reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0028 - CAC Roles

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0031 - CAC Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0032 - Memberships: Selection and Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0034 - Chair and Vice-Chair: Election and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0036 - OHA Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0040 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  430.050
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0045 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0050 - Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  413.042 &
				  430.050
Stats. Implemented:
				  430.050
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0055 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board shall
			 assist the Division in planning and preparation of administrative rules for the
			 assumption of responsibility for psychiatric care in state and community
			 hospitals by community mental health programs, in accordance with ORS
			 430.630.
(2) The board shall study the problems of
			 mental health services, and developmental disabilities services and make
			 recommendations for the development of policies and procedures with respect to
			 these programs.
(3) The board shall
			 review state laws and legislative concepts relative to state mental health
			 services and developmental disabilities services programs.
(4) The board shall review and consider
			 funding of state mental health services, and developmental disabilities
			 services programs and make recommendations.
(5) The board shall advise the Administrator
			 on the relationship of mental health and developmental disability programs to
			 other state, local and private services and make recommendations for
			 collaborative or joint program developments.
(6) The board shall serve as a consulting
			 body to the Administrator.
(7) The
			 board shall encourage public understanding and acceptance of state mental
			 health services, and developmental disabilities services programs.
Stat. Auth.: ORS
				  413.042 &
				  430.050
Stats. Implemented: 430.050 &
				  430.630
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0105 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 309-011-0105 to
			 309-011-0115 is to establish the
			 standards by which the Health Systems Division approves payments to licensed
			 residential programs funded by the Division for adults diagnosed with mental
			 health disorders.
(2) OAR
			 309-011-0105 to
			 309-011-0115 facilitate a system
			 of residential services and supports driven by individual needs promoting
			 recovery and wellness.
Statutory/Other Authority:ORS
				  430.210,
				  413.042 &
				  443.450
Statutes/Other Implemented:ORS
				  443.400 -
				  443.460 &
				  443.991
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Adult" means
			 an individual 18 years of age or older, or an emancipated minor, conditioned
			 upon the following:
(a) An individual with
			 Medicaid eligibility who is in need of services specific to children,
			 adolescents, or young adults in transition must be considered a child until age
			 21.
(b) Adults who are between the
			 ages of 18 and 21 who are considered children must have all rights afforded to
			 Adults as specified in these rules.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0115 - Provider Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Residential Program providers shall be compensated for services as defined in
			 OAR 410-172-0710 to
			 410-172-0730.
(2) Individuals absent from a residential
			 program on activities under the supervision of the program staff shall be
			 considered as occupying their designated living space.
(3) The Division may make a Reserved Service
			 Capacity Payment (RSCP) due to:
(a) An
			 individual's admission to an acute care hospital,
(b) An individual's admission to a respite
			 facility to avoid re-hospitalization or revocation of a conditional release
			 order,
(c) An Order of Revocation
			 issued by the Psychiatric Security Review Board (PSRB),
(d) An individual awaiting a court
			 proceeding, a PSRB hearing, or for conditional release.
(e) Facilitating a planned transfer from a
			 hospital, another residential setting, jail; or
(f) Temporary displacement due to unforeseen
			 circumstances.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0120 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe standards to be implemented by the
				Addictions and Mental Health (AMH) Division in order to establish the
				Self-Determination Policy as used in ORS
				430.071.
Stat. Auth.: ORS
				  413.042 &
				  430.078
Stats. Implemented: ORS
				  430.078
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0125 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Director" means the Director of the
			 Addictions and Mental Health (AMH) Division of the Oregon Health Authority
			 (Authority), or his or her designee.
(2) "Consumer" means a person who has
			 received or is receiving mental health or addiction services.
(3) "Consumer Advisory Council" means the
			 council appointed by the Assistant Director to advise the Division on the
			 provision of mental health services.
(4) "Division" means the Addictions and
			 Mental Health (AMH) Division of the Oregon Health Authority.
(5) "Olmstead v. L.C." means the 1999 Supreme
			 Court decision under which states are required to place persons with
			 disabilities in community settings rather than in institutions when the State's
			 treatment professionals have determined that community placement is
			 appropriate, the transfer from institutional care to a less restrictive setting
			 is not opposed by the affected individual and the placement can be reasonably
			 accommodated, taking into account the resources of the State and needs of
			 others with disabilities.
(6) As
			 used in ORS 430.075, these terms have the
			 following meanings:
(a) "Task force" means a
			 group or committee, usually composed of experts or specialists, formed for
			 analyzing, investigating, or solving a specific problem or objective;
(b) "Commission" means a group of individuals
			 that meet on a regular basis, and that are officially authorized to perform
			 certain duties or functions;
(c)
			 "Advisory group" means a collection of individuals who bring unique knowledge
			 and skills, and who are appointed to support a particular service or function,
			 or to investigate, report on, or act upon a particular matter; and
(d) "Committee" means a body of persons that
			 are officially delegated or assigned to consider, investigate, act on, or
			 report on a particular service or function.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0130 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Addictions and Mental Health (AMH) Division shall adopt a
				policy that supports and promotes self-determination for persons receiving
				mental health services. The policy shall be designed to remove barriers
				that:
(1) Segregate persons with
			 disabilities from full participation in the community in the most integrated
			 setting in accordance with the United States Supreme Court decision in Olmstead
			 v. L.C., 527 U.S. 581 (1999); and
(2) Prevent persons with disabilities from
			 enjoying a meaningful life, the benefits of community involvement and citizen
			 rights guaranteed by law.
Stat. Auth.: ORS
				  413.042 &
				  430.078
Stats. Implemented: ORS
				  430.078
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0025 - Procedures for Appeals of Reimbursement Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This rule prescribes procedures
			 for appeals of Reimbursement Orders issued by the Division.
(2) Statutory Authority and Procedure. This
			 rule is authorized by ORS
			 179.640,
			 413.042 &
			 179.040 and carries out the
			 provisions of ORS 179.610 to
			 179.770.
(3) Definitions. As used in this rule:
(a) "Administrator" means the Administrator
			 of the Addictions and Mental Health Division;
(b) "Authorized Representative" means those
			 parties named in ORS 305.240, or those parties who
			 are determined to have the authority to represent the person;
(c) "Division" means the Addictions and
			 Mental Health Division of the Oregon Health Authority;
(d) "Hearing" means the hearing authorized by
			 ORS 179.640 for the purpose of
			 review of Reimbursement Orders and modified Reimbursement Orders issued
			 pursuant to ORS 179.640;
(e) "Hearings Officer" means any person
			 designated by the Administrator to hold hearings on matters coming before the
			 Division. Staff of the Reimbursement Section of the Division may not be
			 designated as hearings officers;
(f) "Informal Conference" means a proceeding
			 held before the appeal hearing to allow the person to obtain a review of the
			 action or proposed action without the necessity of a formal hearing;
(g) "Person" means:
(A) A patient who is receiving or has
			 received treatment or care at a state institution for the mentally
			 ill;
(B) A current or former
			 resident at a state institution for the mentally retarded;
(C) The estate of the person;
(D) Any other individual or entity having a
			 financial interest in contesting a Reimbursement Order.
(h) "Reimbursement Order" means the order
			 issued to determine the person's ability to pay pursuant to ORS
			 179.640;
(i) "Service" means deposit of a
			 Reimbursement Order by U.S. mail, state mail, or deposit with a state
			 institution for hand delivery;
(j)
			 "State Institution" means Dammasch State Hospital in Wilsonville, Oregon State
			 Hospital in Salem, Fairview Training Center in Salem, and Eastern Oregon
			 Hospital and Training Center in Pendleton.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0030 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. Individuals admitted to the
			 Division institutions are liable for the full cost of their care, but are
			 required to pay only what they are able to pay. This rule establishes
			 guidelines for determining a person's ability to pay for the cost of care in a
			 state institution.
(2) Statutory
			 Authority. This rule is made necessary by ORS
			 179.610, authorized by ORS
			 413.042 and carries out the
			 provisions of ORS 179.610 to
			 179.770.
Stat. Auth.: ORS
				  179.770,
				  413.042 & 431.021
Stats. Implemented: ORS
				  179.610 -
				  179.770
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0031 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Ability to Pay" means the ability of a
			 person in a state institution to pay past, current, or ongoing cost of care, as
			 determined by the Division in accordance with these rules.
(2) "Assets" means, excluding income, the
			 total value of an individual's equity in real and personal property of whatever
			 kind or nature. Assets include, but are not limited to the individual's stocks,
			 bonds, cash, accounts receivable, moneys due, or any other interests, whether
			 they are self-managed, or held by the individual's authorized representative,
			 or by any other individual or entity on behalf of the individual. "Assets" held
			 in trust are subject to laws generally applicable to trusts.
(3) "Authorized Representative" means an
			 individual or entity appointed under authority of ORS 125, as guardian or
			 conservator of a person, who has the ability to control the person's finances,
			 and any other individual or entity holding funds or receiving benefits or
			 income on behalf of any person.
(4)
			 "Benefits from Health Insurance" means payments from insurance programs with
			 the limited purpose of paying for the cost of care provided to an individual by
			 a hospital or other health care provider. Benefits of this type include, but
			 are not limited to payments from:
(a) Private
			 and group health insurance policies;
(b) The Medicare and Medicaid
			 programs;
(c) Any other policies or
			 programs with the purpose of paying for the costs of inpatient and/or
			 outpatient care.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0032 - Requirements for Obtaining Financial Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Information Obtained from the Person
			 and/or the Person's Representative. The Division shall require the person
			 and/or the person's representative to submit financial information on forms
			 provided by the Division. Financial information required by the Division shall
			 include, but shall not be limited to the following:
(a) A description of the person's assets, and
			 their values;
(b) A description of
			 the person's liabilities, the dates they were incurred, the total amounts
			 owing, and a schedule of actual or planned payment dates and amounts;
(c) The sources and amounts of the person's
			 income;
(d) The sources of
			 available benefits from health insurance;
(e) A description and the amounts of the
			 person's expenses;
(f) The names
			 and ages of any dependents, and the sources and amounts of income and assets,
			 other than those of the person, which are available for their support;
			 and
(g) The income, assets, and
			 liabilities of the person's spouse or other individual who shares the person's
			 expenses;
(h) Other information the
			 person and/or the person's representative considers important to the
			 determination of the person's ability to pay.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0034 - Delivery of Ability-to-Pay Orders and Factors Relating to Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Delivery to the
			 Person - The original Ability-to-Pay Order shall be delivered to the person,
			 unless the person has an authorized representative.
(2) Delivery to the Authorized Representative
			 - If the person has an authorized representative, the original Ability-to-Pay
			 Order shall be delivered to the authorized representative, and a copy shall be
			 delivered to the person. Any Ability-to-Pay Order delivered to an authorized
			 representative shall include an explanation of the Division's right to demand
			 payment of the charges assessed by the Order, and the consequences to the
			 authorized representative of failing to comply, as provided by ORS
			 179.653.
(3) Appeal Rights - The Ability-to-Pay Order
			 shall include an explanation of the person's right to appeal the determination
			 set forth by the Order.
(4)
			 Successor Authorized Representative - If the person's authorized representative
			 does not pay or appeal the charges assessed by an Ability-to-Pay Order, and he
			 or she is subsequently replaced by a new authorized representative, the
			 successor authorized representative shall be provided with the opportunity to
			 either pay the assessed charges, or to appeal the determination set forth by
			 the Order. The Division will take the following actions when notified there is
			 a successor authorized representative:
(a)
			 Deliver copies of all Ability-to-Pay Orders not fully paid to the successor
			 authorized representative with a letter which describes the delivery of the
			 Order(s) to the previous authorized representative(s), and any actions taken by
			 the previous representative(s) with regard to the Order(s);
(b) Include with the Order copies, an
			 explanation of the successor authorized representative's right to appeal the
			 determination(s) set forth by the Ability-to-Pay Order(s).
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0035 - Enforcement of Recoupment Liens

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose. This rule establishes procedures for implementing recoupment liens
			 used in carrying out Reimbursement Orders issued by the Division.
(2) Statutory Authority and Procedure. This
			 rule is authorized by ORS
			 179.770 and
			 430.041 and carries out the
			 provisions of ORS 179.653 and
			 179.655.
(3) Definitions. As used in this rule:
(a) "Cost of Care" means the cost determined
			 by the Division in accordance with ORS
			 179.701;
(b) "Division" means the Addictions and
			 Mental Health Division of the Oregon Health Authority;
(c) "Person" means:
(A) A patient who is receiving or has
			 received treatment or care at a state institution for the mentally
			 ill;
(B) A current or former
			 resident at a state institution for the mentally retarded.
(d) "Person's Representative" means a
			 conservator, guardian of the person, or estate of the person in a state
			 institution, or an individual who has been appointed by a court in this or
			 another state or by Federal Court to serve as the legal representative of a
			 person in a state institution, and also includes an individual whom a person in
			 a state institution has designated to receive the notice of information
			 involved in the particular transaction;
(e) "Recoupment Lien" means a charge or
			 security or encumbrance upon real or personal property that can be used to
			 satisfy the amount due for the person's cost of care;
(f) "Reimbursement Order" means the order
			 issued to determine the person's ability to pay pursuant to ORS
			 179.640(1) and
			 (2);
(g) "State Institution" means Dammasch State
			 Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training
			 Center in Salem, and Eastern Oregon Hospital and Training Center in
			 Pendleton;
(h) "Warrant" means the
			 document issued by the Division directed to the sheriff of any county of the
			 state commanding the sheriff to levy upon and sell the real and personal
			 property which is subject to satisfaction of the recoupment lien.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0070 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests for
			 copies of medical records must be made in writing with proper consent and must
			 be specific to assure that only the essential portions of the medical record
			 are copied and released.
(2) A
			 patient or resident shall not be denied access to the medical record because of
			 inability to pay. The patient may review his or her record in the Medical
			 Record Department at no charge.
(3)
			 A copy of the most recent release summary shall be furnished free of charge to
			 authorized persons or agencies providing follow-up care.
(4) A copy of required portions of medical
			 records may be provided without charge to the following agencies and
			 individuals. When a substantial part or all of a medical record is requested,
			 the Division may charge for copies in accordance with OAR chapter 943-003:
(a) Community mental health
			 programs;
(b) Courts;
(c) Hospitals;
(d) Individuals or agencies providing
			 follow-up care for the patient;
(e)
			 Insurance carriers paying for patient's or resident's care; and
(f) Physicians.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0100 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules establish the amount
			 of earned income the Division excludes when calculating ability-to-pay for cost
			 of care at a mental health institution. The purpose of this earned income
			 exclusion is to reduce the disincentive to work for patients and
			 residents.
(2) Statutory Authority.
			 These rules are authorized by ORS
			 413.042 and carry out the
			 provisions of ORS 179.770.
Stat. Auth.: ORS
				  179.770,
				  413.042 & 431.021
Stats. Implemented: ORS
				  179.610 -
				  179.770
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Earned Income" means money received by a
			 patient or resident in a mental health institution in return for services
			 rendered, while receiving care or treatment at the institution.
(2) "Mental Health Institution" means
			 Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem,
			 Fairview Training Center in Salem, and Eastern Oregon Psychiatric Center and
			 Eastern Oregon Training Center in Pendleton.
Stat. Auth.: ORS
				  179.770,
				  413.042 & 431.021
Stats. Implemented: ORS
				  179.610 -
				  179.770
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0110 - Earned Income in Calculation of Ability-to-Pay

Current through Register Vol. 63, No. 7, July 1, 2024
The Division includes earned income as income in the
				calculation of ability-to-pay, as described in OAR
				309-012-0030.
Stat. Auth.: ORS
				  179.770,
				  413.042 & 431.021
Stats. Implemented: ORS
				  179.610 -
				  179.770
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0115 - Earned Income Exclusion

Current through Register Vol. 63, No. 7, July 1, 2024
The Division allows a patient or resident to retain a portion
				of any income earned while in a mental health institution. The amount of earned
				income to be excluded in the calculation of ability-to-pay is determined by
				subtracting $65 from earned income. An additional $25 will be subtracted from
				the total income (both earned and unearned) as an allowance for personal
				need.
Stat. Auth.: ORS
				  179.770,
				  413.042 & 431.021
Stats. Implemented: ORS
				  179.610 -
				  179.770
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 12 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 309-012-0235 - Termination of Relative Foster Care Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is adopted in coordination with
			 the Oregon Health Authority's (Authority) work with counties to transition
			 participating individuals from relative adult foster care to Medicaid-funded
			 services or other available programs.
(2) Effective December 31, 2017, the
			 Authority shall no longer fund relative adult foster care directly or through
			 Service Element 34A of its contracts with community mental health
			 programs.
(3) Relative adult foster
			 care does not include the services provided in licensed adult foster homes
			 pursuant to OAR chapter 309, division 040.
Statutory/Other Authority: ORS
				  413.042 & ORS
				  430.640
Statutes/Other Implemented: ORS
				  413.042 & ORS
				  430.610-430.651
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0030 - Management of Trust Accounts and Patient Funds in State Institutions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. This
			 rule establishes standards and procedures to be observed by Superintendents and
			 their employees in the management of trust accounts and patient funds in state
			 institutions, as well as make applications on behalf of patients for Social
			 Security or Veterans Administration benefits or be appointed representative
			 payee for a patient's Social Security or Veterans Administration benefit
			 payments.
(2) Statutory Authority
			 and Procedure. This rule is authorized by ORS
			 430.040 and carries out the
			 provisions of ORS 179.510 to
			 179.530.
(3) Definitions. As used in this rule:
(a) "Agency trust account" means an account
			 established in the name of a patient by the Superintendent of a state
			 institution under ORS
			 179.510 to retain funds
			 deposited with the Superintendent by or for the named patient;
(b) "Division" means the Addictions and
			 Mental Health Division of the Oregon Health Authority;
(c) "Patient's Designee" means a person
			 designated by the patient in a state institution in writing to receive
			 duplicate copies of documents sent to the patient relating to the patient's
			 funds;
(d) "Representative or
			 Indirect Payee Trust Account" means a trust account established in the name of
			 a patient by the Superintendent of a state institution or other staff
			 representative or indirect payee to retain the patient's Social Security or
			 Veterans benefits paid to the representative payee;
(e) "State Institution" means Dammasch State
			 Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training
			 Center in Salem, and Eastern Oregon Hospital and Training Center in
			 Pendleton;
(f) "Superintendent"
			 means the executive head of the state institution as listed in subsection
			 (3)(e) of this rule;
(g) "Treatment
			 Team" means the group whose membership consists of professional and direct care
			 staff.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0035 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The Pay for Patient and Resident
			 Workers Program was established to support the goals or the patient's or
			 resident's treatment/training plan. These rules establish standards and
			 procedures for administering the agency payroll system for patient and resident
			 workers in state institutions.
(2)
			 Statutory Authority. These rules are authorized by ORS
			 413.042, and carry out the
			 provisions of ORS 179.440,
			 426.385 and
			 427.031.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385,
				  427.031 &
				  179.440
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Appointment Notice" means the form used
			 at the institution to enter a patient or resident worker into the agency
			 payroll system.
(2) "Division"
			 means the Addictions and Mental Health Division of the Oregon Health
			 Authority.
(3) "Patient Worker"
			 means a person in a state institution for the mentally or emotionally disturbed
			 who performs work for pay that is of therapeutic benefit to the
			 patient.
(4) "Resident Worker"
			 means a person in a state institution for the mentally retarded and other
			 developmentally disabled who performs work for pay that is of training benefit
			 to the resident.
(5) "State
			 Institution" means all Oregon State Hospital campuses.
Statutory/Other Authority: ORS
				  179.040 &
				  413.042
Statutes/Other Implemented: ORS
				  426.385 &
				  179.440
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0045 - Wage Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State
			 institutions shall ensure a fair and equitable system to calculate reasonable
			 compensation for work performed by patient and resident workers.
(a) The compensation rate shall reflect the
			 community pay rates for similar jobs;
(b) Be calculated using labor market
			 information through Oregon Employment Department; and
(c) Be adjusted annually by January 31 of
			 each year.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0055 - Hiring Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to employment, all patient and resident workers must be informed verbally, and
			 in writing, of their rights with respect to their working relationship with the
			 state institution. Those rights are as follows:
(a) To receive reasonable compensation for
			 all work performed, other than personal housekeeping chores;
(b) To receive overtime compensation for work
			 performed in excess of an eight hours per day or 40 hours per week;
(c) To refuse any work except personal
			 housekeeping chores and, that which is essential for their treatment or
			 training;
(d) To review their
			 productivity rating if less than 100 percent.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0060 - Payroll Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 state institution will use a gross payroll system for processing the agency
			 payroll for patient and resident workers. Biennial budgets for agency payroll
			 will be based on expected gross payroll expenses.
(2) The work supervisor will keep a record of
			 each patient or resident worker's work times and/or specific tasks
			 completed.
(3) Each institution
			 shall adopt written procedures, approved by the Division Administrator, to
			 prepare, distribute, and account for agency payroll payments.
(4) Payroll records will be maintained in
			 accordance with the appropriate record retention requirements of the Secretary
			 of State's Archives Division.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385,
				  427.031 &
				  179.440
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0075 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe procedures
			 for handling cases of fraud and embezzlement involving Division employees
			 working in the central office or state institutions, persons working under
			 personal service contracts with the Division, and service providers and
			 subcontractors of service providers contracting with the Division.
(2) Statutory Authority. These rules are
			 authorized by ORS 179.040 and
			 413.042, and carry out the
			 provisions of ORS 430.021(2).
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  430.021
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0080 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Central Office" means all organizational
			 elements of the Addictions and Mental Health Division which are not a part of a
			 state institution.
(2) "Division"
			 means the Addictions and Mental Health Division of the Oregon Health
			 Authority.
(3) "Embezzlement" means
			 any action to willfully take or convert to one's own use, money or property of
			 another, which the wrongdoer acquired lawfully through some office or
			 employment or position of trust.
(4) "Fraud" means any action by an individual
			 to knowingly, willfully and with deceitful intend take or use for their own
			 personal gain money or property which does not belong to them.
(5) "Service Provider" means a public or
			 private community agency or organization that provides a particular mental
			 health service (such as preschool services for the developmentally disabled, a
			 detoxification center, or a day treatment program) approved by the Division. An
			 agency organization may provide more than one service element, and more than
			 one agency or organization in a county may provide the same service
			 element.
(6) "State Institution"
			 means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem,
			 Fairview Training Center in Salem, and Eastern Oregon Hospital and Training
			 Center in Pendleton.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  430.021
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0085 - Reporting of Suspected Fraud and Embezzlement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon discovery, all cases of suspected
			 fraud and embezzlement related to the central office shall be referred, along
			 with all related information, to the Administrator. The Administrator shall
			 review the case, call upon appropriate sources to investigate, and notify
			 appropriate authorities.
(2) In
			 case of suspected fraud or embezzlement involving a state institution, the
			 superintendent of the institution shall review the case, call upon appropriate
			 sources to investigate, and notify appropriate authorities. All cases under
			 review shall be reported to the Administrator.
(3) Each service provider contracting with
			 the Division shall report in writing the details of all cases of suspected
			 fraud and embezzlement involving its employees and/or the employees of its
			 subcontractors to the Division's Administrator not later than one working day
			 after the date the alleged activity comes to their attention. The report shall
			 describe the incident and action being taken to resolve the problem.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  430.021
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0090 - Investigation of Suspected Fraud and Embezzlement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In cases of suspected fraud and
			 embezzlement involving funds and resources of the Division:
(a) The Administrator shall begin the
			 investigation immediately and may, in the course of investigation, call upon
			 the services of appropriate law enforcement agencies, the Attorney General, the
			 Division Audit Unit, and/or other who may be of assistance in developing the
			 case;
(b) A service provider which
			 has contracted with the Division is responsible for developing cases of
			 suspected fraud and embezzlement involving its employees and/or the employees
			 of its subcontractors, and is responsible for referral to the proper
			 authorities. However, the Division may assume control of any case not handled
			 to the Division's satisfaction.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0095 - Consequences of Failure to Adopt Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Failure of a service provider to adopt and follow procedures
				which the Division decides are needed to minimize chances for fraud and
				embezzlement of Division resources shall constitute grounds for terminating any
				contract between the Division and that service provider. If the service
				provider is a subcontractor of a service provider contracting with the
				Division, then such failure on the part of the subcontractor shall constitute
				grounds for stipulation by the Division that no Division managed funds be used
				for payment to that subcontractor.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  430.021
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0100 - Disclosure Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
Disclosure must be made to the Division before a contract is
				entered into, or at the time it becomes known, of the name of any person who
				has ownership or control interest of five percent or more, or is an officer,
				director, agent, or managing employee, and has been convicted of a criminal
				offense related to the involvement of such person in any such program,
				including theft of patient funds. Failure to make this disclosure shall
				constitute grounds for terminating that contract.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  430.021
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 13 - ACCOUNTING AND BUSINESS PRACTICES › Section 309-013-0105 - Disciplinary Action

Current through Register Vol. 63, No. 7, July 1, 2024
Fraud or embezzlement of Division resources and/or patient or
				resident funds committed by Division employees shall constitute grounds for
				disciplinary action. The type and extent of disciplinary action will be
				determined in accordance with the Division's collective bargaining agreements
				and "Personnel Relations Law, Personnel Rules and Personnel Policies."
				Notwithstanding any portion of these rules, existing agreements with unions
				representing the employee(s) involved, governing complaint investigation, shall
				be observed.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  430.021