justicedao/ipfs_state_laws huggingface dataset:
309-019-0280 IPS Program Requirements and Operational Standards (1) To be eligible for Medicaid or State General Fund reimbursement, IPS Supported Employment Services shall be provided only by those programs meeting the following minimum qualifications: (a) The program shall hold and maintain a certificate, in good standing and not subject to any adverse action issued by the Division under OAR chapter 309, division 008 for the purpose of providing Outpatient Behavioral Health Services; and (b) The program shall hold and maintain a certificate issued by the Division under OAR 309-019-0270 through 309-019-0295 for the purposes of providing IPS services. (2) The IPS program shall be reviewed annually for fidelity adherence by the Division Approved Reviewer. IPS programs may not bill Medicaid or use general funds for the provision of IPS unless they achieve a minimum score of 100 on the fidelity scale as outlined in OAR 309-019-0285. (3) An IPS program must include, at minimum the following staff: (a) an IPS Supervisor and/or Team Leader, who may carry a case load if needed to ensure case load ratio per(3)(b)(B) of this ruleset. (b) At least one Employment Specialists. (A)The primary focus of this position will be on Vocational Service-related tasks. (B) Case load size should not exceed more than 20:1 ratio. If case load exceeds this amount, it is recommended that the team adapt with additional staffing in attempt to ensure case loads are manageable per evidence-based model. (4) A Peer Support FTE is optional staff as defined in OAR 410-173-0005(27) and/or Peer Wellness Specialist FTE, as described in ORS 414.025(21). A registry of certified Peer Support Specialist Specialists and Peer Wellness Specialists may be found at the Office of Equity and Inclusion’s Traditional Health Worker’s website. (5) Community Collaboration requirements: (a) IPS staff need to attend at least one weekly relevant meeting for treatment planning with any mental health providers identified that participants are working with. These collaborations can be in-house to the IPS program/agency or with community partners as identified. These meetings must be routinely attended and documented. (b) Identify any other employment services and collaborate on behalf of participant. This can include but not limited to Vocational Rehab, State Unemployment Office etc. (6) Progress or chart notes will be updated at least monthly or as needed by IPS staff (7) All IPS Program staff shall attend IPS 101 from the Division Approved Reviewer within four months of hire. Staff’s competency will be evaluated during the annual fidelity review process. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.630 History: BHS 3-2024, amend filed 01/27/2024, effective 02/01/2024 MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17
309-019-0282 IPS Program Certification (1) Ongoing certification is driven by compliance with annual fidelity review by the Division Approved Reviewer per OAR 309- 019-0285. If a program does not cooperate with annual fidelity review, Division will take necessary actions that could include suspension and/or termination of IPS certification. (2) Programs seeking IPS certification shall submit a letter of request for Provisional Status to the Division with the following information: (a) Statement detailing current certificates in good standing and not subject to any adverse action issued by the Division; (b) Intended service area and or geographical identifiers of services. (c) Intended population if there intends to be any demographical specific services. This can include but not limited to culturally specific, age specific and/or other population identifiers; (d) Intended capacity; (e) Name of program lead. (3) Letters for Provisional Status must be submitted to the Division no later than 60 days prior to projected provisional start date. (4) Included in submission for Provisional Status, the intended program must have a letter of support from the Division Approved Reviewer. (5) All certifications (Provisional and ongoing) shall be effective for one year from the date of approval by the Division. (6) At the end of one year, the program must achieve a passing fidelity score per OAR 309- 019-0285. Statutory/Other Authority: ORS 413.042 History: BHS 3-2024, adopt filed 01/27/2024, effective 02/01/2024
309-019-0285 IPS Fidelity Requirements (1) A certified IPS Program shall be reviewed annually for fidelity adherence by the Division Approved Reviewer and reach a benchmark of at least a score of 100. A program may not bill Medicaid unless certification is current. (2) Fidelity reviews shall be conducted utilizing the Division approved fidelity scale which the Division Approved Reviewer shall make available to programs electronically at least 45 calendar days prior to scheduled fidelity review. (3) Within 30 calendar days following the fidelity review, the Division Approved Reviewer shall provide a comprehensive fidelity review report to the Division and the IPS Program. (4) Within seven calendar days following issuance of the fidelity review report, the IPS Program shall send a copy of the fidelity review report to the appropriate Coordinated Care Organization (CCO) unless otherwise specified in program/CCO contract. (5) Within 14 calendar days of the issuance of fidelity review report, The Division, The Division Approved Reviewer, and program will meet to discuss the outcome of the comprehensive report findings. The CCO can be invited and attend the meeting if the CCO requests. (6) The Division may deny, revoke, suspend, or not renew an IPS Program Certification for failure to participate in an annual fidelity review. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.630 History: BHS 3-2024, amend filed 01/27/2024, effective 02/01/2024 MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17
309-019-0295 IPS Reporting Requirements (1) Providers of IPS Supported Employment Services shall submit quarterly outcome reports using forms and procedures prescribed by the Division within 45 days following the end of each subject quarter to the Division or the Division approved reviewer. (2) Each quarterly report shall provide the following information including but not limited to: (a) All individuals who received IPS services in the reporting quarter; (b) Individuals who received IPS Services who are employed in competitive employment; and (c) Individuals who discontinued receiving IPS services and are employed in competitive employment; and (d) Individuals who received IPS and also were participating in other outpatient treatment models. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.630 History: BHS 3-2024, amend filed 01/27/2024, effective 02/01/2024 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17
309-019-0300 Service Requirements (1) Crisis line services shall be provided directly or through linkages to a crisis line services provider 24/7. (2) Crisis line services shall include but is not limited to: (a) 24/7 accessibility to a QMHP; (b) 24/7 bi-lingual or interpreter availability; (c) 24/7 telephone screening to determine the need for immediate intervention; (d) 24/7 linkage to emergency service providers, including first responders and mobile crisis services; (e) Best practice risk assessment, including suicide risk assessment; (f) Suicide intervention and prevention; (g) Lethal means counseling and safety planning for individuals at risk for suicide; (h) Crisis intervention; (i) Crisis plan development; (j) Triage; (k) Providing information regarding services and resources in the community; and (L) Procedures for de-escalation for calls from suicidal individuals. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630, 430.640 & 430.644 - 430.646 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17
309-019-0305 Provider Standards (1) Crisis line services providers shall develop and implement written policies and procedures to address provider standards. (2) Provider standards shall include but is not limited to: (a) Training curriculum and ongoing education programs to meet training requirements; (b) Coordination with other treatment providers including mobile crisis services and other crisis line services providers to support seamless transitions of care; (c) Linkages to emergency services providers including first responders to address imminent risks and to support seamless transitions of care; (d) De-escalation procedures; (e) Follow-up procedures when indicated and appropriate; (f) Documentation; (g) Code of ethics; and (h) Security of information protocols. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630, 430.640 & 430.644 - 430.646 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17
309-019-0310 Minimum Staffing Requirements (1) At least one QMHP shall be available by phone or face-to-face 24/7 for consultation. (2) At least one QMHP shall provide regular clinical supervision to staff. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630, 430.640 & 430.644 - 430.646 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17
309-019-0315 Training Requirements (1) Staff training curriculum shall include but is not limited to: (a) Triage protocol; (b) Referral resources; (c) Crisis plan development; (d) Screening for a Declaration for Mental Health Treatment. (2) Staff training curriculum shall include best practices for the following: (a) Risk assessment, including suicide risk assessment; (b) Suicide intervention and prevention; (c) Safety planning; (d) Lethal means counseling; (e) De-escalation methods; (f) Crisis intervention; (g) Recovery support, including peer delivered services; (h) Trauma informed care; and (i) Cultural awareness. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630, 430.640 & 430.644 - 430.646 History: MHS 6-2017, f. & cert. ef. 6-23-17
309-019-0320 Documentation Requirements (1) Documentation of calls shall include but is not limited to: (a) Summary of presenting concern, assessment of risk factors, interventions, evaluation of interventions, the plan for the management and resolution of the crisis or emergency situation reported, referrals to other services, and collaboration that occurred with emergency services providers or other treatment providers, when appropriate; (b) If a suicide risk assessment was completed; (c) Summary of safety planning and lethal means counseling, as appropriate. (2) A log or report of all contacts with the provider, including the name of each caller, when available, the crisis line worker, and the time and duration of the call shall be maintained for quality assurance review and ongoing staff supervision. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.630, 430.640 & 430.644 - 430.646 History: MHS 6-2017, f. & cert. ef. 6-23-17
309-020-0100 Purpose These rules prescribe general minimum operational standards for services and supports provided by Peer Respite Programs. Statutory/Other Authority: ORS 430.275 & HB 2980 (2021) Statutes/Other Implemented: ORS 430.275 History: BHS 2-2023, adopt filed 01/11/2023, effective 01/12/2023 BHS 15-2022, temporary adopt filed 08/08/2022, effective 08/08/2022 through 02/03/2023
309-020-0105 Definitions (1) “Culturally and linguistically responsive services” means the provision of effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural beliefs and practices, preferred languages, health literacy, and other communication needs. (2) “Culturally and linguistically specific services” means provision of culturally and linguistically responsive services (defined in section (1) of this rule set) designed for and delivered to a specific population by a provider who shares the culture, language, or identity with the individual seeking services. Culturally and linguistically specific services are grounded in the cultural values of minoritized communities to elevate their voices and experiences, with the aim of enhancing emotional safety, belonging, and a shared collective cultural experience for healing and recovery of the community served. (3) “Gender-affirming and responsive services” means services that holistically attends to but is not limited to transgender, gender-nonconforming, non-binary, Two Spirit and intersex people’s physical, mental, and social health needs and well-being while respectfully affirming their gender identity. Gender affirming care is sensitive and responsive to an individual’s gender identities and expressions. Gender affirming care complies with non-discrimination laws. (4) “LGBTQIA2S+ affirming and inclusive services” means services that proactively create an environment that intentionally and purposefully supports members of the LGBTQIA2S+ community. LGBTQIA2S+ community members are treated with respect, dignity and have equitable access to services, supports, and opportunities in a manner that sustains their whole selves. (5) “Peer respite services” means voluntary, non-clinical, short-term residential peer support as defined in ORS 430.275. (6) “Peer-run organization” means a community-based organization as defined in ORS 430.275. (7) “Peer support” means assistance as defined in ORS 430.275. (8) “Recovery principles” means a set of principles and values that are holistic, strengths-based, mutually supportive, respectful, individualized and person-directed, and that support self-direction, empowerment, responsibility, and hope for people. (9) “Trauma-informed practices” means strengths-based practices that seek to understand trauma and how it impacts people’s lives. Trauma-informed practices emphasize physical, psychological, and emotional safety for everyone and support people in having choice and control of their own lives. Statutory/Other Authority: ORS 430.275 & HB 2980 (2021) Statutes/Other Implemented: ORS 430.275 History: BHS 2-2023, adopt filed 01/11/2023, effective 01/12/2023 BHS 15-2022, temporary adopt filed 08/08/2022, effective 08/08/2022 through 02/03/2023
309-020-0120 Operational, Policy, and Service Support Requirements (1) Peer Respite programs must: (a) Be operated by peer-run organizations; (b) Ensure participation is voluntary and self-directed; (c) Provide peer respite services and peer support according to recovery principles. (2) Peer respite programs must maintain, implement, and formalize organizational policies and procedures that detail the following standards of service. Peer respite programs must make these policies and procedures available to the Oregon Health Authority and program participants: (a) Peer values and recovery principles; (b) Culturally and linguistically responsive services; (c) Culturally and linguistically specific services, when offered by the program; (d) Accessibility for people with intellectual and developmental disabilities; (e) Accessibility for people with physical disabilities; (f) Gender-affirming and responsive services; (g) LGBTQIA2S+ affirming and inclusive services; (h) Trauma-informed practices; (i) Incident and emergency response plan ; (j) Minimum staff training certification and continuing education requirements; (k) Medication management policy; (l) Minimum staffing requirements; and (m) Employee wellness and support plan. Statutory/Other Authority: ORS 430.275 & HB 2980 (2021) Statutes/Other Implemented: ORS 430.275 History: BHS 2-2023, adopt filed 01/11/2023, effective 01/12/2023 BHS 15-2022, temporary adopt filed 08/08/2022, effective 08/08/2022 through 02/03/2023
309-020-0130 Data Collection and Reporting Requirements (1) Financial recordkeeping and reporting is required as follows: (a) Programs must keep accurate books, records and accounts that are subject to inspection and audit by the Oregon Health Authority upon request; and (b) Additional financial reporting requirements must be followed as outlined and pre-negotiated in each grant or funding agreement or contract. (2) Participant demographics and participant service and support reporting is required. Each program must, at a minimum, collect and report on the following: (a) Number of people served ; (b) Average duration of participant stay; (c) Demographic data on people served, including self-reported demographic data on race, ethnicity, gender identity, and age. Each program must collect data in accordance with OAR 943 Division 070; (d) Grievances and safety concerns; and (e) Additional outcome reporting requirements must be followed as outlined and pre-negotiated in each grant or funding agreement or contract. Statutory/Other Authority: ORS 430.275 & HB 2980 (2021) Statutes/Other Implemented: ORS 430.275 History: BHS 2-2023, adopt filed 01/11/2023, effective 01/12/2023 BHS 15-2022, temporary adopt filed 08/08/2022, effective 08/08/2022 through 02/03/2023
309-021-0100 IIBHT Purpose and Scope (1) The Intensive In-Home Behavioral Health Treatment (IIBHT) is a community based, multidisciplinary mental health treatment program for youth and young adults under the age of 21 and anyone covered under Early and Periodic Screening. Diagnostic and Treatment (EPSDT) or Youth with Special Health Care Needs (YSHCN) and their families. IIBHT offers a menu of therapeutic services and supports for youth , young adults and their families delivered in a community-based setting. The intent of IIBHT is to work collaboratively with youth, young adults and their families to address complex mental health concerns, reduce emergency department use, avoid out of home placement or facility-based treatment where possible, and support youth, young adults and their families when returning home from out of home placement or facility-based treatment. (2) IIBHT Providers shall have program staff that includes Licensed Medical Providers (LMP), Qualified Mental Health Professionals (QMHP), Qualified Mental Health Associates (QMHA) and Peer Support Specialists available and sufficient to meet the individual needs and preferences of the youth, young adults, and their families enrolled in services. (3) IIBHT providers shall coordinate care with internal and external partners as needed to support the mental health needs and supports of the youth/young adult and their family. (4) IIBHT Services shall include, at a minimum, the following types of services: (a) Child Psychiatric Services provided by: (A) A Board Eligible or Certified Child and Adolescent Psychiatrist; or (B) A Psychiatric Mental Health Nurse Practitioner (PMHNP) with at least 3 years of experience working with youth, young adults, and families. (b) Skills training; (c) Individual therapy; (d) Family therapy; (e) In-home Proactive Support and Crisis Response available 24 hours each day; (f) Case Management (g) Peer Delivered Services: (A) Family Support Specialists; and (B) Youth Support Specialists. (h) Care Coordination; and (i) 90 Day Treatment Review Meetings (5) All providers must operate in compliance with these rules. These rules create the minimum service delivery standards for services and supports delivered by providers certified by the Behavioral Health Division of the Oregon Health Authority. (6) Before a provider can apply to render IIBHT services, providers must hold a current Certificate of Approval for outpatient mental health services in accordance with OAR Chapter 309, Division 008 (309-008-0100 – 309-008-1600) Certification of Behavioral Health Treatment Services. Statutory/Other Authority: ORS 413.042, 430.640 & 430.705 Statutes/Other Implemented: ORS 430.010, 430.205 & 430.708 History: BHS 3-2025, adopt filed 02/27/2025, effective 03/01/2025
309-021-0120 IIBHT 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 309-008 Certification of Behavioral Health Treatment Services (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) 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 (2) 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. (c) OAR Chapter 410 Division 151 Early and Periodic Screening, Diagnostic and Treatment Statutory/Other Authority: ORS 413.042, 430.640 & 430.705 Statutes/Other Implemented: ORS 430.010, 430.205 & 430.708 History: BHS 3-2025, adopt filed 02/27/2025, effective 03/01/2025