basis, and that are officially authorized to perform certain duties or functions; (c) "Advisory group" means a collection of individuals who bring unique knowledge and skills, and who are appointed to support a particular service or function, or to investigate, report on, or act upon a particular matter; and (d) "Committee" means a body of persons that are officially delegated or assigned to consider, investigate, act on, or report on a particular service or function. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 430.078 History: MHS 17-2012, f. & cert. ef. 12-28-12 MHS 10-2010, f. & cert. ef. 7-22-10
309-011-0130 Policy The Addictions and Mental Health (AMH) Division shall adopt a policy that supports and promotes self-determination for persons receiving mental health services. The policy shall be designed to remove barriers that: (1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and (2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 430.078 History: MHS 17-2012, f. & cert. ef. 12-28-12 MHS 10-2010, f. & cert. ef. 7-22-10
309-012-0030 Purpose and Statutory Authority (1) Purpose. Individuals admitted to the Division institutions are liable for the full cost of their care, but are required to pay only what they are able to pay. This rule establishes guidelines for determining a person’s ability to pay for the cost of care in a state institution. (2) Statutory Authority. This rule is made necessary by ORS 179.610, authorized by ORS 413.042 and carries out the provisions of ORS 179.610 to 179.770. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 9-1991, f. 12-13-91, cert. ef. 12-16-91 MHD 14-1980, f. & ef. 6-24-80 MHD 5-1980(Temp), f. & ef. 4-18-80
309-012-0032 Requirements for Obtaining Financial Information (1) Information Obtained from the Person and/or the Person’s Representative. The Division shall require the person and/or the person’s representative to submit financial information on forms provided by the Division. Financial information required by the Division shall include, but shall not be limited to the following: (a) A description of the person’s assets, and their values; (b) A description of the person’s liabilities, the dates they were incurred, the total amounts owing, and a schedule of actual or planned payment dates and amounts; (c) The sources and amounts of the person’s income; (d) The sources of available benefits from health insurance; (e) A description and the amounts of the person’s expenses; (f) The names and ages of any dependents, and the sources and amounts of income and assets, other than those of the person, which are available for their support; and (g) The income, assets, and liabilities of the person’s spouse or other individual who shares the person’s expenses; (h) Other information the person and/or the person’s representative considers important to the determination of the person’s ability to pay. (2) Information Obtained from Other Sources. In addition, the Division may obtain financial information regarding the person from other sources the Division considers to be reliable. These sources may include, but are not limited to, the Social Security and Veterans Administrations, Oregon Department of Revenue, and other Oregon Health Authority agencies. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 9-1991, f. 12-13-91, cert. ef. 12-16-91 MHD 14-1980, f. & ef. 6-24-80 MHD 5-1980(Temp), f. & ef. 4-18-80
309-012-0034 Delivery of Ability-to-Pay Orders and Factors Relating to Appeals (1) Delivery to the Person — The original Ability-to-Pay Order shall be delivered to the person, unless the person has an authorized representative. (2) Delivery to the Authorized Representative — If the person has an authorized representative, the original Ability-to-Pay Order shall be delivered to the authorized representative, and a copy shall be delivered to the person. Any Ability-to-Pay Order delivered to an authorized representative shall include an explanation of the Division’s right to demand payment of the charges assessed by the Order, and the consequences to the authorized representative of failing to comply, as provided by ORS 179.653. (3) Appeal Rights — The Ability-to-Pay Order shall include an explanation of the person’s right to appeal the determination set forth by the Order. (4) Successor Authorized Representative — If the person’s authorized representative does not pay or appeal the charges assessed by an Ability-to-Pay Order, and he or she is subsequently replaced by a new authorized representative, the successor authorized representative shall be provided with the opportunity to either pay the assessed charges, or to appeal the determination set forth by the Order. The Division will take the following actions when notified there is a successor authorized representative: (a) Deliver copies of all Ability-to-Pay Orders not fully paid to the successor authorized representative with a letter which describes the delivery of the Order(s) to the previous authorized representative(s), and any actions taken by the previous representative(s) with regard to the Order(s); (b) Include with the Order copies, an explanation of the successor authorized representative’s right to appeal the determination(s) set forth by the Ability-to-Pay Order(s). (5) Resolving Appeals — If the person or the person’s authorized representative appeals a determination set forth by an Ability-to-Pay Order, the Division will attempt to resolve the appeal by issuing a new Ability-to-Pay Order which takes into consideration the information on which the appeal is based. If the appeal cannot be resolved by issuing a new Order, it will be addressed through the contested case appeal process. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 9-1991, f. 12-13-91, cert. ef. 12-16-91
309-012-0070 Policy (1) Requests for copies of medical records must be made in writing with proper consent and must be specific to assure that only the essential portions of the medical record are copied and released. (2) A patient or resident shall not be denied access to the medical record because of inability to pay. The patient may review his or her record in the Medical Record Department at no charge. (3) A copy of the most recent release summary shall be furnished free of charge to authorized persons or agencies providing follow-up care. (4) A copy of required portions of medical records may be provided without charge to the following agencies and individuals. When a substantial part or all of a medical record is requested, the Division may charge for copies in accordance with OAR chapter 943-003: (a) Community mental health programs; (b) Courts; (c) Hospitals; (d) Individuals or agencies providing follow-up care for the patient; (e) Insurance carriers paying for patient's or resident's care; and (f) Physicians. (5) All other requests for public records shall be charged in accordance with OAR 943-003. Statutory/Other Authority: ORS 179.770, 413.042 & 431.120 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHS 4-2007, f. & cert. ef. 5-25-07 MHD 10-1983, f. & ef. 6-8-83 MHD 2-1983(Temp), f. & ef. 2-18-83
309-012-0100 Purpose and Statutory Authority (1) Purpose. These rules establish the amount of earned income the Division excludes when calculating ability-to-pay for cost of care at a mental health institution. The purpose of this earned income exclusion is to reduce the disincentive to work for patients and residents. (2) Statutory Authority. These rules are authorized by ORS 413.042 and carry out the provisions of ORS 179.770. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 11-1985, f. & ef. 6-19-85
309-012-0105 Definitions As used in these rules: (1) “Earned Income” means money received by a patient or resident in a mental health institution in return for services rendered, while receiving care or treatment at the institution. (2) “Mental Health Institution” means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training Center in Salem, and Eastern Oregon Psychiatric Center and Eastern Oregon Training Center in Pendleton. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 11-1985, f. & ef. 6-19-85
309-012-0110 Earned Income in Calculation of Ability-to-Pay The Division includes earned income as income in the calculation of ability-to-pay, as described in OAR 309-012-0030. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 11-1985, f. & ef. 6-19-85
309-012-0115 Earned Income Exclusion The Division allows a patient or resident to retain a portion of any income earned while in a mental health institution. The amount of earned income to be excluded in the calculation of ability-to-pay is determined by subtracting $65 from earned income. An additional $25 will be subtracted from the total income (both earned and unearned) as an allowance for personal need. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 History: MHD 11-1985, f. & ef. 6-19-85
309-012-0235 Termination of Relative Foster Care Funding (1) This rule is adopted in coordination with the Oregon Health Authority’s (Authority) work with counties to transition participating individuals from relative adult foster care to Medicaid-funded services or other available programs. (2) Effective December 31, 2017, the Authority shall no longer fund relative adult foster care directly or through Service Element 34A of its contracts with community mental health programs. (3) Relative adult foster care does not include the services provided in licensed adult foster homes pursuant to OAR chapter 309, division 040. Statutory/Other Authority: ORS 413.042 & ORS 430.640 Statutes/Other Implemented: ORS 413.042 & ORS 430.610-430.651 History: MHS 16-2017, adopt filed 12/26/2017, effective 12/31/2017 MHS 14-2017, temporary adopt filed 11/21/2017, effective 11/21/2017 through 05/19/2018
309-013-0035 Purpose and Statutory Authority (1) Purpose. The Pay for Patient and Resident Workers Program was established to support the goals or the patient’s or resident’s treatment/training plan. These rules establish standards and procedures for administering the agency payroll system for patient and resident workers in state institutions. (2) Statutory Authority. These rules are authorized by ORS 413.042, and carry out the provisions of ORS 179.440, 426.385 and 427.031. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 & 179.440 History: MHD 2-1985, f. & ef. 2-7-85 MHD 2-1981, f. & ef. 6-25-81
309-013-0040 Definitions As used in these rules: (1) “Appointment Notice” means the form used at the institution to enter a patient or resident worker into the agency payroll system. (2) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (3) “Patient Worker” means a person in a state institution for the mentally or emotionally disturbed who performs work for pay that is of therapeutic benefit to the patient. (4) “Resident Worker” means a person in a state institution for the mentally retarded and other developmentally disabled who performs work for pay that is of training benefit to the resident. (5) “State Institution” means all Oregon State Hospital campuses. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 & 179.440 History: BHS 2-2021, amend filed 01/15/2021, effective 01/15/2021 BHS 7-2020, temporary amend filed 04/21/2020, effective 04/21/2020 through 10/17/2020 MHD 2-1985, f. & ef. 2-7-85 MHD 2-1981, f. & ef. 6-25-81
309-013-0045 Wage Standards (1) State institutions shall ensure a fair and equitable system to calculate reasonable compensation for work performed by patient and resident workers. (a) The compensation rate shall reflect the community pay rates for similar jobs; (b) Be calculated using labor market information through Oregon Employment Department; and (c) Be adjusted annually by January 31 of each year. (2) Patients and residents will be allowed, upon request, to review their record used to calculate their reasonable wage. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 & 179.440 History: BHS 2-2021, amend filed 01/15/2021, effective 01/15/2021 BHS 7-2020, temporary amend filed 04/21/2020, effective 04/21/2020 through 10/17/2020 MHD 2-1985, f. & ef. 2-7-85 MHD 2-1981, f. & ef. 6-25-81
309-013-0055 Hiring Procedure (1) Prior to employment, all patient and resident workers must be informed verbally, and in writing, of their rights with respect to their working relationship with the state institution. Those rights are as follows: (a) To receive reasonable compensation for all work performed, other than personal housekeeping chores; (b) To receive overtime compensation for work performed in excess of an eight hours per day or 40 hours per week; (c) To refuse any work except personal housekeeping chores and, that which is essential for their treatment or training; (d) To review their productivity rating if less than 100 percent. (2) The institution must complete an appointment notice for each patient and resident worker. (3) Each patient worker and resident worker must complete a Form W-4. (4) Each patient and resident worker without a Social Security number must apply for and receive one prior to employment. (5) Each patient and resident worker who receives Social Security benefits (SSI or SSD), or is eligible for Title XIX, must be informed that an earnings record will be sent to those offices for possible payment adjustment. (6) Each patient and resident worker under 18 years of age must have a work permit prior to employment. (7) If applicable, the patient or resident worker must sign, in the presence of a witness, the Notice to Patient/Resident Worker form, (MHD-ADM-0169), prior to beginning work. No billing for cost of care based on agency earnings will predate the delivery of this notice. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 & 179.440 History: MHD 2-1985, f. & ef. 2-7-85 MHD 2-1981, f. & ef. 6-25-81
309-013-0060 Payroll Procedure (1) Each state institution will use a gross payroll system for processing the agency payroll for patient and resident workers. Biennial budgets for agency payroll will be based on expected gross payroll expenses. (2) The work supervisor will keep a record of each patient or resident worker’s work times and/or specific tasks completed. (3) Each institution shall adopt written procedures, approved by the Division Administrator, to prepare, distribute, and account for agency payroll payments. (4) Payroll records will be maintained in accordance with the appropriate record retention requirements of the Secretary of State’s Archives Division. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 & 179.440 History: MHD 2-1985, f. & ef. 2-7-85 MHD 2-1981, f. & ef. 6-25-81
309-013-0075 Purpose and Statutory Authority (1) Purpose. These rules prescribe procedures for handling cases of fraud and embezzlement involving Division employees working in the central office or state institutions, persons working under personal service contracts with the Division, and service providers and subcontractors of service providers contracting with the Division. (2) Statutory Authority. These rules are authorized by ORS 179.040 and 413.042, and carry out the provisions of 430.021(2). Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 430.021 History: MHD 18-1982, f. & ef. 8-6-82
309-013-0080 Definitions As used in these rules: (1) “Central Office” means all organizational elements of the Addictions and Mental Health Division which are not a part of a state institution. (2) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (3) “Embezzlement” means any action to willfully take or convert to one’s own use, money or property of another, which the wrongdoer acquired lawfully through some office or employment or position of trust. (4) “Fraud” means any action by an individual to knowingly, willfully and with deceitful intend take or use for their own personal gain money or property which does not belong to them. (5) “Service Provider” means a public or private community agency or organization that provides a particular mental health service (such as preschool services for the developmentally disabled, a detoxification center, or a day treatment program) approved by the Division. An agency organization may provide more than one service element, and more than one agency or organization in a county may provide the same service element. (6) “State Institution” means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training Center in Salem, and Eastern Oregon Hospital and Training Center in Pendleton. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 430.021 History: MHD 18-1982, f. & ef. 8-6-82