Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 19 - OUTPATIENT BEHAVIORAL HEALTH SERVICES › Section 309-019-0135 - Entry and Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program
			 must utilize an entry procedure that at a minimum must ensure the provision and
			 documentation of the following:
(a)
			 Individuals must be considered for entry without regard to race, ethnicity,
			 gender, gender identity, gender expression, sexual orientation, religion,
			 creed, national origin, age (except when program eligibility is restricted to
			 children, adults, or older adults), familial status, marital status, source of
			 income, and disability;
(b) The
			 provider may not deny entry to individuals based on their decision to continue
			 their currently prescribed or dispensed medication to treat opioid dependence
			 while receiving outpatient behavioral health services and supports;
(c) Individuals must receive services in the
			 timeliest manner feasible consistent with the presenting
			 circumstances;
(d) Except as
			 permitted by law in emergencies, informed consent for services must be obtained
			 prior to - or at the time that services begin. Written, voluntary informed
			 consent for services must be obtained from the individual or guardian, if
			 applicable, prior to - or at the time that - services begin. If such consent is
			 not obtained, the reason and any further attempts to obtain informed consent
			 must be documented in the service record.
(e) Per CFR 440.230, the provider must
			 develop and maintain service records and other documentation that demonstrates
			 the amount, duration and scope of each specific services and supports provided
			 for each individual;
(f) The
			 provider must submit the identified status and service data, including
			 Non-Medicaid Service Data where required, in the mandated state data system
			 according to the timelines required by the Division for each individual whose
			 services are paid for in-full or in-part by public funds and for individuals
			 enrolled in DUII services;
(g) In
			 accordance with ORS 179.505, HIPAA, and 42 CFR Part
			 2, an authorization for the release of information must be obtained and
			 contained in the service record for the release of any confidential information
			 concerning the individual being considered for or receiving services;
(h) Prior to or at the start of treatment
			 services, but no later than 30 days from initial service contact, the program
			 must offer to the individual and guardian, if applicable, written program
			 information. The written program information must be in a language understood
			 by the individual and must include:
(A)
			 Program consent, disclosure, and orientation information.
(B) Information on how to complete a
			 Declaration for Mental Health Treatment with the individual's participation and
			 informed consent;
(C) A description
			 of individual rights consistent with these rules;
(D) Information describing how to file
			 grievance and appeals consistent with these rules, including an example
			 grievance form;
(E) Notice of
			 privacy practices; and
(F)
			 Information on how to register to vote, per the National Voter Registration Act
			 of 1993, Section 7. Provider agency will supply means to register to vote upon
			 request; and
(G) If written
			 information is not provided prior or at the start of treatment services, the
			 reason and any further attempts to provide written information must be
			 documented in the service record.