justicedao/ipfs_state_laws huggingface dataset:
309-008-1500 Complaints (1) Any individual may file a complaint with the Division concerning a provider holding a certificate under these rules. The Division may require the complainant to exhaust grievance procedures available through the provider and, if applicable, the Medicaid payer, prior to initiating an investigation. (2) The Division shall only investigate a complaint concerning a provider falling within the Division’s scope and regulatory authority: (a) The Division shall investigate and respond to a complaint pursuant to Division policies and procedures; (b) The Division shall refer the complainant to the appropriate entity if the complaint pertains to a provider falling outside the Division’s scope or regulatory authority or otherwise regulated by another state or local entity. (3) Consequences of a substantiated complaint related to the health, safety or welfare of an individual or the public may result in the suspension, revocation, denial or nonrenewal of an applicant or provider’s application or certificate. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-008-1600 Variance (1) An applicant or provider may request a variance to these rules, applicable service delivery rules, or other applicable regulations. (2) The applicant or provider must submit the variance request directly to the Division along with the application documents submitted to the Division. The variance request must include: (a) A description and applicable details of the variance requested, including the applicable section of the rule for which the variance is sought; (b) The rationale and necessity for the requested variance; (c) The alternative practice proposed, where relevant; and (d) The proposed duration of the variance, including a plan and timetable for compliance with the rule exempted or adjusted by the variance. (3) The Director, whose decision is final, shall approve or deny the variance request and include an expiration date for the variance not to exceed the length of the provider’s current certificate. (4) A variance granted by the Division becomes part of the certificate. Continuance of the variance will not be automatic and will be reconsidered at the expiration of the variance or when the certification is being considered for renewal, whichever comes first. (5) Requesting renewal of a variance in advance of current variance expiration is the responsibility of each provider. (6) Failure by the provider to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance may result in the Division withdrawing approval for a variance. (7) Failure by the provider to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance such that the health or safety of individuals is jeopardized to the degree that cessation of services by the provider is considered necessary to prevent harm to the individual may result in the Division taking action on the certificate pursuant to OAR 309-008-1100. Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556 Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637 History: BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018 MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018 MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16
309-009-0000 Purpose and Scope (1) These rules establish the Certified Community Behavioral Health Clinics (CCBHC) and define the criteria and process that the Authority must use to recognize, verify status, and certify provider organizations as CCBHCs. These rules specify the standards for the CCBHC application and certification process. (2) In addition to meeting all state and federal criteria outlined in Chapter 309 Division 009 and the “Oregon Certified Community Behavioral Health Clinic (CCBHC) Program Requirements Manual - Version 1”, only organizations certified under OAR 309-008-0100 to 309-008-1600 (Standards for Certification of Behavioral Health Treatment Services) for the following certifications may become certified: (a) Outpatient mental health (Chapter 309 Division 019), (b) ASAM 0.5 (OAR 309-019-0181), (c) ASAM 1 (OAR 309-019-0182); (d) ASAM 2.1 (OAR 309-019-0183; (e) If directly providing mobile crisis services, Mobile Crisis Intervention Services and Crisis Stabilization Services (Chapter 309 Division 072). (3) The “Oregon Certified Community Behavioral Health Clinic (CCBHC) Program Requirements Manual- Version 1” should be used as the primary source outlining CCBHC requirements and duties. Should there be a perceived conflict between rules and manual, CCBHCs and applicants should defer to “Oregon Certified Community Behavioral Health Clinic (CCBHC) Program Requirements Manual - Version 1”. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.042 & HB 4002 (2024) Statutes/Other Implemented: ORS 413.042 History: BHS 22-2025, amend filed 09/30/2025, effective 10/01/2025 OHP 10-2018, renumbered from 409-062-0000, filed 08/01/2018, effective 08/01/2018 OHP 14-2016, f. & cert. ef. 9-26-16 OHP 7-2016(Temp), f. & cert. ef. 4-22-16 thru 10-18-16
309-009-0020 Program Certified Community Behavioral Health Clinic (CCBHC) Administration (1) Oregon Health Authority (Authority) must develop and implement a uniform application and process for certifying CCBHCs throughout the state of Oregon. (2) The Authority must recognize provider organizations as certified CCBHCs upon meeting criteria set forth in Oregon Administrative Rules (OAR) 309-009-0040. (3) The Authority must administer CCBHC program requirements, including: (a) Data collection and analysis; (b) Verification that a provider organization meets the defined CCBHC criteria outlined in OAR 309-009-0040, including requirements outlined in “Oregon Certified Community Behavioral Health Clinic (CCBHC) Program Requirements Manual- Version 1”; and (c) Technical assistance. Statutory/Other Authority: ORS 413.042 & HB 4002 (2024) Statutes/Other Implemented: ORS 413.042 History: BHS 22-2025, amend filed 09/30/2025, effective 10/01/2025 OHP 10-2018, renumbered from 409-062-0020, filed 08/01/2018, effective 08/01/2018 OHP 14-2016, f. & cert. ef. 9-26-16 OHP 7-2016(Temp), f. & cert. ef. 4-22-16 thru 10-18-16
309-009-0040 Certification Criteria An applicant seeking Certified Community Behavioral Health Clinic (CCBHC) certification must meet the following criteria: (1) CCBHCs must conform to at least one of the following criteria for organizational authority: (a) Is a non-profit organization exempt from tax under Section 501(c)(3) of the United States Internal Revenue Code (b) Is part of a local government behavioral health authority. An applicant is considered part of a local government behavioral health authority when a locality, county, region, or state maintains authority to oversee behavioral health services at the local level and utilizes the clinic to provide those services; (c) Is operated under the authority of the Indian Health Service, an Indian tribe, or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act (25 U.S.C. 450 et seq.); or (d) Is an urban Indian organization pursuant to a grant or contract with the Indian Health Services, under Title V of the Indian Health Care Improvement Act (25 U.S.C 1601 et seq.) (2) Meet designation requirements for “Ready to Certify” or “Mostly ready to certify, with assistance” as defined in OAR 309-009-0050, (3) Meet state criteria stated in the document titled “Oregon CCBHC Program Requirements Manual - Version 1” located on the CCBHC website ; (4) Hold certifications as outlined in Oregon Administrative Rules (OAR) 309-009-0000(2); (5) Provide directly or through designated collaborating organization, all required services: (a) 24-hour crisis behavioral health services, including mobile crisis outreach; (b) Screening, assessment, and diagnosis; (c) Person-centered and family-centered treatment planning; (d) Outpatient mental health and substance use disorder services; (e) Primary care screening and monitoring; (f) Targeted case management; (g) Psychiatric rehabilitation services; (h) Peer and family support services; and (i) Intensive, community-based mental health care for members of the armed forces and veterans; (6) Agree to site visit and follow up activities with the CCBHC site review team. (7) Applicants that are not a community mental health program (CMHP) must submit a finalized written agreement between the applicant and CMHP, meeting the requirements outlined in the “CMHP-CCBHC Written Agreement Guidance,” found on the CCBHC website. If the non-CMHP and CMHP are unable to reach a mutual agreement on the coordination of services, either entity is permitted to request a meeting with the Authority. Statutory/Other Authority: ORS 413.042 & HB 4002 (2024) Statutes/Other Implemented: ORS 413.042 History: BHS 22-2025, amend filed 09/30/2025, effective 10/01/2025 OHP 10-2018, renumbered from 409-062-0040, filed 08/01/2018, effective 08/01/2018 OHP 14-2016, f. & cert. ef. 9-26-16 OHP 7-2016(Temp), f. & cert. ef. 4-22-16 thru 10-18-16
309-009-0050 Level of Readiness (1) The Authority must review CCBHC criteria using a level of readiness tool to specify a level of readiness designation as follows: (a) Ready to certify: Demonstrates substantial conformance to the criteria, current operation has capacity to be maintained and/or improved, demonstrates ongoing quality improvement. May require a Site Improvement Plan (SIP) for only a few criteria. (b) Mostly ready to certify, with assistance: Demonstrates conformance to many of the standards, has significant areas for improvement but evidence of the organization's capability to improve and commitment to progress. Requires a SIP for multiple criteria to achieve compliance. (2) Not ready to certify: Does not demonstrate sufficient conformance. Statutory/Other Authority: ORS 413.042 & HB 4002 (2024) Statutes/Other Implemented: ORS 413.042 History: BHS 22-2025, amend filed 09/30/2025, effective 10/01/2025 OHP 10-2018, renumbered from 409-062-0050, filed 08/01/2018, effective 08/01/2018 OHP 14-2016, f. & cert. ef. 9-26-16 OHP 7-2016(Temp), f. & cert. ef. 4-22-16 thru 10-18-16
309-009-0060 Variances (1) The Authority may grant a variance to a CCBHC applicant or provider if: (a) There is a lack of resources to meet the criteria required in these rules; or (b) Implementation of the proposed alternative services, methods, concepts or procedures would result of in improved outcomes for the individual. (2) CCBHC applicants must submit the variance request directly to the Authority using the approved “Application for Continued Variance” form. (3) The authority must approve or deny the request for a variance and must notify the provider in writing of the decision to approve or deny the requested variance. (4) Granting a variance for one request does not set a precedent that must be followed by the Authority when evaluating subsequent requests for variance. Variances are only approved for a specified duration of time as established in the variance approval. Statutory/Other Authority: ORS 413.042 & HB 4002 (2024) Statutes/Other Implemented: ORS 413.042 History: BHS 22-2025, amend filed 09/30/2025, effective 10/01/2025 OHP 10-2018, renumbered from 409-062-0060, filed 08/01/2018, effective 08/01/2018 OHP 14-2016, f. & cert. ef. 9-26-16 OHP 7-2016(Temp), f. & cert. ef. 4-22-16 thru 10-18-16
309-011-0024 Purpose and Scope The purpose of these rules is to implement ORS 430.073, related to the Oregon Health Authority’s Oregon Consumer Advisory Council ( OCAC ). The scope of these rules is limited strictly to the O CAC, and will clarify O CAC’s purpose, scope, membership, roles, and responsibilities, and those of the Oregon Health Authority. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0026 Definitions (1) “Administrative Support” means the tasks provided by the Oregon Health Authority, which are detailed in OAR 309-011-0230(b) below. (2) “Advise” means to recommend, suggest, or inform. (3) “OCAC” means the Consumer Advisory Council authorized by ORS 430.073 and comprised of consumers appointed by the Director. (4) “Consumer” means a person who is receiving, or has received services for a mental health condition, substance use disorder, or problem gambling disorder; or identifies as having lived experience with a mental health condition, substance use disorder, process addictions or problem gambling disorder; or is currently or formerly the parent or caregiver of a similarly qualifying youth (up to age 25). (5) “Director” means the Director of the Oregon Health Authority. (6) Director’s Designee means the OHA staff member with delegated authority from the Director as liaison to the OCAC. (7) “Majority Vote” means a decision agreed upon by the majority of appointed council members. (8) “Oregon Health Authority Representative” means the individual(s) identified by Oregon Health Authority to provide administrative support to the OCAC. (9) “Present” in relation to meetings means being physically present, or connected to the meeting process via conference call, tele-conference, audio, or video connection. (10) “Public Meeting” means those meetings open to the public and governed by ORS 192.610 through 192.690. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0028 CAC Roles (1) The role of OCAC is to provide the Oregon Health Authority feedback and recommendations from the independent, consumer and community voices of People with Lived and Living Experience, through recommendations on the provision of Behavioral Health services under the scope of the Oregon Health Authority. (2) OCAC shall work cooperatively with the Director’s Designee or other designated OHA representatives to provide feedback and recommendations on the provision of Behavioral Health services. (3) OCAC shall adhere to public meeting laws. (4) OCAC may develop a vision statement and goals, in alignment with ORS 430.073. (5) Once per year, OCAC shall, in consultation with the OHA Representative, develop and adopt a work plan for the ensuing twelve months. (6) OCAC may establish committees to investigate specific areas of interest related to Behavioral Health services. (7) OCAC shall not establish OHA policies, rules, internal directives, or procedures. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0031 CAC Responsibilities (1) OCAC shall have a full council meeting at least once every two months. (2) A meeting may continue without a quorum participating, but authorities granted to OCAC may not be exercised without a quorum. (3) Recommendations to Oregon Health Authority shall be provided in writing when OCAC has a recommendation accepted by a majority of the council. (4) Recommendations to the Oregon Health Authority shall be signed and dated by the chairs or vice-chairs. (5) OCAC in collaboration with the OHA Representative may determine the procedures related to conducting OCAC business. (6) OCAC shall provide guidance and mentorship to new members. (7) OCAC shall adhere to the Oregon Health Authority’s equity statement. (8) OCAC shall adhere to the Oregon Health Authority’s workplace policies and codes of conduct. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0032 Memberships: Selection and Terms (1) Members shall be appointed by the OHA Director or their designee after considering OCAC recommendations and shall be appointed for a three-year term following a written acceptance of the offer. (2) OCAC shall consist of between 15 and 25 consumers or People with Lived and Living Experience, and selection shall strive to represent: (a) Members with Lived and Living experience of representing the family voice. (b) Youth in transition (ages 16 to 25) (c) Adults ages 55 and older (d) A variety of cultures and ethnicities; (e) Diverse gender identity; (f) A balance of geographic areas within the state, and (g) Members with lived and living experience of a variety of behavioral health experiences. (3) Members may be reappointed for one additional three-year term. An OCAC member may submit an application for review, and OHA may appoint. (4) No person shall be excluded from serving as a member of OCAC due to affiliation with any organization or institution, or based on race, ethnic origin, religious affiliation, gender, age, disability, or sexual orientation. (5) Only the Director or their designee may remove a person from OCAC. (6) Members of OCAC are entitled to compensation and travel expenses as permitted under ORS 292.495 and 430.073(7). Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0034 Chair and Vice-Chair: Election and Duties (1) The OCAC shall elect, by a majority vote, one of its members as chair and one as vice-chair, to serve for a two year term each, with the possibility of re-election for one additional consecutive term. The role of chair or vice-chair may be shared by two members, acting as co-chairs or co vice-chairs. (2) The chair shall have the powers and duties necessary for the performance of the office. These duties shall include, but not be limited to the following: (a) Facilitation of OCAC meetings; (b) Ensuring that the content of OCAC meetings remains within the boundaries of its scope, purpose and authorities; (c) Identifying meeting agenda items, in collaboration with the OHA representative; (d) Calling special meetings (e) Signing documents from OCAC as may be required by these rules; (f) Making membership recommendations, in collaboration with OCAC, the OHA representative, and a 7 person committee of independent consumers and people with lived and living experience in behavioral health services., as defined in ORS 430.073; and (g) With approval from the OHA Representative, the Chair may represent OCAC by responding to requests for information or participation pertaining to OCAC. (3) The vice-chair or co-vice-chairs shall be responsible for the chair’s or co-chair’s duties in their absence. (4) Early termination or resignation of a chair or vice-chair’s position shall be filled by a majority vote, to serve a two-year term. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0036 OHA Responsibilities (1) OHA may provide the following to OCAC members: (2) OHA’s mission, vision, goals, roles and scope of business. (3) Lobbying restriction information; (4) Conflict of interest information; (5) Public meeting law information; (6) These administrative rules; and (7) Other administrative rules, OHA policies and procedures, internal management directives, and state and federal laws related to topics OCAC is considering as part of a recommendation to the Director’s Designee. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12
309-011-0040 Purpose and Statutory Authority (1) Purpose. These rules describe the organization and responsibilities of the Mental Health Advisory Board. (2) Statutory Authority. These rules are authorized by ORS 413.042 and carry out the provisions of ORS 430.050. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.050 History: MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82
309-011-0045 Definitions As used in these rules: (1) “Administrator” means the Assistant Director of the Addictions and Mental Health Division, Oregon Health Authority. (2) “Consumer” means a person receiving or eligible to receive services under rules of the Division. (3) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (4) “Mental Health Advisory Board” means a board appointed by the Administrator and approved by the Governor to study the problems of persons with mental illness or developmental disabilities, assist in planning, and make recommendations to the Administrator for the development of policies and procedures with respect to the state mental health services, and developmental disabilities services programs. (5) “Disabled Person” means any person who: (a) Has a physical or mental impairment which substantially limits one or more major life activities; (b) Has a record of such an impairment; or (c) Is regarded as having such an impairment. Statutory/Other Authority: ORS 413.042 & 430.050 Statutes/Other Implemented: 430.050 History: MHD 4-1995, f. 5-31-95, cert. ef. 6-1-95 MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82
309-011-0050 Organization (1) The Mental Health Advisory Board shall be composed of at least 15 but not more than 20 lay and professionally trained individuals. (2) The Administrator, with the approval of the Governor, shall appoint the board members. (3) Board members shall provide a balanced representation of program areas and populations served, and shall reflect the diverse ethnic, age and disability characteristics of consumers of services provided in Division programs. (4) At least two members of the Board shall be disabled persons, one of whom is a consumer of mental health services and one of whom is a consumer of developmental disability services. Two additional members of the Board shall be consumers or family members of consumers. (5) Members of the board shall serve for terms of four years expiring on the last day of odd numbered years. (6) Members are entitled to compensation and expenses as provided in ORS 292.495. (7) The Administrator may remove any member of the board for misconduct, incapacity or neglect of duty. Any member who is absent from three consecutive meetings of the Board may be removed, at the Administrator’s discretion. (8) The Administrator may make provision for technical and clerical assistance to the Mental Health Advisory Board and for the expense of such assistance. (9) The board shall meet at least twice each year. Statutory/Other Authority: ORS 413.042 & 430.050 Statutes/Other Implemented: 430.050 History: MHD 4-1995, f. 5-31-95, cert. ef. 6-1-95 MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82