justicedao/ipfs_state_laws huggingface dataset:
423-150-0005 Guidelines for Juvenile Detention Facilities (1) As used in this rule, “juvenile detention facility” has the meaning given that term in ORS 169.005. (2) For the purpose of developing guidelines pertaining to the operation of juvenile detention facilities as required by ORS 169.090, the Youth Development Division shall convene an advisory workgroup to solicit advice from the following: (a) The Governor’s office; (b) The Department of Corrections; (c) The Youth Development Council; (d) The Oregon Youth Authority; (e) The Oregon Department of Education; (f) The Oregon Judicial Department; (g) The Oregon Juvenile Director’s Association; (h) At least one organization of this state representing youth in the juvenile court system; (i) At least one county juvenile director from a county operating a juvenile detention facility; (j) At least one organization of this state representing Oregon counties; (k) At least one person representing Oregon tribes; (l) At least one organization of this state representing the rights of disabled persons; (m) At least one organization of this state representing the rights of minorities; and (n) The Legislative Policy and Research Office. (3) The division shall prepare the guidelines in accordance with the recommendations of the workgroup. (4) After preparing the guidelines, the division shall provide the guidelines to the Director of the Department of Corrections and the Youth Development Council for approval. The director and the council may direct the division to revise the guidelines. The guidelines must be approved by both the director and the council before they may be published and distributed as required by ORS 169.090. (5) At least once every two years, the division shall review guidelines approved under this rule to determine whether revising the guidelines would be appropriate. If the division determines that revising the guidelines would be appropriate, the division shall inform the department and the council of the determination. (6) If the department or council determines that revising guidelines approved under this rule is appropriate, the department or council shall direct the division to convene an advisory workgroup as described in subsection (2) of this rule to solicit advice on how to revise the guidelines. (7) At least once every six years, the division shall convene a workgroup as described in subsection (2) of this rule to determine whether revising guidelines approved under this rule would be appropriate. If the workgroup determines that revising the guidelines would be appropriate, the division shall solicit from the workgroup advice on how to revise the guidelines. (8) Rules revised under this rule must be prepared and approved in accordance with subsections (3) and (4) of this rule. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 169.090(2) History: YDD 3-2019, adopt filed 08/21/2019, effective 08/21/2019
423-155-0020 Maintaining Compliance with Racial and Ethnic Disparities Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA) (1) Upon collection and analysis of Data received from Institutions, the YDD may: (a) Request additional Data if the initial Data submission is not complete or sufficient for the purpose of establishing whether racial or ethnic disparities exist; (b) Provide recommendations and technical assistance to reduce any identified racial and ethnic disparities, in accordance with the JJDPA. (2) The Racial and Ethnic Disparities Coordinator will analyze Data in order to make a determination of whether the Data demonstrates that disparities exist, or illustrates reductions in disparities. (3) Data and analysis will be compiled by the Racial and Ethnic Disparities Coordinator and reported to the YDC and the OJJDP. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855 History: YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021
423-155-0025 Technical Assistance Process for Institutions out of Compliance (1) Upon collection of Data received from Institutions, the YDD shall: (a) Analyze the received Data for sufficiency in making a compliance determination. (b) Request additional Data necessary to make a compliance determination. (c) Initiate a corrective action process, in the case of the following: (A) The Data received is not sufficient for making a compliance determination; (B) The Data received indicates that a Core Violation has occurred; or (C) The Institution is non-reporting and the Data cannot be obtained. (d) Recommend changes for the purpose of reducing violations or producing sufficient Data. (2) Upon identification of a Core Violation, the YDD shall notify the Institution in writing of the following: (a) The core requirement violated; and (b) Recommended actions to reduce or eliminate future violations. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855 History: YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021
423-155-0035 Identification and Correction of Racial and Ethnic Disparities (1) Upon collection of Data received from Institutions, the YDD shall: (a) Analyze the received Data to ensure it is sufficient to make a disparities determination. (b) Request additional Data necessary to make a disparities determination. (c) Initiate a corrective action process, in case of the following: (A) The Data received is not sufficient for making a disparities determination; (B) The Data received indicates that a disparity does exist; or (C) The Institution is non-reporting and the Data cannot be obtained. (d) Recommend changes for the purpose of reducing disparities or producing sufficient Data. (2) Upon identification of a disparity, the YDD shall notify the Institution in writing of the following: (a) The races or ethnicities implicated in the disparity; (b) Recommended actions to reduce or eliminate future racial and ethnic disparities. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 417.850, ORS 417.851, ORS 417.852 & 417.855 History: YDD 7-2021, adopt filed 03/29/2021, effective 03/29/2021
423-160-0003 YDD Reengagement Grant: Establishment (1) There is established the Youth Development Division Statewide Youth Reengagement System and the Reengagement Grant. (2) The purpose of the Statewide Youth Reengagement System is to coordinate Reengagement Programs and the provision of Reengagement Services to Eligible Youth. (3) The System is administered by the Youth Development Division. Administration includes the design of the system, management of grant funding and monitoring process, provision of technical assistance to Reengagement Programs and Partners, and general coordination of the System. (4) Reengagement Programs that are funded with Reengagement Grants will be considered participants in the Statewide Youth Reengagement System, however the System may include Reengagement Programs which are not currently receiving funding through the Reengagement Grant program, as described in OAR 423-160-0011. Statutory/Other Authority: ORS 417.859 Statutes/Other Implemented: ORS 417.859 History: YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020
423-160-0005 Eligibility for Enrollment in a Reengagement Program (1) The following individuals are eligible to enroll in and participate in services offered by a Reengagement Program: (a) Youth age 14-24 who are not currently enrolled in high school, and have not earned a high school diploma or high school equivalency credential such as a GED credential; (b) Youth age 14-21 who are defined as a dropout under ORS 339.505, and not exempt from attending public school under ORS 339.030; (c) Youth age 14-24 who are recommended by the Oregon Youth Authority, the Oregon Department of Human Services, Juvenile Court Judges, County Juvenile Departments, the Housing and Community Services Department, a community college, a Federally-Recognized Tribe, a School District or an Education Service District, and have not earned a high school diploma or high school equivalency credential such as a GED credential; or (d) Youth age 16-21 who are enrolled in high school, initially enrolled in high school one or more years prior, and (A) have earned 3 or more credits fewer than the expected number of credits to be earned based on the duration of enrollment, and (B) have had irregular attendance or been removed from active enrollment in a school program due to absences. (2) A youth who does not meet one of the criteria in subsection (1) of this rule may petition the Youth Development Division for permission to enroll in and participate in services offered by a Reengagement Program. If the Director of the Youth Development Division, or designee, determines that the request conforms to the goals of the Statewide Reengagement System, the Director may approve the request and the youth will be permitted to enroll and participate. (3) A youth who: (a) is between 14 and 24 years of age and; (b) was enrolled in a Reengagement Program in the previous school year or academic term, may be considered eligible to continue enrollment in a reengagement program at the start of a new school year or academic term, even if the youth was considered to be enrolled in school at the end of the prior school year or academic term. Statutory/Other Authority: ORS 417.859 Statutes/Other Implemented: ORS 417.859 History: YDD 1-2023, amend filed 04/26/2023, effective 04/26/2023 YDD 2-2021, minor correction filed 02/24/2021, effective 02/24/2021 YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020
423-160-0007 Eligibility to Provide a Reengagement Program (1) The following entities may provide a Reengagement Program or deliver Reengagement Services under the Statewide Reengagement System: (a) School districts; (b) Public charter schools; (c) Educational Service Districts; (d) Federally recognized Tribes; (e) Local Workforce Development Boards; (f) County and Municipal Governments and Agencies; (g) Community Colleges; (h) Alternative Schools (including private alternative schools); (i) Community-Based Organizations; and (j) Non-Profit Organizations. (2) An entity that does not meet one of the criteria in subsection (1) of this rule may petition the Youth Development Division to be determined eligible to provide a Reengagement Program. If the Director of the Youth Development Division determines that the request conforms to the goals of the Statewide Reengagement System, the Director may approve the request and the entity will be designated as eligible. (3)(a) A single Reengagement Program may be offered by a collaborative or consortium of multiple Reengagement Partners, and must include at least one Eligible Entity identified in subsection (1) of this rule. (b) If a Reengagement Program is offered by a collaborative or consortium, the fiscal agent must be an Eligible Entity identified in subsection (1) of this rule. Statutory/Other Authority: ORS 417.859 Statutes/Other Implemented: ORS 417.859 History: YDD 3-2021, minor correction filed 02/24/2021, effective 02/24/2021 YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020
423-160-0009 Designation of Reengagement Programs as Participants in a Statewide Youth Reengagement System (1) The Youth Development Division shall develop a process by which an entity offering Reengagement Services will be assessed to meet criteria established by the Youth Development Division, in order to be considered a participant in the Statewide Youth Reengagement System. (2) Participants in the Statewide Youth Reengagement System shall include, but are not restricted to, recipients of Reengagement Grants made under OAR 581-017-0651 through 581-017-0653 and OAR 423-160-0011. (3) An entity that provides Reengagement Services but does not receive or meet the requirements to receive a Reengagement Program Grant under may be considered a participant in the System, subject to criteria developed by the Youth Development Division. (4) Through the Statewide Youth Reengagement System, the Youth Development Division will collect data on Reengagement Programs and Reengagement Services, and support collaboration and coordination among Programs. Statutory/Other Authority: ORS 417.859 Statutes/Other Implemented: ORS 417.859 History: YDD 4-2021, minor correction filed 02/24/2021, effective 02/24/2021 YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020
423-160-0011 Reengagement Program Grants (1) The Youth Development Division shall establish a process by which the Division may issue grants for the purpose of funding Reengagement Programs. (a) The process must be approved by the Youth Development Council, and adhere to any requirements set forth in OAR 581-017-0653. (b) The grant award process will take into account the eligibility standards for Reengagement Programs, and required services and partnerships identified in ORS 417.859. (c) The Youth Development Division shall provide eligible entities with information on the grant funding process, including: (A) Grant parameters, guidelines, requirements, and deliverables; and (B) Submission deadlines and other important dates. (2) Each proposal for funding submitted under this rule must include: (a) A project budget describing planned expenditure of funds; (b) A description of all activities to be funded with grant funds; (c) Expected outcomes associated with the performance of those activities; and (d) Other information as required by the Division. (3) To be eligible to receive a Reengagement Grant, an entity must: (a) Demonstrate capability of meeting all requirements for provision of a Reengagement Program under ORS 417.859; (b) Meet all of the requirements in OAR 581-017-0653 and 581-017-0655. (c) Demonstrate the capability and capacity to deliver all required elements of Reengagement Program services, which shall be fulfilled in part through the demonstration of partnerships, including but not limited to: (A) Educational partners (School districts, ESDs, Community Colleges, other education service providers); (B) Workforce/Training partners (Local Workforce Development Boards, Community Colleges, other training providers); and (C) Culturally Responsive and Equity-focused partners (Federally recognized tribes, Community-Based organizations, and other entities dedicated to addressing the needs of youth who are over-represented in the Eligible Youth population). (4) The Division shall award grants based on the evaluation of the grant proposals, which includes the following considerations: (a) Counties, Districts, and/or schools served, where there is a graduation/completion rate gap between underserved populations and the overall student rate; (b) Counties, Districts, and/or schools served, where there is a graduation/completion rate gap between the local student population and the statewide graduation/completion rate; (c) The participation of entities that have demonstrated success in improving student outcomes; (d) Location of a reengagement program, and factors related to availability of reengagement services and other resources in a given community; and (e) Demonstrable trauma-informed policies, practices, and/or partnerships. Statutory/Other Authority: ORS 417.859 Statutes/Other Implemented: ORS 417.859 History: YDD 1-2022, minor correction filed 11/29/2022, effective 11/29/2022 YDD 5-2021, minor correction filed 02/24/2021, effective 02/24/2021 YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020
423-160-0013 Reengagement Grant Reporting (1) Recipients of the Reengagement Grant must report on activities carried out under the grant, in a manner prescribed by the Youth Development Division. (2) The reporting requirements, data element definitions, and report submission process for Reengagement Grant recipients shall be specified in the grant funding process. (3) The Youth Development Division will review reporting and data from Reengagement Programs and the Statewide Youth Reengagement System. The Division will notify and advise the Youth Development Council, Oregon Department of Education, and State Board of Education of any recommendations on educational accountability standards as applied to Reengagement Programs and reengaged students, where it identifies opportunities to: (a) More appropriately assess reengagement outcomes; (b) Remove barriers to reengagement; and (c) Identify new accountability measures aligned with the services provided by Reengagement Programs. (4) The Youth Development Division will consult with the Oregon Department of Education to align and reconcile data collected from Reengagement Programs and the Statewide Youth Reengagement System with relevant data collected by the Oregon Department of Education. Statutory/Other Authority: ORS 417.859 Statutes/Other Implemented: ORS 417.859 History: YDD 6-2021, minor correction filed 02/24/2021, effective 02/24/2021 YDD 1-2020, adopt filed 04/30/2020, effective 04/30/2020
431-121-2005 General Administration (1) The Administrator, or designee, may: (a) Negotiate price discounts and rebates on prescription drugs with prescription drug manufacturers and GPOs; (b) Purchase prescription drugs on behalf of participating programs; (c) Contract with a PDCP or PBM to adjudicate pharmacy claims and transmit program prices to pharmacies; (d) Determine program prices and reimburse or replenish pharmacies for prescription drugs dispensed or transferred; (e) Adopt and implement a PDL for the OPDP; (f) Develop a system for allocating and distributing the operational costs of the program and any rebates obtained to participating programs; and (g) Cooperate with any state or regional consortia in bulk purchasing of prescription drugs. (2) The Administrator or designated entity shall oversee the implementation of the OPDP, including review of member eligibility information, participating program information, and pharmacy provider compliance with program requirements. The Administrator, or designated entity, shall review records or other information, including health information, necessary to perform oversight responsibilities. (3) The Administrator shall establish processes, terms, and conditions describing how the entities identified in ORS 414.312(4) may participate in the OPDP as a participating program, including entities otherwise subject to ORS 731.036(6). (4) The Administrator or designated entity may contract with a PBM and directly or indirectly with pharmacy providers as the Administrator or designated entity considers necessary to maintain statewide access for OPDP members including consideration for CAP providers. (5) The Administrator or designated entity may contract with replenishment administrators, GPO’s, 340B providers, and pharmacy providers as necessary to utilize discount purchasing programs. (6) Annually, no later than November 1, the Office of Rural Health shall determine any Oregon pharmacies that meet CAP status and report them to the OPDP for CAP designation. OPDP shall send the current list of all Oregon retail pharmacies to the Office of Rural Health no later than October l each year. Statutory/Other Authority: ORS 414.320 Statutes/Other Implemented: ORS 414.312 - 414.320 History: OPDP 2-2015, f. & cert. ef. 12-7-15 Renumbered from 410-121-2005, OPDP 1-2015, f. & cert. ef. 2-18-15 DMAP 10-2012, f. 3-6-12, cert. ef. 3-13-12 Renumbered from 409-030-0005 by DMAP 1-2011, f. 2-10-11, cert. ef. 3-1-11 OHP 3-2009, f. & cert. ef. 10-1-09 OHP 3-2007, f. & cert. ef. 8-3-07 Reverted to OHP 1-2004, f. & cert. ef. 9-24-04 OHP 2-2006(Temp), f. & cert. ef. 11-28-06 thru 5-23-07 OHP 1-2004, f. & cert. ef. 9-24-04
431-121-2010 Pharmacy Providers (1) The pharmacy shall contract with the Authority, or its designated entity, and must be licensed with their state Board of Pharmacy to be a pharmacy provider for the OPDP. (2) The pharmacy provider must sign a pharmacy provider contract and comply with all applicable state and federal laws, regulations, rules, and the terms and conditions of the contract. The contract authorizes the pharmacy provider to serve members in the OPDP and outlines program compliance requirements. (3) A contract may be issued to a qualified pharmacy provider upon: (a) Completion and signature of the contract by the pharmacy provider or a person authorized by the pharmacy provider to bind the organization; (b) Verification of Pharmacy licensing with their State Board of Pharmacy; and (c) Approval of the contract by the Authority or its designated entity. (4) To contract for the OPDP, the pharmacy provider must: (a) Accept the program price in effect on the date of the transaction as established by the Administrator or designated entity including but not limited to dispensing fees which may be charged to the member; (b) Maintain sufficient documentation of transactions to resolve disagreements with the member or participating program about the amount charged for the prescription drugs; (c) Reimburse the member or participating program directly for overcharges as determined by program price in effect on the date of the transaction; (d) Provide access to records and data required by the designated entity to administer claims, reimbursement, and other tasks as necessary for OPDP claims processing; and (e) Not charge members for costs incurred by the pharmacy provider for the electronic transmittal of the program price from the Authority to the pharmacy. (5) Pharmacy providers may advertise participation in the OPDP, provided that: (a) Advertising or marketing materials must be accurate and not misleading or confusing to members or the public about participation in the OPDP or the savings offered by the pharmacy provider. (b) The pharmacy provider must cease all advertisements pertaining to participation in the program if the Authority suspends or terminates the contract. (6) The Administrator or designated entity shall, at its discretion, suspend or remove a pharmacy provider from the OPDP if the pharmacy provider loses licensure or fails to comply with applicable state and federal laws, rules, and regulations, and the terms and conditions of the contract. Statutory/Other Authority: ORS 414.320 Statutes/Other Implemented: ORS 414.312 - 414.320 History: Renumbered from 410-121-2010, OPDP 1-2015, f. & cert. ef. 2-18-15 DMAP 10-2012, f. 3-6-12, cert. ef. 3-13-12 Renumbered from 409-030-0010 by DMAP 1-2011, f. 2-10-11, cert. ef. 3-1-11 OHP 3-2009, f. & cert. ef. 10-1-09 OHP 3-2007, f. & cert. ef. 8-3-07 OHP 2-2007(Temp), f. & cert. ef. 5-16-07 thru 11-6-07 OHP 1-2004, f. & cert. ef. 9-24-04
431-121-2020 Program Price (1) The price for a prescription drug a pharmacy provider may charge a member under the OPDP is the lesser of the following on the date of the transaction: (a) The program price, or (b) The pharmacy provider’s usual and customary price, including program cost and dispensing fee. (2) The designated entity shall transmit the price of the prescription drugs to the pharmacy providers electronically. (3) The OPDP is limited to prescription drugs prescribed in the name of and for the use by the member, except as otherwise provided in section (7) of this rule. (4) Prescription drug benefit access shall be available on member identification cards. (5) The OPDP does not include prescriptions for over-the-counter drugs. (6) The Administrator, or designated entity, may establish different program prices for CAP providers to maintain statewide access to the OPDP. (7) Unique pricing arrangements may be agreed upon between pharmacy providers and designated entity to accommodate group purchasing or 340B pricing for qualified entities. Statutory/Other Authority: ORS 414.320 Statutes/Other Implemented: ORS 414.312 - 414.320 History: OPDP 1-2024, amend filed 05/17/2024, effective 05/17/2024 Renumbered from 410-121-2020, OPDP 1-2015, f. & cert. ef. 2-18-15 DMAP 10-2012, f. 3-6-12, cert. ef. 3-13-12 Renumbered from 409-030-0020 by DMAP 1-2011, f. 2-10-11, cert. ef. 3-1-11 OHP 3-2009, f. & cert. ef. 10-1-09 OHP 3-2007, f. & cert. ef. 8-3-07 OHP 2-2007(Temp), f. & cert. ef. 5-16-07 thru 11-6-07 OHP 2-2006(Temp), f. & cert. ef. 11-28-06 thru 5-23-07 OHP 1-2004, f. & cert. ef. 9-24-04