reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0440 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Civil
			 penalties for other than substantiated allegations of abuse shall not exceed
			 $100 per violation with a maximum of $250 and may be assessed for violation of
			 these rules with the exception of substantiated abuse findings.
(2) Civil penalties of a maximum of $1000 per
			 occurrence may be assessed for each substantiated abuse finding.
(3) In addition to any other liability or
			 penalty, the Division may impose a penalty for any of the following:
(a) Operating an AFH without a license;
(b) Exceeding the number of
			 residents identified on the license;
(c) The provider fails to achieve
			 satisfactory compliance with the requirements of these rules within the time
			 specified or fails to maintain such compliance;
(d) The AFH is unable to provide an adequate
			 level of care to individuals;
(e)
			 There is retaliation or discrimination against an individual, the individual's
			 representative, family, employee, or any other person for making a complaint
			 against the AFH;
(f) The provider
			 fails to cooperate with the Division, physician, registered nurse, or other
			 health care professional in carrying out an individual's care plan; or
(g) Other violations are found on
			 two consecutive inspections of an AFH after a reasonable amount of time has
			 been allowed for the elimination of the violations.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0445 - Public Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division shall maintain current information on all licensed AFHs and make that
			 information available to prospective individuals, individuals' representatives,
			 their families, and other interested members of the public.
(2) The information shall include the
			 following:
(a) The location of the AFH;
(b) A brief description of the
			 physical characteristics of the home;
(c) The name and mailing address of the
			 provider;
(d) The license
			 classification of the home and the date the provider was first licensed to
			 operate that home;
(e) The date of
			 the last inspection, the name and telephone number of the office that performed
			 the inspection, and a summary of the findings;
(f) Copies of all complaint investigations
			 involving the home, together with the findings of and actions taken by the
			 Division;
(g) Any license
			 conditions, suspensions, denials, revocations, civil penalties, exceptions or
			 other actions taken by the department involving the home; and
(h) Whether care is provided primarily by the
			 licensed provider, a resident manager, or other arrangement.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0450 - Adjustment, Suspension or Termination of Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division or CMHP may adjust, suspend,
			 or terminate payment to a provider when any of the following conditions occur:
(a) The provider's AFH license is revoked,
			 suspended, or terminated;
(b) Upon
			 a finding that the provider is failing to deliver any service as agreed to in
			 the RCP; or
(c) When funding, laws,
			 regulations, or the Division or CMHP priorities change such that funding is no
			 longer available, redirected to other purposes, or reduced;
(d) The individual's service needs change;
(e) The individual is absent
			 without providing notice to the provider for five or more consecutive days;
(f) The individual is determined
			 to be ineligible for services;
(g)
			 The individual moves, with or without notice, from the AFH; the provider shall
			 be paid only through the last day of the individual's occupancy.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0455 - Enjoinment of AFH Operation

Current through Register Vol. 63, No. 7, July 1, 2024
The Division may commence an action to enjoin the operation of
				an AFH pursuant to ORS
				443.775(5):
(1) When an AFH is operated without a
			 valid license; or
(2) After notice
			 of revocation, non-renewal, or suspension has been given, a reasonable time for
			 placement of individuals in other facilities has been allowed, and such
			 placement has not been accomplished.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  443.705 -
				  443.825
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0050 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe Division
			 standards and procedures regarding the screening, evaluation and provision of
			 specialized services to persons with mental illness who apply for or reside in
			 Medicaid certified nursing facilities. They implement Public Law 100-203 of the
			 Omnibus Budget Reconciliation Act of 1987 that added Section 1919 to the Social
			 Security Act.
(2) Statutory
			 authority and procedure. These rules are authorized by ORS
			 413.042 and to carry out the
			 provisions of ORS 410.535,
			 414.065 &
			 426.490 to
			 426.500 and Public Law
			 100-203.
Stat. Auth.: ORS
				  413.042 &
				  426.500
Stats. Implemented: ORS
				  410.535,
				  414.065 &
				  426.490 to
				  426.500
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0060 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Annual resident review" means the review
			 of referrals from the annual resident screening process by designees of the
			 Addictions and Mental Health Division. The purpose of the review is to
			 determine the need for a Level II psychiatric evaluation.
(2) "Annual resident screening" means the
			 annual screening by nursing facility staff of all residents for acute symptoms
			 or indicators of mental illness.
(3) "Categorical determination" means a
			 decision made by a contractor of the Aging and People with Disabilities
			 Division (APD) based on a functional assessment. This determination identifies
			 a person who, despite the presence of mental illness, can be admitted to a
			 nursing facility. The categories are:
(a)
			 Individuals requiring nursing facility care for 30 days or less for
			 convalescent care following an acute care hospitalization for illness or
			 surgery;
(b) Persons with terminal
			 illness with a prognosis of six months or less; and
(c) Persons with severe medical condition
			 that precludes participation in or benefit from specialized services.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0070 - Procedures for Level I, Pre-Admission Screening (PAS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nursing facility placement. A person
			 identified with mental illness indicators who requests placement in a nursing
			 facility must meet APD-PAS criteria demonstrating a need for nursing facility
			 care. The person may be placed in a nursing facility without a Level II
			 evaluation if the person:
(a) Meets criteria
			 of categorical determinations OAR
			 309-048-0060; or
(b) Has a primary diagnosis of dementia;
			 and
(c) Does not require
			 specialized services OAR
			 309-048-0060(22).
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0080 - Procedures for Annual Resident Reviews (ARR)

Current through Register Vol. 63, No. 7, July 1, 2024
A resident screened and referred by a nursing facility as
				having indicators of mental illness shall be reviewed by a Division designee
				using a format approved by the Division.
(1) Timelines. The review shall be completed
			 by a QMHP within 7 working days of receipt of the referral from the nursing
			 facility.
(2) Screening and
			 consultation. The review shall consist of up to two hours of screening and
			 consultation to determine if the indicators of mental illness require a
			 comprehensive evaluation (Level II).
Stat. Auth.: ORS
				  413.042 &
				  426.500
Stats. Implemented: ORS
				  410.535,
				  414.065 &
				  426.490 to
				  426.500
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0090 - Level II Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Content. A Level II evaluation shall:
(a) Be
			 completed by a QMHP within 30 calendar days of the annual resident review
			 referral or within seven working days of the pre-admission screening
			 referral;
(b) Include a mental
			 health assessment, a psychosocial evaluation, relevant testing and a review of
			 the medication regime and physical examination by a licensed medical
			 professional;
(c) Establish a
			 diagnosis and determine the need for specialized services.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0100 - Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Level II
			 waivers. The Division shall send a copy of any waiver from the pre-admission
			 requirement for a Level II, to the APD Level I screener who has determined that
			 the individual needs nursing facility care pursuant to OAR
			 309-048-0060.
(2) Nursing facility. CMHP evaluators shall
			 send copies of the annual resident review and Level II evaluation to the
			 nursing facility within 7 and 30 days respectively.
(3) Division. CMHP evaluators shall send
			 copies of the annual resident review, Level II evaluation and the Level II
			 summary sheet to the OMHS within 30 days of receipt of the nursing facility
			 referral.
(4) Client Process
			 Monitoring System. CMHP designees shall enter information on all persons
			 receiving a Level II evaluation into CPMS.
(5) Standards. Level II evaluations shall
			 follow documentation standards set forth in OAR
			 309-032-1535.
Stat. Auth.: ORS
				  413.042 &
				  426.500
Stats. Implemented: ORS
				  410.535,
				  414.065 &
				  426.490 to
				  426.500
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0110 - Specialized Services for Individuals Residing in Nursing Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Location.
			 Specialized services for persons with mental illness are provided only in
			 inpatient psychiatric settings that provide 24 hour coverage by trained mental
			 health professionals who can deliver mental health services designed by an
			 interdisciplinary team which includes a psychiatrist.
(2) Readmission to nursing facilities. A
			 person identified by a Level II evaluation as in need of specialized services
			 shall not enter or remain in a nursing facility. When a client has received
			 maximum benefit from specialized services, the client can be reconsidered for
			 admission subject to Level I requirements or return to a nursing facility
			 placement subject to APD OAR
			 411-088-0000 to
			 411-088-0080, Licensing
			 Requirements for Nursing Facilities, Transfer Rules.
(3) Procurement of specialized services. When
			 a client is identified to be in need of specialized services, the Level II
			 evaluator shall:
(a) Assist the nursing
			 facility or Level I screener in locating an appropriate treatment
			 resource;
(b) Insure that the
			 client in need of specialized services is informed of his/her treatment options
			 including the right to refuse treatment;
(c) Inform all parties involved, of
			 procedures related to precommitment investigation, if the client refuses
			 specialized services and presents a danger to self or others;
(d) Notify the Division within 72 hours if a
			 client is determined to be in need of specialized services and these services
			 are not being provided.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0120 - Relocation of Persons with Mental Illness From Nursing Facilities to Other Residential Settings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Coordination
			 of Plans. CMHP, NF and APD staff shall coordinate relocation plans for
			 residents of nursing facilities with mental illness found to be ineligible for
			 nursing facility care.
(2) Right of
			 return. All relocations of residents must comply with nursing facility transfer
			 rules, division 88, OAR 411.
Stat. Auth.: ORS
				  413.042 &
				  426.500
Stats. Implemented: ORS
				  410.535,
				  414.065 &
				  426.490 to
				  426.500
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 48 - INTERMEDIATE AND SKILLED NURSING FACILITIES › Section 309-048-0130 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				413.042, adults with mental
				illness, and court approved legal guardians for individuals with mental
				illness, shall have the right to appeal decisions made by the Division based on
				screenings, admission waiver request, discharge and relocation plans.
(1) Appeals. Appeals shall be submitted to
			 the Children, Adult and Families Division (CAF) Hearings Office and arrive
			 there within 30 calendar days after receipt of the contested
			 determination/decision.
(2)
			 Negotiations. The CAF Division Hearings Office shall, when it deems
			 appropriate, refer appealed decisions back to the Division for efforts to
			 negotiate an agreement. If the Division is unable to negotiate an agreement
			 within 10 working days, the Division will remand the appeal back to the CAF
			 Hearings Office for final disposition.
(3) Hearings. The CAF Hearings Office shall
			 convene a hearing in accordance with OAR
			 461-025-0300 through
			 461-025-0375, and reach a final
			 determination on the appeal within ninety (90) days of the final day of the
			 hearing.
(4) Determinations. All
			 decisions of the CAF Hearing Office shall be final.
Stat. Auth.: ORS
				  413.042 &
				  426.500
Stats. Implemented: ORS
				  410.535,
				  414.065 &
				  426.490 to
				  426.500
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish standards and procedures for the application, review, initial
			 registration, and ongoing registration of Community-Based Structured Housing
			 (CBSH) for provision of services and supports to individuals with mental,
			 emotional, behavioral, or substance use disorders who reside in a CBSH facility
			 pursuant to ORS 443.480 to
			 443.500.
(2) These rules do not apply or establish
			 regulatory procedures for:
(a) Any facility
			 operated by an institution of higher education;
(b) Any private room and board facility
			 approved by an institution of higher education that has as a resident, a
			 student, or an employee of the institution;
(c) Any private or nonprofit retirement
			 facility that does not fall under the generally understood definition of a
			 "room and board facility," a "boarding house," or a "boarding hotel" and where
			 a majority of the residents are retirees;
(d) Any privately arranged housing the
			 occupants of which may not be related by blood or marriage;
(e) Residential licensure under ORS
			 443.410 and
			 443.315;
(f) Programs defined under ORS
			 443.400;
(g) CBSH facilities that are licensed or
			 registered under any other law of this state or city or county ordinance or
			 regulation.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abuse" has the
			 meaning given in ORS 124.050, ORS
			 430.735, or as required by the
			 law applicable to the agency investigating the allegations of abuse.
(2) "Administration of Medication" means the
			 act of dispensing a resident's medication, medical treatment, or naturopathic
			 treatment to them. This includes dispensing a single dose of medication or
			 multiple doses in a cassette or med minder.
(3) "Adult Foster Home (AFH)" means any home
			 licensed by the Division of the Authority in which residential care is provided
			 to five or fewer individuals who are not related to the provider by blood or
			 marriage as described in ORS
			 443.705 through
			 443.825.
(4) "Applicant" means any current provider
			 and any person or entity seeking a Letter of Registration for a CBSH who
			 completes an application for registration.
(5) "Application for Registration" means an
			 application form designed and distributed by the Division for the purpose of
			 registering a CBSH.
(6) "Approved"
			 means authorized or allowed by the Division.
(7) "Authority" means the Oregon Health
			 Authority.
(8) "Care" means the
			 performance of:
(a) Residential Care as
			 defined in ORS 443.400 with exception to the
			 provision of room and board;
(b)
			 Training as defined in ORS
			 443.400; and
(c) Treatment as defined in ORS
			 443.400.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0110 - Letter of Registration Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or operator of a CBSH facility
			 offered to the general public must register with the Division if the facility:
(a) Provides congregate housing, services,
			 and supports as defined by ORS
			 443.480, and
(b) Is not licensed or registered under any
			 other law of this state or city or county ordinance or regulation.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0115 - Waiver of Registration Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any CBSH that is required to be
			 registered or licensed under another governmental entity's standards that are
			 substantially similar or superior to those under ORS
			 443.480 to
			 443.500 and these rules may
			 request a waiver of the requirements of ORS
			 443.485. Such a request shall be
			 made in writing to the Division and shall include:
(a) A copy of the other governmental entity's
			 standards; and
(b) An explanation
			 of why they believe that the standards are substantially similar or superior to
			 the requirements of ORS
			 443.480 to
			 443.500 and these
			 rules.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0120 - Terms of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 applicant agrees as a term of registration:
(a) The capacity of the CBSH facility must
			 not exceed the maximum occupancy allowed under applicable building and fire
			 codes;
(b) The provider and other
			 employees of a CBSH must not abuse any resident and must exercise reasonable
			 precautions against any other conditions that threaten the health, safety, or
			 welfare of residents;
(c) To permit
			 the Division immediate entry to inspect the facility where the provider intends
			 to operate or currently operates a CBSH to verify information contained in the
			 application, investigate a complaint of abuse, or to ensure compliance with all
			 applicable rules, statutes, ordinances, or regulations:
(A) If an investigation finds a violation of
			 these rules, the Division shall notify the provider in writing. The notice of
			 violation shall include:
(i) A description of
			 each violation; and
(ii) A specific
			 time frame for correction, not to exceed 30 days after receipt of the
			 notice.
(B) The Division
			 may conduct an inspection of the facility after the date the Division receives
			 the notice of correction or after the date by which violations shall be
			 corrected as specified in the notice of violation.
(d) To permit the Division to inspect, audit,
			 assess, and collect data or copies from all records maintained by the
			 provider;
(e) To permit access to
			 state and local fire inspectors and state and local health officers for
			 inspection of CBSH providers regarding fire safety;
(f) To permit any resident, resident's
			 representative or guardian, or an employee of the CBSH to file a complaint with
			 the provider, the resident's managed care plan, or the Division and to maintain
			 a record of all complaints received and any action taken;
(g) A CBSH may not retaliate against any
			 residents, resident's representative or guardian, or employee(s) who file a
			 complaint or any witness or employee of a facility interviewed about a
			 complaint, including but not limited to retaliation by restriction of a
			 resident's otherwise lawful access to the facility and, with respect to an
			 employee, retaliation by dismissal or harassment; and
(h) To post the Letter of Registration in a
			 common area of each approved CBSH and be available for inspection at all
			 times.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0125 - Application for Initial Registration and Renewal Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application for
			 a Letter of Registration, including renewal registration, must be submitted by
			 the applicant in writing on the forms furnished by the Division that are
			 legible and complete and in the manner specified by the Division. Applications
			 must include:
(a) A description of the
			 facility in or upon which the applicant proposes to operate a CBSH;
(b) Signed attestation by the applicant that
			 all applicable rules for the provision of a CBSH facility shall be met and
			 maintained in compliance with applicable rules and any variances granted by the
			 Division;
(c) A copy of all
			 policies and procedures the proposed facility will operate under including, but
			 not limited to:
(A) Referrals of residents to
			 the CMHP, a CCO, or other agencies as part of the resident's treatment
			 needs.
(B) A list of house rules to
			 be followed by residents and program staff.
(C) Emergency and Disaster response
			 policies.
(D) Abuse and Grievance
			 reporting policies.
(E) Eviction
			 policies and procedures.
(d) The maximum number of residents who must
			 reside at the CBSH;
(e) The number
			 of bedrooms, apartment units, or single room occupancy units;
(f) The name, address, telephone number, and
			 email address of the applicant;
(g)
			 The names, addresses, telephone numbers, and email address of any partner,
			 corporate officer, entities, or other persons having an ownership interest in
			 the CBSH and the percent ownership corresponding to each;
(h) The name, address, telephone number, and
			 email address of the facility manager, if applicable;
(i) The qualifications and documentation of
			 training requirements for the applicant, facility manager if not the applicant,
			 and each program staff;
(j) A
			 description of each of the services and supports the provider shall offer to
			 residents;
(k) A copy of the
			 applicant's current rental agreement; and
(l) Copies of all approved criminal history
			 checks for all persons involved in the operation of the CBSH and who have
			 contact with the residents, as required in OAR
			 407-007-0200 through
			 407-007-0370.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0130 - Issuance of a Letter of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a completed application
			 the Division must:
(a) Review the application
			 to determine compliance with these rules.
(b) Request any additional information or
			 documentation that may be necessary to determine compliance with these
			 rules.
(c) Conduct a review of the
			 physical setting to determine compliance with OAR
			 309-060-0155.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0135 - Denial of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 receipt of a completed application, the Division can deny the application if:
(a) The applicant or facility manager, if
			 applicable, does not have an approved background check, as required in OAR
			 407-007-0200 through
			 407-007-0370.
(b) The applicant is associated with any
			 persons whose registration or license for a CBSH, a foster home, residential
			 care facility, residential treatment facility, or residential treatment home
			 licensed by any state entity was denied, suspended, revoked, or not renewed due
			 to abuse of a resident or a threat to the health and safety of a resident
			 within three years preceding the application, unless the applicant or provider
			 can demonstrate to the Division by clear and convincing evidence that the
			 person does not pose a threat to the residents;
(c) The applicant fails to demonstrate
			 compliance with these rules; or
(d)
			 The applicant has previously had any letter of registration, certification, or
			 license denied, suspended, or revoked by the Division or the
			 Department.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0145 - Rental Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to accepting compensation from any resident, the provider and the individual
			 seeking residence at the CBSH shall both enter into a rental
			 agreement.
(2) The rental agreement
			 must include:
(a) A list of services and
			 supports to be offered to the resident;
(b) If meals are provided by the operator of
			 the CBSH, a description of the frequency and times at which meals are provided
			 and provisions for missed meals;
(c) House rules, including any restrictions
			 or limitations on the use of legal substances such as tobacco, alcohol, and
			 cannabis;
(d) Provisions for the
			 documentation of all compensation received from a resident and a record of all
			 compensation paid to a resident; and
(e) If the resident chooses to have the
			 provider act as representative payee for the payment of the resident's Social
			 Security benefits, the rental agreement shall indicate this choice.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0150 - Program Staff Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The provider must maintain one or more program staff for every sixteen
			 residents.
(a) The provider must take
			 appropriate steps to hire program staff that are culturally and linguistically
			 appropriate for the population served by the CBSH.
(b) Program staff are not required to live on
			 premises.
(c) The provider is not
			 required to maintain staffing 24 hours a day.
(d) The provider must notify residents in
			 writing of the hours and days that program staff will be on-site and/or on
			 duty.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0155 - Facility Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Each facility must meet the following standards for the
				protection of residents:
(1) Each
			 facility must meet applicable local zoning and building codes and state and
			 local fire, sanitary, and safety regulations.
(2) Each bedroom must:
(a) Be adequately ventilated, heated, and
			 lighted and have an outside window;
(b) Be separate from the operator, members of
			 the operator's family, or other employees;
(c) Have adequate space for bed and personal
			 belongings;
(d) Have at least 70
			 square feet of usable floor space for each resident or 120 square feet for two
			 residents.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0160 - Food Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If meals are
			 provided by the operator of the CBSH, meals must be served at the frequency and
			 times described in the rental agreement and be planned and served in accordance
			 with the recommended dietary guidelines found in the United States Department
			 of Agriculture, Center for Nutrition Policy and Promotion:
(a) The provider must consider resident
			 preferences and requests in menu planning and reasonably accommodate dietary or
			 religious restrictions; and
(b) The
			 provider must support residents who for health reasons are on modified or
			 special diets. These diets shall be planned in consultation with the
			 resident.
(c) The operator of the
			 CBSH is not required to comply with section 1 of this rule if they are not
			 providing meals to the residents of the CBSH.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0165 - Administration of Medication

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Medication may not be dispensed or administered by CBSH staff. Medication may
			 only be self-administered by the resident prescribed the medication.
(2) CBSH staff may provide medication support
			 to a resident in the self-administration of medication provided that the
			 resident requests such assistance.
(3) Medications prescribed for one resident
			 may not be administered to or self-administered by another resident or CBSH
			 program staff.
(4) No prescription
			 drugs shall be stored in common areas of the CBSH facility.
(5) Self-Administered medications must be
			 stored securely in the residents room to whom the medication is
			 prescribed.
Statutory/Other Authority: ORS
				  413.032, ORS
				  413.042, ORS
				  413.085 & ORS
				  443.485
Statutes/Other Implemented: ORS
				  443.480 -
				  443.500 & ORS
				  443.991
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 60 - REGISTRATION OF COMMUNITY-BASED STRUCTURED HOUSING FACILITIES › Section 309-060-0170 - Criminal and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division may impose civil penalties, not to exceed $5,000 for each occurrence
			 for:
(a) Any CBHS operating without
			 registration as required by these rules; or
(b) Any CBSH in violation of ORS
			 443.880 or
			 443.881.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 65 - Culturally and Linguistically Specific Behavioral Health Services (CLSS) › Section 309-065-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish processes and procedures for outpatient behavioral health providers,
			 delivering services that are culturally and linguistically specific, to receive
			 enhanced payment for patients on the Oregon Health Plan. Organizations,
			 programs and individuals that are reimbursed outside OHP's fee schedule for
			 behavioral health services such as but not limited to Federally Qualified
			 Health Centers (FQHC), Rural Health Clinics (RHC), and Indian Health Care
			 Providers (IHCPs) are not eligible for enhanced fee schedule reimbursement
			 because these services are reimbursed at a clinic-specific encounter
			 rate."
(2) Whether or not an
			 organization, program or individual qualifies for enhanced payments through
			 this program, all providers of behavioral health services are encouraged to
			 provide culturally and linguistically specific services if they have that
			 expertise.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: HB 5202
				  (2021)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 65 - Culturally and Linguistically Specific Behavioral Health Services (CLSS) › Section 309-065-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Culturally and
			 linguistically specific behavioral health services" means quality mental
			 health, substance use, problem gambling, and other behavioral health
			 prevention, treatment, and recovery supports and services that are designed
			 specifically for a distinct minoritized cultural community, developed based on
			 the languages used and cultural values of the distinct minoritized cultural
			 community and designed to elevate their voices and experiences, and that have
			 the aim of enhancing emotional safety, belonging, and a shared collective
			 cultural experience for healing and recovery among the distinct cultural
			 community served.
(2) "Culturally
			 and linguistically specific behavioral health organization"means an outpatient
			 entity or institution that is structured to provide culturally and
			 linguistically specific behavioral health services in its entirety as evidenced
			 by its organizational mission.
(3)
			 "Culturally and linguistically specific behavioral health program" means a
			 division or associated component of an organization that provides culturally
			 and linguistically specific behavioral health services as evidenced by the
			 program mission, that exists within the subset of services provided by an
			 organization whose mission does not focus on a distinct minoritized
			 community.
(4) "Culturally and
			 linguistically specific behavioral health individual provider" means an
			 independently licensed and Medicaid eligible clinician that provides culturally
			 and linguistically specific behavioral health services, andis in private
			 practice rather than employed by an agency.
(5) "Minoritized cultural community " is a
			 community that has experienced historical and contemporary discrimination and
			 oppression primarily on the basis of race, ethnicity, gender identity, sexual
			 and affectional orientation, ability status, and/or migration
			 history.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: HB 5202
				  (2021)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 65 - Culturally and Linguistically Specific Behavioral Health Services (CLSS) › Section 309-065-0020 - Culturally and Linguistically Specific Services Organization & Program Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 order to qualify for culturally and linguistically specific behavioral health
			 services enhanced payments as an organization, the organization must:
(a) Be enrolled as an outpatient Medicaid
			 Behavioral Health provider with the Oregon Health Authority (OHA) that is not
			 prohibited by law from receiving the enhanced payment;
(b) Submit a complete application to the
			 Oregon Health Authority (OHA);
(c)
			 Demonstrate the ability to serve a distinct minoritized cultural community;
			 and
(d) Be primarily led and
			 staffed by people that have extensive experience working with or being immersed
			 in the same minoritized cultural community they serve; or
(e) Have a history of at least five years
			 primarily serving the specified minoritized cultural community in a behavioral
			 health setting.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 65 - Culturally and Linguistically Specific Behavioral Health Services (CLSS) › Section 309-065-0025 - Culturally and Linguistically Specific Services Program Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for culturally and linguistically specific behavioral health services
			 enhanced payments as a program, the program must:
(a) Be enrolled as an outpatient Medicaid
			 Behavioral Health provider with the Oregon Health Authority (OHA) that is not
			 prohibited by law from receiving the enhanced payment;
(b) Submit a complete application to the
			 Oregon Health Authority (OHA).
(c)
			 Demonstrate the ability to serve a distinct minoritized cultural community:
			 and
(d) Be primarily staffed and
			 render services provided by people that have extensive experience working with
			 or being immersed in the same minoritized cultural community being served;
			 or
(e) Have a history of at least
			 five years primarily serving the specified minoritized cultural community in a
			 behavioral health setting.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 65 - Culturally and Linguistically Specific Behavioral Health Services (CLSS) › Section 309-065-0030 - Culturally and Linguistically Specific Services Individual Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for culturally and linguistically specific behavioral health services
			 enhanced payments, individual behavioral health providers must:
(a) Be enrolled as an outpatient Medicaid
			 Behavioral Health provider with the Oregon Health Authority (OHA).
(b) Submit a complete application to the
			 Oregon Health Authority (OHA).
(c)
			 Demonstrate the ability to serve a distinct minoritized cultural
			 community.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 65 - Culturally and Linguistically Specific Behavioral Health Services (CLSS) › Section 309-065-0040 - Bilingual Service and Sign Language Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individual
			 providers who deliver direct care services in a language other than English or
			 in sign language may be eligible to receive enhanced payments for direct care
			 services delivered in a language other than in English, or in sign language.
			 Oral or sign language interpretation is not eligible for this enhanced
			 payment.
(2) In order to qualify
			 for enhanced payment, a direct care behavioral health provider must:
(a) Be enrolled as a Medicaid Behavioral
			 Health provider with the Oregon Health Authority (OHA);
(b) Be a Bilingual service provider and
			 identify the language(s) other than English that the provider uses in providing
			 direct care services to clients that speak the language(s);
(c) For bilingual service providers, provide:
(A) Proof of having passed a language
			 proficiency assessment by an OHA approved language proficiency testing center
			 in the last three years for the language(s) identified; or
(B) A narrative detailing how proficiency in
			 the language was acquired, such as growing up in a home where this language was
			 the primary language used if no language proficiency assessment is available in
			 a particular language.
(d) For providers using Sign Language,
			 provide:
(A) Proof of current sign language
			 interpreter certification from an OHA approved sign language interpreter
			 testing center; or
(B) A narrative
			 detailing how proficiency was acquired in sign language, such as growing up in
			 a home where sign language was the primary language used.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 72 - MOBILE CRISIS INTERVENTION SERVICES AND STABILIZATION SERVICES › Section 309-072-0020 - Culturally and Linguistically Specific Services Organization and Program Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for culturally and linguistically specific behavioral health services
			 (CLSS)enhanced payments, organizations and programs must:
(a) Be enrolled as a Medicaid provider with
			 the Oregon Health Authority (OHA);
(b) Demonstrate the ability to serve a
			 particular minoritized community or communities, such as but not limited to
			 Black, Indigenous, people of color, American Indian/Alaska Native, D/deaf,
			 deaf-blind, LGBTQIA2S+, or immigrant and refugee communities.
(c) Demonstrate the ability to serve a
			 particular minoritized community or communities; an organization or program
			 must provide information that shows the following:
(A) Direct knowledge of lived experiences of
			 the culturally specific community or communities being served, including but
			 not limited to the impact of structural and individual racism, minoritization
			 or discrimination on such communities;
(B) Knowledge of specific inequities
			 documented in the culturally specific community or communities being
			 served;
(C) An ability to support
			 and affirm cultural practices for the community or communities being served,
			 such as but not limited to:
(i) Health and
			 safety beliefs, or practices;
(ii)
			 Positive cultural identity, pride, or resilience;
(iii) Immigration dynamics;
(iv) Religious beliefs.
(D) An ability to support and affirm
			 intersectional identities in the provision of services for people from multiple
			 communities or with multiple identities. For example, the ability to affirm and
			 support the unique needs of a person who is Black, Muslim and an
			 immigrant.
(d)
			 Organizations must:
(A) Be primarily led and
			 staffed by people that have extensive experience working with or being immersed
			 in the same minoritized community they serve; or
(B) Have a history of at least five years
			 primarily serving the minoritized community in a behavioral health
			 setting.
(e) Programs
			 must:
(A) Be primarily staffed and render
			 services provided by people that have extensive experience working with or
			 being immersed in the same minoritized community or communities that are being
			 served; or
(B) Have a history of at
			 least five years primarily serving the minoritized community in a behavioral
			 health setting.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 72 - MOBILE CRISIS INTERVENTION SERVICES AND STABILIZATION SERVICES › Section 309-072-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 providers must operate in compliance with these rules. These rules create
			 minimum service delivery standards for services and supports delivered by
			 providers certified by the Health Systems Division (Division) of the Oregon
			 Health Authority (Authority):
(a) Community
			 Mental Health Programs (CMHP) must continuously offer Mobile Crisis
			 Intervention Services (MCIS) and stabilization services and supports as
			 described within these rules;
(b)
			 Non-CMHP providers may choose to offer MCIS and stabilization services to all
			 persons, or to limit services and supports to solely focus on MCIS for adults,
			 or to solely focus on MCIS and stabilization services for children and
			 families;
(c) The population(s)
			 served must be indicated on the application and the certificate.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 72 - MOBILE CRISIS INTERVENTION SERVICES AND STABILIZATION SERVICES › Section 309-072-0120 - Personnel Documentation, Training, and Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written policies and procedures must:
(a) Ensure all program staff are trained in
			 applicable evidence-based or promising practices that are developmentally,
			 culturally, and linguistically appropriate for the individuals and families;
			 and
(b) Specify the evidence-based
			 or promising practices screening and assessment tools that are developmentally,
			 culturally, and linguistically appropriate and inform the delivery of
			 services.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 72 - MOBILE CRISIS INTERVENTION SERVICES AND STABILIZATION SERVICES › Section 309-072-0130 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 provider must meet the requirements contained within the following Oregon
			 Administrative Rules (OAR) as applies to the type of service delivered:
(a) OAR Chapter 309, Division 008
			 (309-008-0100 -
			 309-008-1600) Certification of
			 Behavioral Health Treatment Services.
(b) OAR Chapter 309, Division 019 Outpatient
			 Behavioral Health Services:
(A) OAR
			 309-019-0105
			 Definitions;
(B) OAR
			 309-019-0110 Provider
			 Policies;
(C) OAR
			 309-019-0115 Individual
			 Rights;
(D) OAR
			 309-019-0125 Specific Staff
			 Qualifications and Competencies;
(E) OAR
			 309-019-0130 Personnel
			 Documentation, Training, and Supervision;
(F) OAR
			 309-019-0135 Entry and
			 Assessment;
(G) OAR
			 309-019-0140 Service Plans and
			 Service Notes;
(H) When the
			 provider offers stabilization services in a facility, building, or other
			 physical space that is designated for that purpose, the provider must comply
			 with OAR 309-019-0205 Building
			 Requirements in Behavioral Health Programs;
(I) OAR
			 309-019-0210 Quality Assessment
			 and Performance Improvement;
(J)
			 OAR 309-019-0215 Grievances and
			 Appeals; and
(K) OAR
			 309-033-0230 (2)(b)
			  Custody of Persons Alleged to Be Mentally
			 Ill Prior to Filing a Notification of Mental
			 Illness.