reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0155 - Individual Furnishings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 program shall permit an individual to use the individual's own furniture within
			 space limitations of the individual's unit. Otherwise, furniture shall be
			 provided or arranged for each individual, maintained in good repair, and
			 include the following:
(a) A bed including a
			 frame and a clean mattress and pillow;
(b) A private dresser or similar storage area
			 for personal belongings that is readily accessible to the individual; and
(c) Locked storage for the
			 individual's small, personal belongings. For programs initially licensed before
			 June 1, 1998, this locked storage may be provided in a place other than the
			 Individual's unit. The provider shall provide the individual with a key or
			 other method to gain access to her locked storage space.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0157

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.460 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0159

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0163 - Admission to Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider shall ensure the admission process includes the following:
(a) The provider shall specify in its
			 admission policy and procedures the program staff responsible for each
			 component of the admission information-gathering and decision-making process.
			 The program shall allocate responsibilities to promote effective processing of
			 referrals and admissions.
(b) The
			 provider shall develop and implement admission policies and procedures that
			 take into consideration; the placement of individuals by a supervisory
			 authority under ORS chapters 161 or 426 or by the informed consent of the
			 individual's legal representative, the ability of the program to meet the
			 service needs of both the individual and current residents of the facility, and
			 the prospective individual's right to select and choose from available service
			 settings when the individual has the capacity to engage in the treatment
			 programs offered by the facility. An individual under civil commitment has the
			 right to appeal the placement by the OHA designee as outlined in OAR
			 309-033-0290(5).
(c) The provider shall support the
			 individual's right to select a program by assisting the person-centered service
			 plan coordinator in identifying and documenting program options in the
			 person-centered service plan, including providing information regarding program
			 services and rates. The individual's right to select a service setting may be
			 limited by a court, OHA, CMHP, or PSRB order under ORS chapters 161 or 426, or
			 by the informed consent of the individual's legal representative.
(d) The provider may close admissions to the
			 program when accepting an additional prospective individual may cause the
			 program to exceed its reasonable waitlist. When admissions are closed, the
			 provider is not required to accept referrals, conduct screenings, or evaluate
			 admissions criteria as directed by these rules.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0165 - Residency Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
This rule becomes effective July 1, 2016, and enforceable as
				described in OAR 309-035-0115(17).
(1) The provider shall enter into a written
			 residency agreement with each individual or the individual's legal
			 representative and be admitted to the program consistent with the placement
			 type with the following procedures:
(a) The
			 written residency agreement shall be reviewed and signed by the program
			 administrator, the individual, and the individual's legal representative prior
			 to or at the time of admission. If the individual refuses to sign the agreement
			 after reviewing the agreement with the provider, the agreement is considered
			 valid if signed by the supervisory entity.
(b) The provider shall provide a copy of the
			 signed agreement to the individual or the individual's legal representative,
			 and the provider shall retain the original signed agreement in the individual's
			 service record;
(c) The provider
			 shall give written notice to an individual or the individual's legal
			 representative at least 30 calendar days prior to any general rate increases,
			 additions, or other modifications of the rates; and
(d) The provider shall update residency
			 agreements at least annually and also when social security rates change or an
			 individual's finances change such that the amount paid for room and board
			 changes.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0167

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.460 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0175 - Individual Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each individual shall be assured the same
			 civil and human rights accorded to other citizens, except as otherwise limited
			 by a court, OHA, CMHP, or PSRB order. These rights shall be assured unless
			 expressly limited by a court in the case of an individual who has been
			 adjudicated incompetent and not restored to legal capacity. The rights
			 described in paragraphs (2) and (3) of this section are in addition to and do
			 not limit all other statutory and constitutional rights that are afforded to
			 citizens including, but not limited to, the right to vote, marry, have or not
			 have children, own and dispose property, enter into contracts, and execute
			 documents.
(2) A provider shall
			 actively work to support and ensure each individual's rights described in this
			 rule are not limited or infringed upon by the provider except where expressly
			 allowed under these rules.
(3) The
			 provider shall ensure that individuals receiving mental health services have
			 the rights set forth in ORS
			 430.210, unless otherwise
			 limited by court order, administrative rule, administrative order, or
			 statute.
(4) An individual also has
			 a right to the following:
(a) Adequate food,
			 shelter, and clothing;
(b) A
			 reasonable accommodation if, due to their disability, the housing and services
			 are not sufficiently accessible;
(c) Confidential communication including
			 receiving and opening personal mail, private visits with family members and
			 other guests, and access to a telephone with privacy for making and receiving
			 telephone calls, unless such access is legally restricted;
(d) Express sexuality in a socially
			 appropriate and consensual manner;
(e) Access to community resources including
			 recreation, religious services, agency services, employment, and day programs
			 unless such access is legally restricted;
(f) Be free from seclusion and restraint
			 except as outlined in OAR
			 309-035-0205.
(g) To review the program's policies and
			 procedures; and
(h) Not participate
			 in research without informed voluntary written consent.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0183 - Individual Grievances and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider shall develop and implement
			 written policies and procedures concerning the grievance and appeal process. A
			 copy of the grievance and appeal process shall be posted in a place readily
			 accessible to individuals. A copy of the grievance and appeal process shall be
			 provided to each individual at the time of admission to the program.
(2) A provider's process for grievances
			 shall, at a minimum, include the following:
(a) Individuals shall be encouraged to
			 informally resolve complaints through discussion with program staff; and
(b) If the individual is not
			 satisfied with the informal process or does not wish to use it, the individual
			 may proceed as follows:
(A) The individual
			 may submit a complaint in writing to the program administrator. The individual
			 may receive assistance in submitting the complaint from any person whom the
			 individual chooses. If requested by the individual, program staff shall be
			 available to assist the individual;
(B) The written complaint shall go directly
			 to the program administrator without being read by other program staff unless
			 the individual requests or permits other program staff to read the complaint;
(C) The complaint shall include
			 the reasons for the grievance and the proposed resolutions. No complaint shall
			 be disregarded because it is incomplete;
(D) Within five days of receipt of the
			 complaint, the program administrator shall meet with the individual to discuss
			 the complaint. The individual may have an advocate or other person of their
			 choosing present for this discussion;
(E) Within five days of meeting with the
			 individual, the program administrator shall provide a written decision to the
			 individual. As part of the written decision, the program administrator shall
			 provide information about the appeal process; and
(F) In circumstances where the matter of the
			 complaint is likely to cause irreparable harm to a substantial right of the
			 individual before the grievance procedures outlined in OAR
			 309-035-0183 are completed, the
			 individual may request an expedited review. The program administrator shall
			 review and respond in writing to the grievance within 48 hours. The written
			 decision shall include information about the appeal process.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0185 - Individual Assessment and Residential Service Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program shall complete an assessment
			 for each individual within 14 days after admission to the program unless
			 admitted for crisis-respite services:
(a) The
			 assessment shall be based upon an interview with the individual to identify
			 strengths, preferences, and service needs; observation of the individual's
			 capabilities within the residential setting; a review of information in the
			 individual service record; and contact with representatives of other involved
			 agencies, the supervisory entity, the individual's legal representative, family
			 members, and others, as appropriate. All contacts with others shall be made
			 with proper authorization for the release of information or as otherwise
			 permitted by law;
(b) Assessment
			 findings shall be summarized in writing and included in the individual service
			 record. Assessment findings shall include but not be limited to diagnostic and
			 demographic data; identification of the individual's medical, physical,
			 emotional, behavioral, and social strengths, preferences, and needs related to
			 independent living and community functioning; and recommendations for
			 residential service plan goals; and
(c) The provider shall provide assessment
			 findings to the person-centered service plan coordinator to assist in the
			 development of the person-centered service plan.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0195 - Individually-Based Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
This rule becomes effective on July 1, 2016, and enforceable as
				described in OAR 309-035-0115(17).
(1) When the program qualities described
			 below create a threat to the health and safety of an individual or others, a
			 provider may seek to apply an individually-based limitation through the process
			 described in this rule. The program qualities subject to a potential
			 individually-based limitation include the individual's right to:
(a) The freedom and support to access food at
			 any time;
(b) Have visitors of the
			 individual's choosing at any time;
(c) Have a unit entrance door that is
			 lockable by the individual with only appropriate staff having access;
(d) Choose a roommate when sharing a
			 unit;
(e) Furnish and decorate the
			 individual's unit as agreed to in the Residency Agreement;
(f) The freedom and support to control the
			 individual's schedule and activities; and
(g) Privacy in the individual's
			 unit.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0200 - Individual Services and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider shall make services and
			 activities available at the program including care and treatment consistent
			 with ORS 443.400 and those services
			 individually specified for the individual in the residential service plan
			 developed as outlined in OAR
			 309-035-0185. The provider shall
			 encourage individuals to care for their own needs to the extent possible. The
			 provider shall ensure all services and activities be provided in a manner that
			 respects individuals' rights, promotes recovery, and protects personal dignity.
(2) Services and activities to be
			 available shall include but not limited to:
(a) Provision of adequate shelter;
(b) Provision of at least three meals per
			 day, seven days per week, provided pursuant to OAR
			 309-035-0210;
(c) Assistance and support, as necessary, to
			 enable individuals to meet personal hygiene and clothing needs;
(d) Laundry services that may include access
			 to washers and dryers so individuals can do their own personal laundry;
(e) Housekeeping essential to the
			 health and comfort of individuals;
(f) Activities and opportunities for
			 socialization and recreation both within the setting and in the larger
			 community;
(g) Health-related
			 services provided in accordance with OAR
			 309-035-0215;
(h) Assistance with community navigation and
			 transportation arrangements;
(i)
			 Assistance with money management when requested by an individual to include
			 accurate documentation of all funds deposited and withdrawn when funds are held
			 in trust for the individual;
(j)
			 Assistance with acquiring skills to live as independently as possible;
(k) Assistance with accessing
			 other additional services, as needed; and
(L) Any additional services required under
			 contract to the Division.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0205 - Use of Seclusion or Restraints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The use of seclusion or restraints is
			 prohibited except in SRTFs with the Division's approval.
(2) A SRTF provider or applicant may submit
			 an application to the Division for approval to use seclusion or restraints
			 pursuant to OAR 309-033-0700 through
			 309-033-0740. Approval by the
			 Division shall be based upon the following:
(a) A determination that the individuals
			 served or proposed to be served have a history of behavioral concerns involving
			 threats to the safety and well-being of themselves or others;
(b) The applicant demonstrates that the
			 availability of seclusion or restraints is necessary to safely accommodate
			 individuals who would otherwise be unable to experience a community residential
			 program; and
(c) The applicant
			 demonstrates an ability to comply with OAR
			 309-033-0700 through 0740 and
			 309-033-0500 through 0560. These
			 rules include special requirements for staffing, training, reporting, policies
			 and procedures, and the setting's physical environment.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0210 - Food Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider
			 shall plan and serve meals in accordance with the recommended dietary
			 allowances found in the United States Department of Agriculture Food Guide
			 Pyramid.
(2) The provider shall
			 obtain an order from an LMP for each individual who, for health reasons, is on
			 a modified or special diet. The provider shall plan such diets in consultation
			 with the individual.
(3) The
			 provider shall support the individual's right to access food at any time. The
			 provider may only apply an individually-based limitation when the circumstances
			 meet and the provider complies with the standards and requirements of OAR
			 309-035-0195. This section is
			 effective July 1, 2016, and enforceable as described in OAR
			 309-035-0115(17).
(4) If an individual misses a meal
			 at a scheduled time, the provider shall make an alternative meal available.
(5) The provider shall prepare
			 menus at least one week in advance and shall provide a sufficient variety of
			 foods served in adequate amounts for each individual at each meal and adjusted
			 for seasonal changes. The provider shall file and maintain records of menus in
			 the facility for at least 30 days. The provider shall consider individual
			 preferences and requests in menu planning. The provider shall reasonably
			 accommodate religious and vegetarian preferences.
(6) The provider shall maintain adequate
			 supplies of staple foods for a minimum of one week and perishable foods for a
			 minimum of two days at the setting. An emergency supply of potable water shall
			 be available such that the provider maintains seven gallons of water per
			 individual.
(7) The provider shall
			 store, prepare, and serve food in accordance with Health Services Food
			 Sanitation Rules.
Stat. Auth.: ORS
				  413.042,
				  443.450
Stats. Implemented: ORS
				  413.032,
				  443.400 -
				  443.465 &
				  443.991
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0215 - Health Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program
			 administrator shall ensure that all individuals are offered medical attention
			 when needed. The provider shall arrange for health services with the informed
			 consent of the individual or the individual's representative. The program shall
			 arrange for physicians to be available in the event the individual's regular
			 physician is unavailable. The provider shall identify a hospital emergency room
			 that may be used in case of emergency.
(2) The provider shall ensure that each
			 individual admitted to the program shall be screened by an LMP or other
			 qualified health care professional to identify health problems and to screen
			 for communicable disease. The provider shall maintain documentation of the
			 initial health screening in the individual service record:
(a) The health screening shall include a
			 brief history of health conditions, current physical condition, and a written
			 record of current or recommended medications, treatments, dietary
			 specifications, and aids to physical functioning;
(b) For regular admissions, the health
			 screening shall be obtained prior to the individual's admission and include the
			 results of testing for tuberculosis;
(c) For emergency admissions including
			 crisis-respite admissions, the health screening shall be obtained as follows:
(A) For individuals experiencing psychiatric
			 or medical distress, a health screening shall be completed by an LMP prior to
			 the individual's admission or within 24 hours of the emergency placement. The
			 health screening shall confirm that the individual does not have health
			 conditions requiring continuous nursing care, a hospital level of care, or
			 immediate medical assistance. For each crisis-respite individual who continues
			 in the program for more than seven consecutive days, a complete health
			 examination shall be arranged if any symptoms of a health concern
			 exist;
(B) For other individuals
			 who are admitted on an urgent basis due to a lack of alternative supportive
			 housing, the health screening shall be obtained within 72 hours after the
			 individual's admission;
(C) The
			 health screening criteria may be waived for individuals admitted for
			 crisis-respite services who are under the active care of an LMP if it is the
			 opinion of the attending health care professional that the crisis-respite
			 placement presents no health risk to the individual or other individuals in the
			 program. Such a waiver shall be provided in writing and be signed and dated by
			 the attending health care professional within 24 hours of the individual's
			 admission.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0220 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of imposing civil penalties, programs licensed under ORS
			 443.400 to
			 443.455 are considered to be
			 long-term care facilities subject to ORS
			 441.705 to
			 441.745.
(2) Violations of any requirement within any
			 part of the following sections of the rule may result in a civil penalty:
(a)
									309-035-0115;
(b)
									309-035-0120;
(c)
									309-035-0125;
(d)
									309-035-0130;
(e)
									309-035-0135;
(f)
									309-035-0140;
(g)
									309-035-0145;
(h)
									309-035-0150;
(i)
									309-035-0155;
(j)
									309-035-0163;
(k)
									309-035-0170;
(l)
									309-035-0175;
(m)
									309-035-0183;
(n)
									309-035-0185;
(o)
									309-035-0200;
(p)
									309-035-0205;
(q)
									309-035-0210; and
(r)
									309-035-0215.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0225 - Criminal Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Violation of any provision of ORS
			 443.400 through
			 443.455 is a Class B
			 misdemeanor.
(2) In addition, the
			 Division may commence an action to enjoin operation of a program:
(a) When a program is operated without a
			 valid license; or
(b) When a
			 program continues to operate after notice of revocation has been received and a
			 reasonable time has been allowed for placement of individuals in other
			 programs.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0250

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042 &
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.465 &
				  443.991
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0260

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042 &
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455,
				  443.875,
				  443.991
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0270

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0280

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0290

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0310

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042 &
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0320

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0330

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0340

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0360

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0370

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0380

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0390

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0410

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0420

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0430

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0440

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0450

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0460

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.455 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0500

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0550

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0560

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0570

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0580

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0590

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0600

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented:
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 36 - COMMUNITY MENTAL HEALTH HOUSING FUND › Section 309-036-0100 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe standards for the development,
				renovation, and administration of the Community Mental Health Housing Program
				and the Community Mental Health Housing Fund under ORS
				426.502-426.508. The Oregon Health
				Authority (Authority) through its Health Systems Division (Division) shall
				administer the Community Mental Health Housing Fund, supported in part by the
				Community Housing Trust Account.
Statutory/Other Authority: ORS
				  413.042 &
				  430.640
Statutes/Other Implemented: ORS
				  426.502-426.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 36 - COMMUNITY MENTAL HEALTH HOUSING FUND › Section 309-036-0110 - Community Mental Health Housing Fund, Community Mental Health Housing Trust Account, Income and Expenditures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Community Mental Health Housing Fund
			 shall be maintained in the State Treasury. All earnings on investments of
			 moneys in the Fund, including earnings in the Community Housing Trust Account,
			 shall accrue to the Fund. All moneys in the Fund shall be continuously
			 appropriated to the Division to carry out the provisions of ORS
			 426.504 for the purpose of
			 providing housing for individuals with serious and persistent mental illness:
(a) Income to the Fund shall consist of:
(A) The proceeds, less costs to the state,
			 received from the sale of the F.H. Dammasch State Hospital property under ORS
			 426.508;
(B) Moneys appropriated to the Fund by the
			 Legislative Assembly;
(C) Proceeds
			 from the sale, transfer, or lease of any surplus real property owned, operated,
			 or controlled by the Division and used for community housing;
(D) Money reallocated from other areas of the
			 Division's budget;
(E) Interest and
			 earnings credited to the fund; and
(F) Gifts of money or other property from any
			 source to be used for the purposes of developing housing for individuals with
			 serious and persistent mental illness. Except as provided in ORS
			 426.506, income to the fund may
			 be restricted to deposit in the Community Housing Trust Account or may be
			 available for expenditure.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 36 - COMMUNITY MENTAL HEALTH HOUSING FUND › Section 309-036-0115 - Funds for Community Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Division shall work through community partners to develop community housing
			 and may not acquire or operate community housing directly. In circumstances
			 where a particular type of community housing is desired and no community
			 partner has been identified, the Division may acquire or directly operate
			 community housing.
(2) The
			 community housing to be assisted with funds from the Community Mental Health
			 Housing Fund shall include a variety of types of housing integrated into
			 residential neighborhoods of local communities throughout Oregon. The Division
			 may establish priorities for the types of housing to be assisted based on an
			 analysis of housing needs of individuals with serious and persistent mental
			 illness. The community housing types to be considered for funding include but
			 are not limited to single-family housing, multiple-unit residential housing,
			 residential facilities, and other residences for individuals with serious and
			 persistent mental illness. Housing for individuals with serious and persistent
			 mental illness may include improvements and related equipment to enable a
			 provider to offer services on site. When services are not offered on site, the
			 community housing provider must demonstrate that access to services is
			 available elsewhere in the community:
(a)
			 Funds may be used to develop new community housing or to preserve or renovate
			 existing community housing for individuals with serious and persistent mental
			 illness. To this end, funding may be used toward acquisition, remodeling,
			 maintenance, repair, permanently installed fixtures or appliances, and
			 equipment;
(b) The community
			 housing to be assisted with funds from the Community Mental Health Housing Fund
			 must be made available for occupancy by individuals with serious and persistent
			 mental illness. Consistent with the designated housing model, additional
			 individuals such as resident managers, care providers, family members, and
			 roommates may also reside in the housing to the extent allowed under ORS
			 426.502;
(c) Funds from the Community Mental Health
			 Housing Fund may not be used to support service provision at the community
			 housing.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 36 - COMMUNITY MENTAL HEALTH HOUSING FUND › Section 309-036-0120 - Funds for Institutional Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The institutional housing to be assisted
			 with 30 percent of interest earnings from the Community Housing Trust Account
			 and any other funds restricted to institutional housing purposes shall be for
			 occupancy by individuals with serious and persistent mental illness.
(2) The Division's Director or designee shall
			 identify annually the amount of funds available in the Community Mental Health
			 Housing Fund for institutional housing purposes:
(a) The superintendents of the state
			 psychiatric hospital facilities shall submit prioritized requests for funding
			 of institutional housing improvements to the Director or designee. The Director
			 or designee shall create an allocation plan based on a consolidated prioritized
			 list of requests;
(b) As funds
			 become available, they shall be distributed to state psychiatric hospital
			 facilities for improvements in accordance with the allocation plan.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 36 - COMMUNITY MENTAL HEALTH HOUSING FUND › Section 309-036-0135 - Monitoring of Community Housing Awarded Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall confirm annually, or more frequently at its discretion, that the
			 community housing developed with financial assistance from the Division
			 continues to operate according to the agreed terms of the financial
			 assistance.
(2) If the Division
			 determines that the community housing is not operating according to the agreed
			 terms, the owner shall be provided with an opportunity for remedy. If the
			 remedy proves unsuccessful, the Division shall consider the project in
			 default.
(3) A project shall be
			 considered in default when it is no longer operated consistent with the terms
			 of the financial assistance after the operator has been provided an opportunity
			 for remedy. When a project is in default, the Division shall take action to
			 recover any payment or settlement owed per the terms of the executed security
			 document or contractual agreement.
Statutory/Other Authority: ORS
				  413.042 &
				  430.640
Statutes/Other Implemented: ORS
				  426.502-426.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 36 - COMMUNITY MENTAL HEALTH HOUSING FUND › Section 309-036-0140 - Community Mental Health Housing Fund Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Community Mental Health Housing Fund
			 Advisory Committee (CMHHFAC) shall be comprised of not less than 11 members who
			 shall be appointed by the Director or designee. Each member shall be appointed
			 for a term of four years. Members may be reappointed for two additional
			 four-year terms.
(2) CMHHFAC
			 members shall consist of at least one Division employee who shall be
			 responsible for convening the committee. The Division shall provide clerical
			 support. Additional members shall include but not be limited to at least one
			 state psychiatric hospital representative, three consumer advocates, one family
			 advocate, one representative from the Housing and Community Services
			 Department, one community mental health service provider, one nonprofit housing
			 provider, and two members of the public at large.
(3) The CMMHFAC shall meet no less than two
			 times per year.
(4) The CMHHFAC
			 shall be responsible for:
(a) Recommending an
			 allocation plan for funding awards from the Community Mental Health Housing
			 Fund;
(b) Recommending maximum
			 award amounts;
(c) Reviewing and
			 evaluating the award decisions for community housing and institutional housing
			 awards and making recommendations regarding the award process;
(d) Making policy recommendations for the
			 operation and investment of the fund; and
(e) Such other advisory actions as might be
			 assigned by the Director.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 39 - STANDARDS FOR THE APPROVAL OF PROVIDERS OF NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES › Section 309-039-0500 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to certifications of provider organizations
				that render non-inpatient mental health treatment services. The certifications
				exist solely for the purpose of qualifying for insurance reimbursement.
				Agencies that contract with the Oregon Health Authority (OHA), subcontract with
				OHA, or contract with a Community Mental Health Program are not eligible for
				the "non-inpatient" certification.
Stat. Auth.: ORS
				  413.042 &
				  743A.168
Stats. Implemented: ORS
				  743A.160 &
				  743.168