justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 414 — Medical Assistance

ORS 414.900. Hospital assessment; penalties. (1) A hospital that fails to file a report or pay an assessment under ORS 414.855 by the date the report or payment is due shall be subject to a penalty of up to $500 per day of delinquency. The total amount of penalties imposed under this section for each reporting period may not exceed five percent of the assessment for the reporting period for which penalties are being imposed. (2) Penalties imposed under this section shall be collected by the Oregon Health Authority and deposited in the Oregon Health Authority Fund established under ORS 413.101. (3) Penalties paid under this section are in addition to and not in lieu of any assessment imposed under ORS 414.855. [2003 c.736 5; 2009 c.828 52; 2009 c.867 18; 2017 c.538 31] Note:
ORS Chapter 414 — Medical Assistance

ORS 414.902. Managed care organization assessment; penalties. (1) If a managed care organization fails to timely pay an assessment under ORS 414.880, the Oregon Health Authority shall impose a penalty on the managed care organization of up to $500 per day of delinquency. The total amount of penalties imposed under this section for a calendar quarter may not exceed five percent of the assessment due for that calendar quarter. (2) Any penalty imposed under this section is in addition to and not in lieu of the assessment imposed under ORS 414.880. (3) Penalties received by the authority under this section shall be paid into the State Treasury and credited to the Health System Fund established under section 2, chapter 538, Oregon Laws 2017. [2017 c.538 10] Note: See note under
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.010. State hospitals for persons with mental illness. Except as otherwise ordered by the Oregon Health Authority pursuant to ORS 179.325, the Oregon State Hospital campuses in Salem, Marion County, and in Junction City, Lane County, shall be used as state hospitals for the care and treatment of persons with mental illness who are assigned to the care of the institutions by the authority or who have previously been committed to the institutions.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.020. Superintendent; chief medical officer. (1) The superintendent of a hospital referred to in ORS 426.010 shall be a person the Oregon Health Authority considers qualified to administer the hospital. If the superintendent of any hospital is a physician licensed by the Oregon Medical Board, the superintendent shall serve as chief medical officer. (2) If the superintendent is not a physician, the Director of the Oregon Health Authority or the designee of the director shall designate a physician to serve as chief medical officer. The designated chief medical officer may be an appointed state employee in the unclassified service, a self-employed contractor or an employee of a public or private entity that contracts with the authority to provide chief medical officer services. Unless the designated chief medical officer is specifically appointed as a state employee in the unclassified service, the designated chief medical officer shall not be deemed a state employee for purposes of any state statute, rule or policy. (3)(a) Notwithstanding any other provision of law, the designated chief medical officer may supervise physicians and naturopathic physicians who are employed by the hospital or who provide services at the hospital pursuant to a contract. (b) The designated chief medical officer may delegate all or part of the authority to supervise other physicians and naturopathic physicians at the hospital to a physician who is employed by the state, a self-employed contractor or an employee of a public or private entity that contracts with the authority to provide physician services.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.060. Commitment to Oregon Health Authority; powers of authority; placement; transfer. (1) Commitments to the Oregon Health Authority shall be made only by the judge of a circuit court in a county of this state. (2) The following is a nonexclusive list of powers the authority may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070, 426.228 to 426.235 or 426.237: (a) In its discretion and for reasons which are satisfactory to the authority, the authority may direct any court-committed person to the facility best able to treat the person. The decision of the authority on such matters shall be final. (b) At any time, for good cause and in the best interest of the person with mental illness, the authority may transfer a committed person from one facility to another. When transferring a person under this paragraph, the authority shall make the transfer: (A) If the transfer is from a facility in one class to a facility of the same class, as provided by rule of the authority; (B) If the transfer is from a facility in one class to a facility in a less restrictive class, by following the procedures for trial visits under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.072. Care while in custody; responsibilities of licensed independent practitioner; rules. (1) A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness is placed in custody at the hospital or nonhospital facility: (a) By a warrant of detention under ORS 426.070; (b) By a peace officer under ORS 426.228 or other individual authorized under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.075. Notice and records of treatment prior to hearing; procedures. This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070, orders a hearing under ORS 426.095. The following apply as described: (1) The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a mental illness that may substantially affect the ability of the person to prepare for or function effectively at the hearing. The following shall advise the court as required by this subsection: (a) When not otherwise provided by paragraph (b) of this subsection, the community mental health program director or designee. (b) When the person has been detained by a warrant of detention under ORS 426.070,
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.080. Execution and return of citation or warrant of detention. The person serving a warrant of detention or the citation provided for by ORS 426.090 shall, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court. In executing the warrant of detention or citation, the person has all the powers provided by ORS 133.235, 161.233, 161.242 and 161.245 and may require the assistance of any peace officer or other person.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.090. Citation; service. The judge shall issue a citation to the person alleged to have a mental illness stating the nature of the information filed concerning the person and the specific reasons the person is believed to be a person with mental illness. The citation shall further contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel immediately appointed, the right to subpoena witnesses in behalf of the person to the hearing and other information as the court may direct. The citation shall be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing. The person shall have an opportunity to consult with legal counsel prior to being brought before the court.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.095. (3) Pursuant to the determination of the court upon hearing under this section, a person on placement shall either continue the placement on the same or modified conditions or shall be returned to the Oregon Health Authority for involuntary care and treatment on an inpatient basis subject to discharge at the end of the commitment period or as otherwise provided under this chapter. (4) If the person on placement is living in a county other than the county of the court that established the current period of commitment under ORS 426.130 during which the trial visit, conditional release or outpatient commitment takes place, the court establishing the current period of commitment shall transfer jurisdiction to the appropriate court of the county in which the person is living while on the placement and the court receiving the transfer shall accept jurisdiction. (5) The court may proceed as provided in ORS 426.307 or this section when the court: (a) Receives notice under ORS 426.070 or 426.228 to 426.235; and (b) Determines that the person is a person with mental illness on conditional release under ORS 426.125, outpatient commitment under ORS 426.127 or trial visit under ORS 426.273.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.110. Appointment of examiners; qualifications; costs. The following requirements relating to the appointment of examiners for purposes of a hearing under ORS 426.095 or 426.701 and 426.702 apply as described: (1) The judge shall appoint one qualified examiner. If requested, the judge shall appoint one additional qualified examiner. A request for an additional examiner under this subsection must be made in writing and must be made by the person alleged to have a mental illness or the attorney for the person. (2) To be qualified for purposes of this section, an examiner must: (a) Agree to be an examiner. (b) Be one of the following: (A) A physician licensed by the Oregon Medical Board who is competent to practice psychiatry as provided by the Oregon Health Authority or the Psychiatric Security Review Board by rule. (B) Certified by the authority or the Psychiatric Security Review Board as a mental health examiner qualified to make examinations for involuntary commitment proceedings. (3) The authority or the Psychiatric Security Review Board may establish, by rule, requirements for certification as a mental health examiner for purposes of subsection (2)(b)(B) of this section. (4) The cost of examiners under this section shall be paid as provided under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.120. Examination report; rules. (1) Examiners appointed under ORS 426.110 shall do all of the following: (a) Examine the person as to mental condition. (b) Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner. (c) Make their separate reports in writing, under oath, to the court. (d) Upon completion of the hearing, file the reports with the clerk of the court. (2) The following is a nonexclusive list of requirements relating to the content of examination reports prepared under subsection (1) of this section: (a) If the examiners find, and show by their reports, that the person examined is a person with mental illness, the reports shall include a recommendation as to the type of treatment facility best calculated to help the person recover from mental illness. (b) Each report shall also advise the court whether in the opinion of the examiner the person with mental illness would cooperate with and benefit from a program of voluntary treatment. (c) Reports shall contain the information required by the Oregon Health Authority by rule. The authority shall adopt rules necessary to carry out this paragraph. (3) The examiner shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention and the investigation report. Records and communications described in this subsection and related communications are not privileged under ORS 40.230, 40.235, 40.240 or 40.250.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.123. Observation of person in custody; warning; evidence. (1) Whenever specifically required under ORS 426.070, 426.072, 426.180 or 426.234, a person shall be given a warning that observations of the person by the staff of the facility where the person is in custody may be used as evidence in subsequent court proceedings to determine whether the person should be or should continue to be committed as a person with mental illness. (2) The warning described under subsection (1) of this section shall be given both orally and in writing. (3) Failure to give a warning under this section does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.125. the person while on conditional release if the legal guardian, relative or friend acts in good faith and without malice. (8) The individuals designated in this subsection may not be liable for personal injuries or other damages that result from the misconduct of a person with mental illness while the person is on outpatient commitment under ORS 426.127 if the designated individual acts without willful and wanton neglect of duty. This subsection is applicable to all of the following: (a) The community mental health program director and the designee of the director for the county in which the committed person resides. (b) The superintendent or director of any staff of any facility where the person with mental illness receives treatment during the outpatient commitment. (c) The Director of the Oregon Health Authority. (d) The licensed independent practitioner and the facility providing care or treatment to a person on outpatient commitment. (9) For trial visits granted under ORS 426.273 and 426.275: (a) The following individuals and entities may not be liable for a persons expenses while on trial visit: (A) The licensed independent practitioner and the facility providing care or treatment to a person on a trial visit; (B) The superintendent or director of the facility providing care or treatment to a person on a trial visit; (C) The Director of the Oregon Health Authority; and (D) The chief medical officer of the facility. (b) The individuals designated in this paragraph may not be liable for damages that result from the misconduct of a person with mental illness while on trial visit if the designated individual acts without willful and wanton neglect of duty: (A) The community mental health program director for the county in which the person resides; (B) The superintendent, director or chief medical officer of any facility providing care or treatment to a patient on a trial visit; (C) The licensed independent practitioner responsible for the patients care or treatment during a trial visit; (D) The Director of the Oregon Health Authority; or (E) The employees and agents of individuals or facilities under this paragraph. [Formerly
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.127. Outpatient commitment. The following provisions are applicable to outpatient commitment under ORS 426.130 as described: (1) The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available. (2) At the time of the hearing under ORS 426.095, the community mental health program director, or a designee for the director, for the county in which the hearing takes place shall set the conditions for the outpatient commitment. The conditions shall include, but not be limited to, the following: (a) Provision for outpatient care. (b) A designation of a facility, service or other provider to provide care or treatment. (3) A copy of the conditions shall be given to all of the individuals and entities described in ORS 426.278. (4) Any outpatient commitment ordered under this section is subject to the provisions under ORS 426.275. (5) The community mental health program director or designee, for the county where a person is on outpatient commitment, may modify the conditions for outpatient commitment when a modification is in the best interest of the person. The community mental health program director or designee shall send notification of such changes and the reasons for the changes to all those who received a copy of the original conditions under ORS 426.278.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.129. Community liaison. The Oregon Health Authority shall employ at least one individual to serve as a liaison between the authority and communities in which the authority plans to establish housing for persons conditionally released by the Psychiatric Security Review Board or for persons with mental illness. [2009 c.809 1; 2011 c.720 161] Note:
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.135. Counsel on appeal; costs of appeal. If a person determined to be a person with mental illness as provided in ORS 426.130, or determined to be an extremely dangerous person with mental illness under ORS 426.701 or 426.702, appeals the determination or the disposition, and is determined to be financially eligible for appointed counsel at state expense, upon request of the person or upon its own motion, the court shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses shall be paid as provided in ORS 138.500.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.140. Place of confinement; attendant. (1) A person, other than a person incarcerated upon a criminal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated, unless the person represents an immediate and serious danger to staff or physical facilities of a hospital or other facility approved by the Oregon Health Authority for the care, custody and treatment of the person. (2) A person alleged to have a mental illness who has been taken into custody may not be confined, either before or after the commitment hearing, without an attendant in direct charge of the person. If the person is not confined in a community hospital, the sheriff or community mental health program director having the person in custody shall select an appropriate individual to act as attendant in quarters that are suitable for the comfortable, safe and humane confinement of the person and approved by the authority.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.150. Transportation to treatment facility. (1) Upon receipt of the order of commitment, the Oregon Health Authority or its designee shall take the person with mental illness into its custody, and ensure the safekeeping and proper care of the person until the person is delivered to an assigned treatment facility or to a representative of the assigned treatment facility. The representative of the assigned treatment facility, accompanied by any assistants the authority or its designee may deem necessary, shall proceed to the place where the person is in custody, and upon demand shall be given custody of the person, together with the certified record required by ORS 426.170. The representative shall issue appropriate receipts and immediately transport the person safely to the assigned treatment facility and deliver the person and the record to the director or a designated employee of the facility. In taking custody of the person, the authority, its designee or the representative of the facility has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual. (2) The committing judge, upon approval of the examining physicians or other qualified professionals as recommended by the authority and upon request of a legal guardian, friend or relative of the person with mental illness, may authorize the legal guardian, friend or relative to transport the person to the assigned facility when the committing judge determines that means of transportation would not be detrimental to the welfare of the person or to the public.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.155. Release of information about person held in custody pending commitment proceeding or while committed or recommitted. (1) The provisions of this section apply to the release of information about a person who is held in custody either pending a commitment proceeding under ORS 426.070, 426.140, 426.228,
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.160. Disclosure of record of commitment proceeding. (1) The court having jurisdiction over any proceeding conducted pursuant to ORS 426.005,
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.170. Delivery of certified copy of record. If any person is adjudged to have a mental illness and is ordered committed to the Oregon Health Authority, a copy of the complete record in the case, certified to by the court clerk or court administrator, shall be given to the local health officer, or to the sheriff, for delivery to the director of the facility to which such person is assigned. The record shall include the name, residence, nativity, sex and age of the person and all other information that may be required by the rules and regulations promulgated by the authority.
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.175. [1969 c.371 1; 1975 c.690 11; 1977 c.764 2; 1987 c.903 20; 1991 c.901 1; repealed by 1993 c.484 27] (Emergency and Voluntary Admissions)
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.190. [Amended by 1969 c.391 2; repealed by 2012 c.25 6]
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.200. Duties following emergency admission. Within 72 hours after admission under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.210. Limit of detention after commitment in emergency proceedings. An individual admitted to a hospital or nonhospital facility pursuant to the emergency proceedings under ORS 426.180 and 426.200 may not be detained there for more than five judicial days following admission. The court, for good cause, may allow a postponement and detention during a postponement as provided under ORS
ORS Chapter 426 — Persons With Mental Illness;

ORS 426.217. Change of status of committed patient to voluntary patient; effect of change. At any time after commitment by the court, the person, with the approval of the Oregon Health Authority or its designee, may change the status of the person to that of a voluntary patient. Notwithstanding ORS 426.220, any person who alters status to that of a voluntary patient under this section shall be released from the treating facility within 72 hours of the request of the person for release.