justicedao/ipfs_state_laws huggingface dataset:
944-010-0050 Ongoing Peer Counseling and Support (1) Each Behavioral Health Resource Network must provide the following ongoing peer counseling and support services, but no single funded entity is required to provide all of the services: (a) Implementation of individual intervention plans created in accordance with OAR 944-010-0040, (b) Harm reduction services as described in 944-010-0060, and, (c) Direct outreach with marginalized community members who could potentially benefit from the services described in these rules, including but not limited to services provided by: (A) Peer Support Specialists certified under OAR 950, Division 060; (B) Peer Wellness Specialists certified under OAR 950, Division 060; (C) Certified Recovery Mentors certified by the Mental Health and Addiction Certification Board of Oregon; and (D) Youth Support Specialists certified under OAR 950, Division 060. (2) When an entity is funded under ORS 430.389(2) to provide ongoing peer support, the peer support must be provided through: (a) Implementation of individual intervention plans created in accordance with OAR 944-010-0040, or (b) Harm reduction services as described in 944-010-0060; or (c) Direct outreach with marginalized community members who could potentially benefit from the services described in these rules, including but not limited to services provided by: (A) Peer Support Specialists certified under OAR 950, Division 060; (B) Peer Wellness Specialists certified under OAR 950, Division 060; (C) Certified Recovery Mentors certified by the Mental Health and Addiction Certification Board of Oregon; and (D) Youth Support Specialists certified under OAR 950, Division 060. (3) A funded entity providing ongoing peer support must have at least one hour of supervision for peers every two weeks by a qualified peer delivered services supervisor or a qualified clinical supervisor when in a clinical setting. The supervision supports provided must include guidance in the unique discipline of peer delivered services and the roles of Addiction Peer Support Specialists, Certified Recovery Mentors, and Addiction Peer Wellness Specialists. (4) Peer supports may but are not required to include employment support services. Statutory/Other Authority: ORS 430.389, 430.390, 430.391 & SB 610 (2025) Statutes/Other Implemented: ORS 430.383 & 430.392 History: DTRS 1-2025, amend filed 12/25/2025, effective 01/01/2026 DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-010-0060 Harm Reduction Services, Information and Education (1) Harm reduction services provided by an entity funded under ORS 430.389(2) must be low-barrier and must reduce the negative individual and public health outcomes of substance use and substance related harm. (2) Harm reduction services provided by a funded entity can include but are not limited to: (a) Access to naloxone; (b) Sterile syringes; (c) Safer use and wound care supplies; (d) Substance use-related infectious disease screening; (e) Sobering support; (f) Contingency management; (g) Drug checking supplies; and (h) Information and education about harm reduction services. (i) Referral for Hepatitis, HIV, STI, COVID-19, and Tuberculosis (TB) testing, vaccine, or other healthcare services. Statutory/Other Authority: ORS 430.389, 430.390 & 430.391 Statutes/Other Implemented: ORS 430.383 & 430.392 History: DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-010-0070 Low-Barrier Substance Use Treatment (1) An entity funded under ORS 430.389(2) to provide low-barrier substance use treatment: (a) Can not: (A) Have programmatic barriers such as lengthy intake, appointment requirements, assessments or treatment planning sessions. (B) Exclude individuals because of prior missed appointments. (b) Must provide treatment services: (A) With little or no wait time, but no more than 48 hours after a screening and an assessment that identifies substance use treatment as a needed service. (B) Regardless of an individual’s ability to pay or insurance coverage. (C) Regardless of an individual’s criminal history, warrant status, state residency or citizenship status. (c) Must engage in outreach services and community engagement. (d) Must offer individuals using substances by injection, interim referrals, or information to immediately reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of overdose and the transmission of disease, including but not limited to: (A) Counseling and education about blood borne pathogens including Hepatitis, HIV, STIs, and TB; the risks of needle and paraphernalia sharing; and the likelihood of transmission to sexual partners and infants; (B) If the individual is pregnant, counseling on blood borne pathogen transmission, as well as the effects of alcohol, tobacco, and other drugs use on the fetus, and a referral to prenatal care; and (C) Peer delivered supports, mentoring, and recovery services that address parenting and youth in transition support, if applicable. (2) A funded entity must provide treatment that: (a) Is without stigma. (b) Is trauma-informed regardless of active use. (c) Is culturally and linguistically responsive. (d) Uses a harm reduction approach, including the immediate goal of improving quality of life and protecting against loss of life. (e) Is individualized to meet the unique needs of each individual. (f) Provides unique recovery trajectories personal to each individual rather than dictated by treatment providers. (g) Includes medication for substance use disorders or a referral, if appropriate. (3) To facilitate low-barrier substance use treatment an entity must address any transportation barriers facing the individual in order to facilitate access to treatment, services and supports, including minimizing or eliminating travel between multiple service providers. Statutory/Other Authority: ORS 430.389, 430.390 & 430.391 Statutes/Other Implemented: ORS 430.383 & 430.392 History: DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-010-0080 Transitional and Supportive Housing for Individuals with Substance Use (1) An entity funded under ORS 430.389(2) to provide transitional and supportive housing for individuals with substance use disorders must prior to providing housing conduct an assessment of an individual’s needs. (2) A funded entity providing transitional and supportive housing must provide at least one of the following types of transitional or supportive housing based on an individual’s assessment, to serve individuals at all points on the substance use continuum, and across the gender spectrum, for those who are transgender, gender-nonconforming, and intersex: (a) Emergency housing for individuals or families in transition for a period of up to sixty days for the purpose of facilitating the movement of such persons to a more permanent, safe, and stable living situation. (b) Family housing for individuals with dependents that prioritizes not separating families, traditional or non-traditional. (c) Permanent housing that includes supports for independent living for individuals with substance use disorders and their families, that does not have a designated length of stay. (d) Recovery housing that is abstinence-based or drug-free for people in recovery from addiction, that includes a peer supportive community of individuals participating in outpatient substance use disorder treatment and those individuals with an ongoing program of recovery. Recovery housing must permit individuals to continue to receive Medication Assisted Treatment (MAT) and must provide intervention before eviction strategies if a resident relapses. (e) Supportive housing that provides a safe place to live along with supports to the individual from the provider for accessing lifesaving health services until the individual decides to participate in a program of recovery, and referrals for treatment and recovery services when the individual chooses to seek a life without drugs. Supportive housing could or could not have drug-free requirements. (f) Transitional Housing for individuals who are houseless along with appropriate supportive services to facilitate movement to independent living and is short term. (3) In addition to housing services described in subsection (1) of this rule, a funded entity may offer any of the following types of rental assistance: (a) Section 8 vouchers; (b) Tenant-based vouchers; (c) Rapid-rehousing and eviction prevention; (d) Assistance for fair market rate, privately held housing; or (e) Assistance attached to wrap around services or assistance paid directly to individuals. Statutory/Other Authority: ORS 430.389, 430.390 & 430.391 Statutes/Other Implemented: ORS 430.383 & 430.392 History: DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-010-0090 Data collecting and reporting requirements for recipients of grants or funds (1) An entity that receives funding under ORS 430.389(2) must: (a) Keep accurate books records and accounts in accordance with Generally Acceptable Accounting Procedures (GAAP) that are subject to inspection and audit by the Oregon Health Authority (the Authority) or Secretary of State Audits Division upon request. (b) Conduct a single audit performed by an independent certified public accountant of financial statements after the first $1,000,000.00 of grant funding has been expended and annually thereafter throughout the duration of the grant. (2) An entity that receives funding under ORS 430.389(2) must collect and provide to the Authority, according to a schedule prescribed by the Authority and in a format required by the Authority the following: (a) The number of individuals with substance use disorder receiving services from the entity . (b) The average duration of individual participation. (c) Individual outcomes. (d) The number of individuals seeking assistance who are denied or not connected to services described in these rules and the reasons for the denials. (e) The average time it takes for individuals to access services and fulfill their individual intervention plan and the reason for any delays, such as waiting lists at referred services. (f) Whether the average time to access services to which individuals are referred, such as housing or medication assisted treatment, has increased, or decreased since funding was received funding. (g) Individual level demographic data on individuals served, including self-reported demographic data on race, ethnicity, gender, disability, language, sexual orientation and age, in accordance with OAR 950, Division 30. (3) Nothing in this rule is intended to replace a licensed or certified behavioral health treatment provider from complying with other legal requirements to report information on individuals to applicable state data systems. (4) A federally recognized Tribe that receives funds from the Drug Treatment and Recovery Services Fund established in ORS 430.384 will collect and maintain the information specified in section (2) of this rule, that is applicable to the Tribe and provide data to the Authority upon request in a manner that is mutually agreeable to the Tribe and the Authority. Statutory/Other Authority: ORS 430.389, 430.390 & 430.391 Statutes/Other Implemented: ORS 430.383 & 430.392 History: DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-020-0010 Grant Application Review Criteria (1) The Authority’s grant review panel will review and evaluate each grant application based on the following criteria: (a) If the grantee has previously received DTRSF funding, the effectiveness of services provided. (b) The demonstrated commitment of the applicant to providing culturally and linguistically responsive or specific services; (c) The demonstrated commitment of the applicant to serve communities most impacted by the war on drugs; (d) The demonstrated commitment to work with other funded organizations proposing to comprise a BHRN in a county; (e) The demonstrated commitment to financial soundness and administrative capacity to fulfill grant requirements, as demonstrated by two-years of financial information; (f) Feasibility and alignment of the statement of work with ORS 430.383 and OAR 944, Division 10; (g) Clarity of proposed project plan, including but not limited to, number of staff and reasonableness of staff salaries; (h) Number of proposed individuals to be served is proportionate to the funding request; (i) Clarity and specificity of the budget and budget narrative; and (j) Whether grantee adhered to all directions in the application, including but not limited to, following word count, submitting all required materials, using all required templates and forms, and meeting all prescribed deadlines. (2) Each reviewer must complete an evaluation sheet for each applicant that results in a numeric score. (3) A grant application that does not receive a minimum score must not be considered further and the applicant must be notified in writing and can appeal that decision in accordance with OAR 944-020-0030. (4) Once all the applications have been evaluated and scored the review panel may meet, as many times as is necessary, and must provide final funding recommendations to the Authority. The Authority may consult the Oversight and Accountability Council before making final funding decisions. The review panel must, to the greatest extent practicable, recommend at least one applicant in each service area, in each county. Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025) Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390 History: DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026 DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-020-0020 Grant Approval Process (1) OHA shall determine funding awards under ORS 430.389. The Authority may consult the OAC on funding priorities and distributions but retains final decision-making authority. (2) Any applicants selected for funding by the Authority will be notified in writing along with information about how to appeal that decision under OAR 944-020-0030. Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025) Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390 History: DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026 DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
944-020-0030 Appeal of Denial of Grant (1) For applications submitted to the Authority before January 1, 2026, applicant that was notified that they did not meet minimum grant application criteria or did not receive a minimum evaluation score, can submit a written request to the Authority within five (5) business days after receiving the notice described in OAR 944-020-0000(5) or 944-020-0010(3). A written appeal request must include: (a) The application and all application materials submitted to the Authority; and (b) A concise statement explaining why the applicant believes they meet the minimum application criteria or should have received a higher evaluation score. (2) The Authority Director or designee must approve or deny the request for an appeal submitted under section (1) of this rule and must notify the applicant in writing of the decision to approve or deny the requested appeal within 10 business days of receipt of the appeal. The decision is final. (3) For applications submitted to the Authority before January 1, 2026, an applicant that was notified that they were not funded can submit a written protest to the Authority Director of designee within seven (7) business days after receiving the notice described in OAR 944-020-0020(2). (4) Content of Protest. An applicant that submits a protest as described in OAR 944-020-0030(3) shall specify the grounds for the protest to be considered by the Authority pursuant to ORS 279B.410(1). The protest must describe how the applicant would be eligible to be awarded the grant in the event that the protest was successful and the reason for the protest is that: (a) All higher ranked applications are nonresponsive; (b) The Authority has failed to conduct the evaluation of applications in accordance with the criteria or processes described in the solicitation materials (including but not limited to the Request for Grant Applications); (c) The Authority has abused its discretion in rejecting the protestor’s application as nonresponsive; or (d) The Authority’s evaluation of applications or the Authority’s subsequent determination of award is otherwise in violation of ORS Chapter 430 or OAR Chapter 944, Division 20. (5) The Authority Director or designee must notify the applicant in writing of the decision to approve or deny the protest within 10 business days of its decision. If the Authority upholds the protest, in whole or in part, the Authority may in its sole discretion either award the grant to the successful protestor or cancel the solicitation. (6) Judicial Review. Judicial review of the Authority’s decision relating to an award protest shall be in accordance with ORS 279B.415. For purposes of this rule, the protest of “contract awards” under ORS 279B.415 includes grant awards under OAR Chapter 944 Division 20. Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025) Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390 History: DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026 DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024 DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024
945-020-0010 Purpose; Applicability (1) The purpose of OAR chapter 945, division 20 is to establish the process for certification of: (a) Health plans as qualified health plans (QHPs); and (b) Standalone dental plans (SADPs) as providing pediatric dental benefits. (2) Except for multistate plans, as defined in 45 CFR 800.20, OAR chapter 945, division 20 applies to: (a) All QHPs offered through the Marketplace; and (b) All SADPs marketed through or outside the Marketplace as providing pediatric dental benefits. Statutory/Other Authority: ORS 741.002 Statutes/Other Implemented: ORS 741.310 History: OHIE 4-2015, f. & cert. ef. 11-6-15 OHIE 3-2015, f. & cert. ef. 10-15-15 Reverted to OHIE 4-2012, f. & cert. ef. 12-13-12 OHIE 1-2015(Temp), f. & cert. ef. 3-11-15 thru 9-4-15 OHIE 4-2012, f. & cert. ef. 12-13-12 OHIE 3-2012(Temp), f. 9-13-12, cert. ef. 10-1-12 thru 3-13-13
945-020-0025 Certification of Non-Marketplace Stand-alone Dental Plans This rule applies only to SADPs offered outside the Marketplace. The Marketplace will, upon satisfaction of the following criteria, certify as providing pediatric dental benefits a stand alone dental plan (SADP) that an insurer offers for sale outside of the Marketplace. (1) To be considered for SADP certification, a dental plan must have its rates, form, and binder filed with and approved by the Oregon Insurance Division. (2) For an SADP to be certified, the insurer must demonstrate to the Marketplace that the SADP: (a) Provides pediatric dental benefits; (b) Meets an actuarial value of 68% to 72% or 83% to 87%; (c) For individual SADPs, imposes rates that are effective for the entire policy year; (d) For small group SADPs, imposes rates that may be subject to increase every calendar quarter but that are effective for a specific group for the entire plan year; and (e) Has been approved for sale in Oregon by the Oregon Insurance Division. (3) The Marketplace will recertify an SADP that meets the criteria in paragraph (2) of this rule. (4)(a) The Marketplace may at any time decertify an SADP if the Marketplace determines that the insurer or SADP no longer meets the Marketplace’s certification criteria described in this rule. (b) The insurer may appeal decertification. Appeal requests must be submitted within 15 days from receipt of the notice from the Marketplace informing the insurer of the decertification. The insurer’s appeal request must be made in writing and must provide a thorough explanation of the grounds for appeal along with any supporting information. The Administrator of the Marketplace will rule on a valid and timely appeal request within 14 days of receipt of the request. If an insurer is unsatisfied with the Administrator’s ruling, the insurer may seek additional review through a contested case hearing as provided under ORS 183.411 to 183.471. (c) Upon decertification of an SADP, the Marketplace will provide notice of decertification to the insurer and the Insurance Division, and the insurer shall not terminate coverage before giving notice to enrollees. Statutory/Other Authority: ORS 741.002 Statutes/Other Implemented: ORS 741.310 History: OHIE 4-2015, f. & cert. ef. 11-6-15 OHIE 3-2015, f. & cert. ef. 10-15-15
945-020-0030 Enrollment Authority of the Director In the event that an insurer ceases to provide qualified health plan coverage or ceases to offer one or more qualified health plans under a qualified health plan product through the health insurance exchange, the Director shall have the sole authority to determine: (1) Whether a qualified individual enrolled in such a plan shall be automatically enrolled into another qualified health plan offered through the health insurance exchange; and (2) Into which, if any, qualified health plan, the qualified individual shall be automatically enrolled. Statutory/Other Authority: ORS 705.135, 741.002 & 741.003 Statutes/Other Implemented: ORS 741.002 History: HMP 3-2017, f. & cert. ef. 8-14-17
945-020-0040 QHP Addendum for Indian Health Care Providers (1) If a health insurer contracts with a Tribal Health Provider in the state of Oregon for services provided through a Marketplace QHP, the insurer shall: (a) Use the QHP Addendum for Indian Health Care Providers, Exhibit 1 to this rule, to supplement and amend its existing provider contract, and (b) Notify the Marketplace in writing of the contractual relationship by emailing the information to info.marketplace@Oregon.gov. (2) The Marketplace may amend the QHP Addendum for Indian Health Care Providers using the rulemaking process. Contracted carriers and tribes will be required to amend their contracts to reflect any change to the QHP Addendum for Indian Health Care Providers within 90 days of adoption of the change. Exhibit 1: “QHP Addendum for Indian Health Care Providers” [ED. NOTE: Addendum referenced is available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 741.002 Statutes/Other Implemented: ORS 741.310 History: OHIE 4-2015, f. & cert. ef. 11-6-15 OHIE 3-2015, f. & cert. ef. 10-15-15 OHIE 4-2013, f. & cert. ef. 7-9-13
945-030-0010 Purpose The purpose of division 30 is to establish a process for the adoption of an administrative charge to be paid by health insurers offering a qualified health plan or stand alone dental plan through the Marketplace to pay the administrative and operational expenses of the Marketplace, including costs of grants to certified navigators. Statutory/Other Authority: ORS 741.002 Statutes/Other Implemented: ORS 741.105 History: OHIE 4-2015, f. & cert. ef. 11-6-15 OHIE 3-2015, f. & cert. ef. 10-15-15 Reverted to OHIE 1-2013, f. & cert. ef. 3-18-13 Suspended by OHIE 3-2013(Temp), f. & cert. ef. 5-28-13 thru 11-22-13 OHIE 1-2013, f. & cert. ef. 3-18-13