justicedao/ipfs_state_laws huggingface dataset:
309-065-0050 Culturally and Linguistically Specific Residential SUD Provider Qualifications (1) Except as provided in subsection (4) below, i n order to qualify for culturally and linguistically specific behavioral health services enhanced payments as a residential SUD provider, they must: (a) Be enrolled as a residential SUD Medicaid Behavioral Health provider with the Oregon Health Authority (OHA) that is not prohibited by law from receiving the enhanced payment; (b) Submit a complete application to the Oregon Health Authority (OHA); (c) Demonstrate the ability to serve a distinct minoritized cultural community; and (d) Be primarily led and staffed by people that have extensive experience working with or being immersed in the same minoritized cultural community they serve; or (e) Have a history of at least five years primarily serving the specified minoritized cultural community in a behavioral health setting. (2) To demonstrate the ability to serve a distinct minoritized cultural community under section (1) (c) of this rule an organization must provide information that shows the following: (a) Comprehensive knowledge of diverse lived experiences held by the minoritized cultural community being served including, but not limited to, their experiences of structural and individual racism, minoritization or discrimination that may have an impact on the community’s collective mental health and wellbeing. (b) Knowledge of specific behavioral health inequities documented in the minoritized cultural community being served, which may be addressed by the culturally and linguistically specific service organization. (c) A practice of supporting and affirming cultural and language practices for the community being served, such as but not limited to: (A) Health and safety beliefs, or practices; (B) Positive cultural identity, pride, or resilience; (B) Immigration dynamics; or (C) Religious beliefs. (d) A demonstrated ability to support and affirm clients experiencing intersectional oppression in the provision of services. The ability to support and affirm the unique needs of clients experiencing intersectional oppression may be evidenced through details of established collaboration with other culturally specific providers, details of dedicated spaces or groups provided for clients experiencing intersectional oppression, or any other supporting information. (3) The information required to be provided under section (1)(b) through (e) and (2) of this rule must include documentation of the organization’s culturally specific focus demonstrated in a mission statement, vision statement, or other public-facing document. Supporting information can also include but is not limited to: (a) Documentation detailing policies and procedures. (b) Documentation of staff training requirements and any resulting certifications. (c) A narrative that details the organization or program’s strategic plan or history and experience, including specific examples, without identifying any individual clients. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: HB 5202 (2021) History: BHS 2-2025, adopt filed 02/27/2025, effective 03/01/2025
309-072-0100 Purpose and Scope (1) All providers must operate in compliance with these rules. These rules create minimum service delivery standards for services and supports delivered by providers certified by the Health Systems Division (Division) of the Oregon Health Authority (Authority): (a) Community Mental Health Programs (CMHP) must continuously offer Mobile Crisis Intervention Services (MCIS) and stabilization services and supports as described within these rules; (b) Non-CMHP providers may choose to offer MCIS and stabilization services to all persons, or to limit services and supports to solely focus on MCIS for adults, or to solely focus on MCIS and stabilization services for children and families; (c) The population(s) served must be indicated on the application and the certificate. (2) These rules apply to providers seeking certification to provide behavioral health services under the following service delivery rules: (a) OAR 309-014-0000 to 0040 Community Mental Health Programs; (b) Non-CMHP providers: (A) OAR 309-019-0100 to 0220 Outpatient Behavioral Health Services; (B) All other providers seeking certification to provide MCIS and stabilization services. Statutory/Other Authority: ORS 179.040, 413.042, 413.032-413.033, 426.072, 426.236, 426.500, 430.021, 430.256, 430.357, 430.560, 430.626-430.630, 430.640, 430.870 & 743A.168 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620, 430.626-430.630 & 430.637 History: BHS 26-2022, adopt filed 12/20/2022, effective 01/01/2023
309-072-0130 General Requirements (1) Each provider must meet the requirements contained within the following Oregon Administrative Rules (OAR) as applies to the type of service delivered: (a) OAR Chapter 309, Division 008 (309-008-0100 – 309-008-1600) Certification of Behavioral Health Treatment Services. (b) OAR Chapter 309, Division 019 Outpatient Behavioral Health Services: (A) OAR 309-019-0105 Definitions; (B) OAR 309-019-0110 Provider Policies; (C) OAR 309-019-0115 Individual Rights; (D) OAR 309-019-0125 Specific Staff Qualifications and Competencies; (E) OAR 309-019-0130 Personnel Documentation, Training, and Supervision; (F) OAR 309-019-0135 Entry and Assessment; (G) OAR 309-019-0140 Service Plans and Service Notes; (H) When the provider offers stabilization services in a facility, building, or other physical space that is designated for that purpose, the provider must comply with OAR 309-019-0205 Building Requirements in Behavioral Health Programs; (I) OAR 309-019-0210 Quality Assessment and Performance Improvement; (J) OAR 309-019-0215 Grievances and Appeals; and (K) OAR 309-033-0230 (2)(b) Custody of Persons Alleged to Be Mentally Ill Prior to Filing a Notification of Mental Illness. (2) Non-Community Mental Health Program providers must initiate the memorandum of understanding (MOU) process with the Community Mental Health Program(s) (CMHP) in their service area(s) prior to submitting an application. (3) The MOU must be written on the Health Systems Division (HSD) form and must: (a) Contain the exact service area(s), populations served, Health Insurance Portability and Accountability Act (HIPAA), and 42 Code of Federal Regulations (CFR) Part 2 confidentiality clauses, and manner of coordinating response; and (b) Be fully executed no later than 30 days following the HSD approval of the non-CMHP’s application to deliver Mobile Crisis Intervention Services (MCIS). (4) If a CMHP has one of the Nine Federally Recognized Tribes of Oregon in their service area, CMHPs must collaborate with the tribe(s) to provide MCIS and stabilization services through a MOU if the tribe wishes to enter into such agreement. (5) Tribal MOU must be written on the HSD form and must: (a) Contain mutually agreed upon collaboration and delivery of services between the tribe(s) and the CMHP; (b) Contain the exact service area(s), populations served, HIPAA, and 42 CFR Part 2 confidentiality clauses, and manner of coordinating response; (c) Be shared with HSD for review and approval. (6) Providers billing Medicaid must meet the requirements contained within the following Oregon Administrative Rules (OAR) as applies to the type of service delivered: (a) OAR Chapter 410, Division 120 Medical Assistance Programs; (b) OAR Chapter 410, Division 172 Medicaid Payment for Behavioral Health Services. Statutory/Other Authority: ORS 430.626-430.630, 413.042 & 743A.168 Statutes/Other Implemented: ORS 430.626-430.630, 743A.168 & 743A.160 History: BHS 26-2022, adopt filed 12/20/2022, effective 01/01/2023
309-072-0150 Initial crisis response Mobile Crisis Intervention Services (MCIS) must meet the needs of each individual and must consider developmental, cultural, and linguistic needs. (1) Upon arrival, the Mobile Crisis Intervention Team (MCIT) must follow their established procedures to ensure safety at the service location for all parties and must continue to monitor safety. (2) All crisis interventions and services offered and provided must be documented. (3) The MCIT must attempt to complete a developmentally appropriate suicide screening at every contact: (a) When unable to complete the suicide screening the reason must be clearly documented; (b) If the suicide screening tool indicates risk, then the following must occur and be documented: (A) A full suicide risk assessment must be completed by a Qualified Mental Health Professional (QMHP); (B) A crisis and safety plan which includes lethal means counseling. (4) The MCIT must provide the following services and supports, as clinically indicated: (a) Crisis intervention and de-escalation; (b) Screening for risk of harm to self and others; (c) SUD screening; (d) Assessment; (e) Crisis and safety planning; and (f) Care coordination. (5) The MCIT must identify and refer all individuals to appropriate services and supports to meet their needs. (6) If the individual has established medical or behavioral health services the MCIT must attempt to coordinate care with the individual’s established provider. When unable to coordinate care with the established provider the MCIT must document the reason. (7) If the Qualified Mental Health Professional (QMHP) determines that the individual requires a psychiatric evaluation and a director’s custody hold is required, the QMHP must initiate the appropriate steps to transport the individual to the evaluation per OAR 309-033-0230 (2)(b). (8) The provider must work collaboratively with individuals and families to ensure connection to follow-up services and supports. (9) The provider must attempt to follow-up with the individual and families within 72 hours after the initial contact. Statutory/Other Authority: ORS 179.040, 413.042, 413.032-413.033, 426.072, 426.236, 426.500, 430.021, 430.256, 430.357, 430.560, 430.626-430.630, 430.640, 430.870 & 743A.168 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620, 430.626-430.630 & 430.637 History: BHS 26-2022, adopt filed 12/20/2022, effective 01/01/2023
309-080-0100 Purpose and Scope This division establishes the Behavioral Health Clinical Supervision Expansion Program within the Oregon Health Authority (Authority). The Program offers grants to organizations who employ behavioral health care providers and individual behavioral health care providers with the aim of expanding the amount of clinical supervision available to help diversify the behavioral health workforce and ensure access to culturally responsive behavioral health services for those from communities that have experienced health inequities. Statutory/Other Authority: ORS 413.042 & 675.658 History: BHS 8-2023, amend filed 03/23/2023, effective 03/31/2023 BHS 8-2022, adopt filed 06/13/2022, effective 06/14/2022 BHS 24-2021, temporary adopt filed 12/16/2021, effective 12/17/2021 through 06/14/2022
309-080-0105 Definitions The following definitions apply to OAR 309-080: (1) “Authority” means the Oregon Health Authority. (2) “Communities who are underserved” has the meaning given that term in OAR 309-081-0010. (3) “Problem Gambling Treatment Staff” has the meaning given that term in OAR 309-019-0105. (4) “Program” means the Behavioral Health Clinical Supervision Expansion Program. (5) “Licensed Art Therapist” means an individual licensed to practice art therapy pursuant to ORS 681.740(3). (6) “Licensed Clinical Social Worker” has the meaning given that term in ORS 675.530. (7) “Licensed Professional Counselor” has the meaning given that term in ORS 675.705. (8) “Licensed Psychologist” has the meaning given that term in ORS 675.010. (9) “Licensed Marriage and Family Therapist” has the meaning given that term in ORS 675.705. (10) Qualified Mental Health Associate or QMHA” has the meaning given that term in OAR 309-019-0105. (11) “Qualified Mental Health Professional or QMHP” has the meaning given that term in OAR 309-019-0105. (12) “Substance Use Disorders Treatment Staff” has the meaning given to it in OAR 309-019-0105. Statutory/Other Authority: ORS 413.042 & 675.658 Statutes/Other Implemented: ORS 675.010, 675.530, 675.705, OAR 309-019-0105 & 309-081-0010 History: BHS 8-2023, amend filed 03/23/2023, effective 03/31/2023 BHS 8-2022, adopt filed 06/13/2022, effective 06/14/2022 BHS 24-2021, temporary adopt filed 12/16/2021, effective 12/17/2021 through 06/14/2022
309-080-0200 Eligibility Requirements Organizations or individuals who offer, or will offer, supervision to behavioral health care providers working towards the following credentials with the use of this funding are eligible: (1) Certified Drug and Alcohol Counselor practicing as Substance Use Disorder Treatment Staff; (2) Certified Gambling Addiction Counselor practicing as Problem Gambling Treatment Staff; (3) Licensed Art Therapist; (4) Licensed Clinical Social Worker; (5) Licensed Professional Counselor; (6) Licensed Psychologist; (7) Licensed Marriage and Family Therapist; (8) Qualified Mental Health Associate; (9) Qualified Mental Health Professional; and (10) Other credential types that are not listed, but also provide direct behavioral health care services using their credentials and require clinical supervision to obtain credentials. Statutory/Other Authority: ORS 413.042 & 675.658 History: BHS 37-2023, minor correction filed 07/21/2023, effective 07/21/2023 BHS 8-2023, amend filed 03/23/2023, effective 03/31/2023 BHS 8-2022, adopt filed 06/13/2022, effective 06/14/2022 BHS 24-2021, temporary adopt filed 12/16/2021, effective 12/17/2021 through 06/14/2022
309-080-0300 Application and Review Process (1) The Authority will offer its Program application processes online. (2) The Authority shall review all applications to determine that all requirements established in the solicitations issued are satisfied. (3) The Authority may return incomplete applications to applicants, if an application is resubmitted, it shall be processed as of the date of resubmission. (4) The Authority shall notify applicants of the status of their completed applications within 30 days of application submission. (5) The Authority may consider, among others, the following factors in determining whether to award a grant to an applicant for participation in the Program: (a) Impact of the project on advancing health equity; (b) The opportunity for expanding access to linguistically appropriate services; (c) The impact of the project on expanding access to culturally responsive care; (d) The ability of the organization to leverage existing community resources and partnerships; (e) The opportunity of the project to grow the number of clinicians obtaining licensure who are from Communities who are underserved; and (f) The degree to which the applicant’s client demographic represents Communities who are underserved. Statutory/Other Authority: ORS 413.042 & 675.658 History: BHS 8-2023, amend filed 03/23/2023, effective 03/31/2023 BHS 8-2022, adopt filed 06/13/2022, effective 06/14/2022 BHS 24-2021, temporary adopt filed 12/16/2021, effective 12/17/2021 through 06/14/2022
309-080-0400 Program Integrity (1) The Authority shall analyze and monitor the operation of grant activities, and audit and verify the accuracy and appropriateness of all payments made under the terms of the Program. To promote the integrity of the Program, the Authority may require participants and to develop and maintain adequate financial and other documentation as determined by the Authority to be necessary. The Authority may communicate with and coordinate any Program integrity actions with the federal and state oversight authorities. (2) Any overpayment made to an individual or carrier is subject to recovery. The Authority shall take appropriate action and may redress payment errors or false claims for payment under the Program. Statutory/Other Authority: ORS 413.042 & 675.658 History: BHS 8-2023, amend filed 03/23/2023, effective 03/31/2023 BHS 8-2022, adopt filed 06/13/2022, effective 06/14/2022 BHS 24-2021, temporary adopt filed 12/16/2021, effective 12/17/2021 through 06/14/2022
309-080-0500 Data Sharing (1) The Authority may not share data about Program participants, other than for purposes of planning, Program evaluation or analysis, or as otherwise required by law. (2) Data may only be shared with: (a) Agencies, offices, or contractors of the Authority; (b) The Oregon Employment Department; and (c) Non-governmental entities, not noted above, only with written approval from the Director of the Authority. Statutory/Other Authority: ORS 413.042 & 675.658 History: BHS 8-2023, amend filed 03/23/2023, effective 03/31/2023 BHS 8-2022, adopt filed 06/13/2022, effective 06/14/2022 BHS 24-2021, temporary adopt filed 12/16/2021, effective 12/17/2021 through 06/14/2022
309-081-0020 Eligibility Criteria for The Oregon Behavioral Health Loan Repayment Program. (1) To be eligible for the Oregon Behavioral Health Loan Repayment Program, applicants must be a Behavioral Health Care Worker who has qualifying loans who provides direct behavioral health care services and who is: (a) Licensed, certified, or registered as a behavioral health care worker in Oregon under one of the following approved behavioral health certified and or governing bodies: (A) Board of License ​ d Social Workers; (B) Board of Psychology; (C) Health Licensing Office's Art Therapy Program; (D) Mental Health and Addiction Certification Board of Oregon (MHACBO); (E) Oregon Board of Licensed Professional Counselors and Therapists; (F) Oregon Medical Board; (G) Oregon State Board of Nursing; (H) Teacher Standards and Practices Commission ​ ; (I) Traditional Health Worker Registry; or (J) Other credentialing bodies recognized by the Authority. Or (b) Meets one of the following employer qualifications: (A) Is a Qualified Mental Health Associate (QMHA) or Qualified Mental Health Professional (QMHP) designated by their employer and that meets the minimum criteria outlined in OAR 309-019-0125 and the personnel documentation, training, and supervision requirements in OAR 309-019-0130; or (B) Is a behavioral health care worker designated by their employer and who provides treatment services or peer delivered services in substance use disorders, problem gambling, or mental health treatment programs and meets personnel documentation, training, and supervision requirements in OAR 309-019-0130. (2) If awarded, an eligible behavioral health care worker will receive a loan repayment subsidy if they are not at the same time receiving loan repayment or forgiveness under a separate, competing service obligation. (3) Recipient must commit to working in the behavioral health field Full-Time or Part-Time for two years from the start of recipient’s contract with the Authority to receive their full award as determined by the Authority. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0030 Application Requirements To qualify for consideration for loan repayment an eligible behavioral health care worker must submit an application that: (1) Documents the individual having, an unrestricted license, certification or registration (if required) to practice in Oregon within their discipline. (2) Includes a signed and dated statement certifying that the individual is not currently participating in the National Health Services Corps (NHSC), Nursing Corps, or State Loan Repayment Programs or the NHSC Scholarship Program or other current service obligation. (3) Agrees to a service commitment of two years’ working full-time or part-time in the behavioral health care field. (4) Provides all other information required by the program to determine the suitability of making an award from program funds. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0040 Application and Review Process (1) The Authority will publish an application process online. (2) The Authority shall review those applications that meet all requirements of OAR 309-081-0020. (a) The Authority shall make their award selections within 60 days of the most recent application cycle closing. (b) The Authority shall notify all applicants in writing regarding if they have been awarded or not awarded within 60 days of the most recent application cycle closing. (3) If awarded, applicants must sign a contract with the Authority agreeing to the terms and conditions of the program service obligation. (4) Applicants who are awarded are not eligible to apply for future application cycles. Applicants can only be awarded once. (5) The Authority may prioritize awards to behavioral health care workers who: (a) Represent the ethnicity or culture of Oregon’s communities who are underserved; (b) Provide culturally and linguistically specific behavioral health services to Oregon’s communities who are underserved; (c) Have lived experience with Oregon’s communities who are underserved; (d) Speak a second language other than English in a behavioral health care setting for Oregon’s communities who are underserved; (e) Provide behavioral health services in a designated Rural or Frontier community. (f) Work at a Community Mental Health Program, a publicly funded or public mental health facility, or a nonprofit mental health facility that contracts with a county to provide mental health services. (g) Provide direct behavioral health care to Medicaid and Medicare individuals. (h) Are physically located in Oregon and who primarily serve Oregon residents; In the case of behavioral health care workers delivering telehealth services as all or part of their services, the Authority may give behavioral health care workers physically located in Oregon who work primarily with Oregon residents priority for an award; (i) Other behavioral health care workers who provide services deemed appropriate and necessary by the Authority to increase and improve equity to individuals seeking behavioral health services. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0050 Maximum Award Amounts The Oregon Behavioral Health Loan Repayment recipients are eligible for a maximum loan repayment award in the following manner: (1) Full-Time Service: (a) Seventy percent of the balance owed on qualifying loans upon program entry for two years of service; (b) A recipient may receive no more than $50,000 in a single year for Full-Time service. (2) Part-Time Service: (a) Thirty five percent of the balance owed on qualifying loans upon program entry for two years of service; (b) A recipient may receive no more than $25,000 in a single year for Part-Time service. (3) Service obligations and maximum award amounts are subject to change as determined by the Authority. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022