reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 208 - REIMBURSEMENTS TO COUNTIES › Section 291-208-0050 - Limits of Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 no case shall reimbursement to a county for the costs of incarcerating an
			 offender exceed the number of days of incarceration ordered by the
			 court.
(2) The total amount of
			 funds paid by the Department of Corrections as reimbursement to counties for
			 incarceration costs under these rules in a biennium will not exceed the amount
			 of funds appropriated to the Department of Corrections for this
			 purpose.
(3) Reimbursements made to
			 counties under these rules are subject to audit by the Department of
			 Corrections.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.490,
				  813.011 &
				  813.012
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.490,
				  813.011 &
				  813.012
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0010 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authority: The
			 authority for this rule is granted to the Director of the Department of
			 Corrections in accordance with ORS
			 137.633,
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 describe how an adult on supervision may receive a reduction in the period of
			 probation or post-prison supervision in accordance with the provisions of ORS
			 137.633.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections that the supervisory authority considers eligible adults on
			 supervision for a reduction in the period of probation or post-prison
			 supervision as provided in these rules.
(b) These rules apply to persons convicted of
			 a felony, a designated drug-related misdemeanor or a designated person
			 misdemeanor and sentenced on or after August 1, 2013 to probation, to
			 post-prison supervision or to the legal and physical custody of the Department
			 of Corrections or the supervisory authority under ORS
			 137.124.
(c) These rules do not apply to those whose
			 supervision has been transferred to Oregon under the Interstate Compact for
			 Adult Offender Supervision.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0030 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person is not
			 eligible for earned discharge under subsection (2) of these rules if the person
			 is serving:
(a) A sentence for a crime
			 described in:
(A) ORS
			 163.095 (Aggravated, Attempted
			 Aggravated, or Conspiracy to Commit Aggravated Murder);
(B) ORS
			 163.107 (Murder I, Attempted
			 Murder 1, or Conspiracy to Commit Murder 1);
(C) ORS
			 163.115 (Murder II, Attempted
			 Murder II, or Conspiracy to Commit Murder II);
(D) ORS
			 163.118 (Manslaughter
			 I);
(E) ORS
			 163.125 (Manslaughter
			 II);
(F) ORS
			 163.149 (Aggravated Vehicular
			 Homicide);
(G) ORS
			 163.185 (Assault I);
(H) ORS
			 163.225 (Kidnapping
			 II);
(I) ORS
			 163.235 (Kidnapping
			 I);
(J) ORS
			 163.365 (Rape II);
(K) ORS
			 163.375 (Rape I);
(L) ORS
			 163.395 (Sodomy II);
(M) ORS
			 163.405 (Sodomy I);
(N) ORS
			 163.408 (Unlawful Sexual
			 Penetration II);
(O) ORS
			 163.411 (Unlawful Sexual
			 Penetration I);
(P) ORS
			 163.427 (Sexual Abuse
			 I);
(Q) ORS
			 163.670 (Use of a Child in
			 Display of Sexually Explicit Conduct);
(R) ORS
			 164.325 (Arson I);
(S) ORS
			 164.415 (Robbery I);
			 or
(T) ORS
			 167.017 (Compelling
			 Prostitution);
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0035 - Notification

Current through Register Vol. 63, No. 7, July 1, 2024
At the time of the first meeting with the adult on supervision,
				the supervising officer shall notify the adult on supervision of their
				eligibility for earned discharge, and then at least quarterly, shall track and
				document their progress towards achieving earned discharge and share that
				document with them.
Statutory/Other Authority: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0045 - Earned Discharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial Earned
			 Discharge Reviews:
(a) At 60 days prior to
			 completion of the minimum period of supervision as authorized in OAR
			 291-209-0030, the supervising
			 officer or designee shall review the adult on supervision's file and determine
			 if they are in compliance with their conditions of supervision and any
			 applicable supervision case plan which includes that the adult on supervision:
(A) Has either fully paid any restitution and
			 compensatory fine ordered by the court, or established a payment schedule
			 through the court or appropriate supervising authority consistent with ORS
			 137.106, and is current in their
			 payment obligations;
(B) Has not
			 been administratively sanctioned, excluding interventions, or found in
			 violation by the court in the immediate six months prior to consideration for
			 discharge on the eligible case(s) under review; and
(C) Has completed any specialty court program
			 ordered by the court, all treatment programs with set durations or timeframes
			 and has consistently participated in ongoing treatment programs assigned by the
			 court, BPPPS, or supervising officer.(b) If the supervising officer or designee
			 determines that the adult on supervision is in compliance, the supervising
			 officer shall recommend to the supervisory authority that it grant earned
			 discharge to the adult on supervision.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Attachments referenced are not included in rule text.
Click here for PDF
				  copy of attachment(s)
.
Stat Auth: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat Auth: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 209 - EARNED DISCHARGE › Section 291-209-0070 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
Appeals will be processed through the supervisory authority's
				grievance policy.
Stat Auth: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  137.633,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 210 - TRANSGENDER AND INTERSEX (AIC) › Section 291-210-0010 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish Department of Corrections policy and procedures for the
			 identification, assessment, review, and management of AICs who present or
			 identify as transgender or intersex.
(3) Policy: Within the inherent limitations
			 of resources, and the need to maintain facility security, order and discipline,
			 the health and safety of AICs and staff, and to further AIC rehabilitation, it
			 is the policy of the Department of Corrections, based on available information,
			 to:
(a) Seek to identify AICs that present as
			 transgender or intersex upon delivery to the Department of Corrections during
			 intake processing; and
(b) Assess,
			 review, and manage AICs who identify as transgender or intersex on a
			 case-by-case basis, in a respectful manner, considering each AIC's individual
			 circumstances, including but not limited to the AIC's physical sexual
			 characteristics, gender identification, physical presentation, behavior, and
			 programming needs.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 210 - TRANSGENDER AND INTERSEX (AIC) › Section 291-210-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of DOC who is not on parole,
			 post-prison supervision, or probation.
(2) Behavioral Health Services (BHS): A
			 Department of Corrections Health Services unit with primary responsibility for
			 the assessment and treatment of AICs with mental illness, developmental
			 disabilities and substance use disorders.
(3) Gender: The socially constructed roles,
			 behaviors, activities, and attributes that a given society typically or
			 historically assigns to men and women.
(4) Gender dysphoria: A psychological
			 condition characterized by significant emotional distress and impairment in
			 life functioning, caused by incongruence between gender identity and sex
			 assigned at birth.
(5) Gender
			 Identity: Distinct from sexual orientation and refers to a person's internal,
			 deeply felt sense of being male, female or something else.
(6) Intersex: A medical condition in which a
			 person is born with external genitalia, internal reproductive organs,
			 chromosome patterns, or an endocrine system that does not fit typical
			 definitions of male or female.
(7)
			 PREA Compliance Manager: A management staff person designated by the
			 institution functional unit manager with sufficient time and authority to
			 coordinate the facility's efforts to comply with the federal PREA
			 standards.
(8) Transgender and
			 Intersex Committee: A multi-disciplinary working group of DOC officials that
			 reviews and determines appropriate housing assignments, recommends safety plans
			 and provides support for AICs who identify as transgender or intersex. The
			 committee will include at least one individual with knowledge of gender issues
			 facing transgender and intersex AICs.
(9) Transgender: A person who identifies with
			 or expresses a gender identity that differs from their assigned sex at
			 birth.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 210 - TRANSGENDER AND INTERSEX (AIC) › Section 291-210-0030 - Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex at Intake

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Identification at Intake: Staff shall seek to identify AICs who present or
			 identify as transgender or intersex upon delivery to the Department of
			 Corrections during intake processing, based on available information from the
			 county, the AIC (including the AIC's stated gender identity, if any), and as
			 developed by staff.
(2) Appropriate
			 and Professional Questioning:
(a) Staff shall
			 interview AICs regarding their sex and gender identity only when necessary to
			 develop information for making appropriate intake and housing assignments,
			 classification assignments, programming assignments; to provide health care and
			 health assessments; and as necessary for the AIC's health or safety, or for the
			 safe, secure, and orderly operation of the facility.
(b) Staff shall interview AICs in a private
			 and professional manner to avoid subjecting the AIC to the risk of possible
			 abuse or ridicule.
(c) Designated
			 staff shall submit information to the Transgender and Intersex Committee for
			 review and determination of appropriate housing placement.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 210 - TRANSGENDER AND INTERSEX (AIC) › Section 291-210-0040 - Facility and Housing Assignments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Transgender and Intersex Committee will collect and review relevant
			 information regarding AICs who identify as transgender or intersex and make
			 appropriate facility and housing assignment decisions on a case-by-case
			 basis.
(2) The Transgender and
			 Intersex Committee will notify staff at the receiving facility of facility and
			 housing assignment decisions regarding the AIC prior to the AIC's
			 transfer.
(3) When an AIC is
			 assigned to a facility by the Transgender and Intersex Committee, designated
			 facility staff will determine and assign the AIC to appropriate housing within
			 the facility unless the AIC's housing assignment has been specifically directed
			 by the Transgender and Intersex Committee.
(4) An AIC who identifies as transgender or
			 intersex may not be transferred to another facility without the Transgender and
			 Intersex Committee approval.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 210 - TRANSGENDER AND INTERSEX (AIC) › Section 291-210-0050 - Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex after Facility Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Identification after Facility Assignment:
			 If an AIC identifies as transgender or intersex after being assigned to a
			 facility, staff shall notify Behavioral Health Services and the PREA Compliance
			 Manager at the receiving facility. The PREA Compliance Manager will notify the
			 Transgender and Intersex Committee and gather information for the Transgender
			 and Intersex Committee's review.
(2) Appropriate and Professional Questioning:
(a) The PREA Compliance Manager shall
			 interview the AIC regarding the AIC's assigned sex at birth, gender identity,
			 gender expression, and security concerns, and submit information to the
			 Transgender and Intersex Committee for its review.
(b) Behavioral Health Services will assess
			 the AIC for gender dysphoria and submit information to the Transgender and
			 Intersex Committee for its review, upon approval from the AIC.
(c) Staff shall interview the AIC in a
			 private setting and in a professional manner to avoid subjecting the AIC to the
			 risk of possible abuse or ridicule.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 1 - PROCEDURAL RULES › Section 309-001-0000 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Health Authority (Authority), Health Systems
				Division (Division), Addiction Services, chapter 309, shall comply with
				Authority rules in chapter 943 regarding Model Rules of Procedure, Notices of
				Rulemaking, adoption of Temporary Rules, and Delegation of Rulemaking
				Authority.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish procedures for the application, initial certification, certification
			 renewal, review, and other actions on a certificate including revocation,
			 denial, suspension, and placement of conditions for the behavioral health
			 treatment services for the types listed in section (2) of this rule.
(2) These rules apply to providers seeking
			 certification to provide behavioral health treatment services under the
			 following service delivery rules:
(a) OAR
			 309-014-0000 to 0040 (Community
			 Mental Health Programs);
(b) OAR
			 309-019-0100 to 0220 (Outpatient
			 Behavioral Health Services);
(c)
			 OAR 309-022-0100 to 0190 (Intensive
			 Treatment Services for Children and Adolescents), but not including Integrated
			 or IPSR (Child and Adolescent Integrated Psychiatric and Substance Use
			 Disorders Residential Treatment Program) licenses;
(d) OAR
			 309-022-0195 to 0230 (Children's
			 Emergency Safety Intervention Specialist);
(e) OAR
			 309-033-0200 to 0970
			 (Involuntary Commitment Proceedings);
(f) OAR
			 309-039-0500 to 0580 (Standards
			 for the Approval of Providers of Non-Inpatient Mental Health Treatment
			 Services);
(g) OAR
			 415-020-0000 to 0090 (Standards
			 for Outpatient Opioid Treatment Programs); and
(h) OAR
			 415-057-0020 to 0150 (Standards
			 for Department of Corrections-Based Alcohol and Other Drugs Treatment
			 Programs).
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0250 - Required Certifications for Behavioral Health Treatment Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A current
			 certificate is required for each provider offering behavioral health treatment
			 services by contract with the Division, by contract with a public body, or by
			 receipt of other public funds except as provided in subsection (4) of this
			 rule. A provider is considered to contract with a public body or receive public
			 funds where:
(a) The provider operates under
			 an intergovernmental agreement, a direct contract with the Division, or a
			 direct contract with one or more CCOs;
(b) The provider receives funds administered
			 by the Division or one or more CCOs;
(c) The provider is a community hospital,
			 regional acute care psychiatric facility, or nonhospital facility providing
			 care, custody, and treatment for a committed person in custody, or a person on
			 diversion pursuant to ORS
			 426.070 &
			 426.140; and
(d) The provider is a CMHP operating under
			 309-014-0000.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0300 - Terms of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 applicant and provider shall:
(a) Permit
			 Division staff to inspect the service delivery location where the applicant or
			 provider intends to provide or currently provides behavioral health treatment
			 services:
(A) During regular business hours
			 and at any other reasonable hour verify information contained in the
			 application or ensure compliance with all applicable statutes, administrative
			 rules, other applicable regulations, or contractual obligations; and
(B) Allow immediate entry and inspection,
			 extending to any premises the Division has reason to believe a provider
			 provides behavioral health treatment services.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0400 - The Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant seeking initial certification or certification renewal and an
			 existing provider seeking to expand its certified scope of services, relocate
			 an existing service delivery location, or open new service delivery location
			 must submit a completed application to the Division.
(2) The Division shall furnish an application
			 with instructions and provide appropriate technical assistance to facilitate
			 completion of the application upon:
(a)
			 Request from an applicant seeking initial certification;
(b) Request from an existing provider seeking
			 certification renewal congruent with timelines established by these
			 rules;
(c) Request from an existing
			 provider seeking to add or relocate service delivery locations; and
(d) Request from an existing provider seeking
			 to change the scope of services approved on the current certificate.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0500 - Response to Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 60 days upon receipt of application materials, the Division shall conduct a
			 comprehensive audit of the application materials to determine compliance with
			 these rules:
(a) If the application is found
			 to be complete and the materials demonstrate compliance with applicable
			 administrative rules, the Division may contact the applicant to schedule a
			 certification review;
(b) If the
			 application is not complete or does not demonstrate compliance, the Division
			 shall provide written notice of the incomplete or noncompliant application
			 describing any necessary amendment to the application. The applicant must
			 submit an amended application to the Division within 14 calendar days of
			 receipt of the Division's notice.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0600 - Appealing Denial of Application for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Division has denied an
			 application, the Division shall notify the applicant within 30 days of the
			 denial determination in writing and provide the applicant the opportunity to
			 request a hearing under ORS Chapter 183.411 to 500. Any request for a contested
			 case hearing must be submitted in writing to the Division by the applicant
			 according to the deadline set out in the notice of denial.
(2) When the Division has issued a notice of
			 intent to deny an application under these rules in addition to or in lieu of a
			 hearing under ORS Chapter 183, an applicant may request in writing an informal
			 conference with the Division as set forth in OAR
			 309-008-1200.
Statutory/Other Authority: ORS
				  179.040,
				  179.505, ORS
				  413.042,
				  413.032-413.033,
				  426.072,
				  426.175,
				  426.236,
				  426.500,
				  430.010,
				  430.021,
				  430.256,
				  430.357,
				  430.560,
				  430.640,
				  430.870, ORS
				  743A.168 &
				  743.556
Statutes/Other Implemented: ORS
				  413.520,
				  426.060,
				  426.140,
				  430.010,
				  430.254,
				  430.335,
				  430.590,
				  430.620 &
				  430.637
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0700 - Types of Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 may conduct the following types of certification reviews:
(a) After receipt of a complete application,
			 the Division shall complete a comprehensive audit of the required application
			 documentation and the service delivery locations. The Division may not issue an
			 initial certification without a completed Initial Certification
			 Review;
(b) After receipt of a
			 complete application, the Division shall complete a comprehensive audit of the
			 required application documentation and the service delivery locations. For
			 continued certification, Certification Renewal Reviews must occur prior to the
			 expiration of the existing certificate and at least once every three
			 years;
(c) The Division may conduct
			 Discretionary Certification Reviews with reasonable notice to ensure compliance
			 with applicable statute, administrative rules, other applicable regulations,
			 and contractual obligations. Discretionary Certification Reviews may be
			 conducted by the Division with or without notice for the following reasons:
(A) The Division has reasonable concern the
			 provider may act to alter records or make them unavailable for inspections;
(B) The Division received a
			 complaint or information that suggests or alleges conditions or practices that
			 could threaten the health, safety, rights, or welfare of individuals;
			 or
(C) The Division has reason to
			 believe a certification review is necessary to ensure a provider is in
			 substantial compliance with these rules, service delivery rules, other
			 applicable administrative rules, contractual obligations, or with conditions
			 placed upon the certificate.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0800 - Conduct of Certification Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall employ review
			 procedures deemed adequate to determine applicant or provider compliance with
			 applicable administrative rules, statutes, other applicable regulations, and as
			 necessary, contractual obligations. These procedures may include but are not
			 limited to:
(a) Entry and inspection of any
			 service delivery location;
(b)
			 Document review; and
(c) Interviews
			 with or a request for completion of a questionnaire by individuals
			 knowledgeable about the provider or applicant. Individuals interviewed may
			 include program staff, managers, governing or advisory board members, allied
			 agencies, individuals, their family members, and significant others.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0900 - Issuing Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division shall issue an approved applicant a certificate to provide behavioral
			 health treatment services. Every certificate shall:
(a) Be signed by the Director;
(b) Apply to all approved service delivery
			 locations listed in the accompanying letter;
(c) List the service delivery rules under
			 which the applicant or provider is approved to provide services;
(d) List the effective and expiration dates
			 of the certificate;
(e) List any
			 conditions applied to the certificate;
(f) List any variances approved by the
			 Division; and
(g) Be accompanied
			 by a letter from the Division noting:
(A) All
			 service delivery locations approved under the certificate; and
(B) Approved alternative practices related to
			 variances listed on the certificate.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-0905 - Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 may elect at any time and at its discretion to place conditions on a
			 certificate upon a finding that:
(a) The
			 applicant or provider employs or contracts with any program staff for whom
			 there is substantiated evidence of abuse, neglect, or mistreatment;
(b) The applicant or provider employs or
			 contracts with any program staff that fails to meet relevant minimum
			 qualifications described in these rules, service delivery rules, or other
			 applicable law;
(c) There is
			 substantiated evidence of abuse, neglect, or mistreatment;
(d) The applicant or provider operates such
			 that there is a threat to the health, welfare, or safety of an individual or
			 the public;
(e) The applicant or
			 provider has substantially failed to comply with these rules, service delivery
			 rules, or other applicable law;
(f)
			 The applicant or provider fails to fully implement a POC or adequately maintain
			 a corrective action;
(g) The
			 Division has issued the applicant or provider through two or more consecutive
			 certification reviews substantially similar findings of non-compliance with
			 these rules, service delivery rules, or other applicable administrative rules,
			 statutes, or regulations;
(h) There
			 is a need for increased regulatory oversight of the applicant or provider;
			 or
(i) The applicant or provider
			 fails to comply with any reporting requirements relating to funding
			 certification.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1000 - Modification to Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider with a current certificate seeking to open new service delivery
			 locations, relocate current service delivery locations, or provide additional
			 types of treatment services under different service delivery rules must submit
			 a written request for Division approval prior to any such changes:
(a) The Division must receive the written
			 request for such changes at least 60 days prior to the desired effective date
			 for any such changes;
(b) The
			 Division shall make reasonable efforts to make final determination for approval
			 or disapproval of changes to the certificate within 45 days of receiving the
			 written request.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1100 - Nonrenewal, Suspension, and Revocation of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Immediate suspension of a certificate may
			 occur if there is a serious danger to the public health and safety during a
			 period of time the Division sets forth specific reasons for its finding. The
			 provider may request a contested case hearing to contest the immediate
			 suspension order. Requests for a hearing must be received by the Division
			 within 90 days from the date the immediate suspension order was served on the
			 provider personally or was mailed by certified or registered mail. If the
			 provider requests a hearing, the hearing shall be held as soon as practicable:
(a) The Division finds there is substantial
			 failure to comply with applicable statutes, administrative rules, service
			 delivery rules, or other applicable regulations;
(b) There is a threat to health or safety of
			 individuals.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1200 - Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Division issues an Order of Suspension, a notice of intent to revoke,
			 notice of intent to deny an application or notice of refusal to renew the
			 certificate to an applicant or provider pursuant to these rules, the Division
			 shall offer the applicant or provider an opportunity for an informal
			 conference. The applicant or provider shall make its request for an informal
			 conference in writing within 14 calendar days of the issuance of the notice of
			 intent and within 14 calendar days of an Order of Suspension. Upon receipt of a
			 timely written request, the Division shall select a location and time for such
			 a conference.
(2) Following the
			 conference, the Division may:
(a) Withdraw or
			 amend the notice of intent or suspension order; or
(b) Choose not to withdraw the notice of
			 intent or suspension order.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1300 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or
			 provider who issued a notice of intent to revoke, impose conditions, or refuse
			 to renew its certificate under these rules shall be entitled to request a
			 hearing in accordance with ORS Chapter 183.
(2) When the Division orders the imposition
			 of a condition or orders immediate suspension of a certificate under the
			 provisions of this rule, the provider shall be entitled to request a hearing in
			 accordance with ORS Chapter 183.
Statutory/Other Authority: ORS
				  179.040,
				  179.505, ORS
				  413.042,
				  413.032-413.033,
				  426.072,
				  426.236,
				  426.500,
				  430.010,
				  430.021,
				  430.256,
				  430.357,
				  430.560,
				  430.640,
				  430.870 &
				  743A.168
Statutes/Other Implemented: ORS
				  413.520,
				  426.060,
				  426.140,
				  430.010,
				  430.254,
				  430.335,
				  430.590,
				  430.620 &
				  430.637
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1400 - Information to CCOs and Other Health Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon completion of the site review
			 process and the issuance of a certificate, the Division will make copies of the
			 following information available to Coordinated Care Organizations and other
			 health plans for the purpose of credentialing a provider:
(a) A current program description that
			 reflects the type and scope of behavioral health treatment services provided by
			 the provider;
(b) Provider
			 policies and procedures regarding the provider's credentialing practices of
			 individual clinicians;
(c)
			 Statements of provider's liability insurance coverage;
(d) An attestation from the Division
			 verifying that the provider has passed a screening and meets the minimum
			 requirements to be a Medicaid provider, where applicable;
(e) Reports detailing the findings of the
			 Division's certification review of the provider;
(f) The provider's Medicaid Vendor
			 Identification Number issued by the Division, where applicable;
(g) Copies of the provider's policies and
			 procedures regarding seclusion and restraint practices; and
(h) Copies of the provider's Code of
			 Conduct.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1500 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any individual
			 may file a complaint with the Division concerning a provider holding a
			 certificate under these rules. The Division may require the complainant to
			 exhaust grievance procedures available through the provider and, if applicable,
			 the Medicaid payer, prior to initiating an investigation.
(2) The Division shall only investigate a
			 complaint concerning a provider falling within the Division's scope and
			 regulatory authority:
(a) The Division shall
			 investigate and respond to a complaint pursuant to Division policies and
			 procedures;
(b) The Division shall
			 refer the complainant to the appropriate entity if the complaint pertains to a
			 provider falling outside the Division's scope or regulatory authority or
			 otherwise regulated by another state or local entity.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 8 - CERTIFICATION OF BEHAVIORAL HEALTH TREATMENT SERVICES › Section 309-008-1600 - Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or
			 provider may request a variance to these rules, applicable service delivery
			 rules, or other applicable regulations.
(2) The applicant or provider must submit the
			 variance request directly to the Division along with the application documents
			 submitted to the Division. The variance request must include:
(a) A description and applicable details of
			 the variance requested, including the applicable section of the rule for which
			 the variance is sought;
(b) The
			 rationale and necessity for the requested variance;
(c) The alternative practice proposed, where
			 relevant; and
(d) The proposed
			 duration of the variance, including a plan and timetable for compliance with
			 the rule exempted or adjusted by the variance.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish the Certified Community Behavioral Health
				Clinic (CCBHC) program and define the criteria and process that the Authority
				shall use to recognize and verify status as CCBHCs. These rules specify the
				standards for the CCBHC application and certification process. In addition to
				meeting all state and federal criteria, only organizations certified under OAR
				309-019-0100 to
				309-019-0220 (Outpatient
				Addictions and Mental Health Services) and OAR
				309-008-0100 to
				309-008-1600 (Standards for
				Certification of Behavioral Health Treatment Services) may become
				certified.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR
				409-062-0000 to
				409-062-0060:
(1) "Authority" means the Oregon Health
			 Authority.
(2) "CCBHC" means the
			 Certified Community Behavioral Health Clinic.
(3) "CCBHC application" means the survey link
			 that is posted on the CCBHC program website.
(4) "Certification" means the process which
			 the Authority uses to determine if a practice has met the criteria in the
			 document titled "Criteria for the Demonstration Program to Improve Community
			 mental Health Centers and to Established Certified Community Behavioral Health
			 Clinics" as well as the Oregon state CCBHC standards.
(5) "Certified" means that the Authority has
			 affirmed that a practice substantially meets the federal and Oregon CCBHC
			 standards
(6) "Practice" means an
			 individual, facility, institution, corporate entity, or other organization
			 which provides direct health care services or bills, obligates and receives
			 reimbursement on behalf of a performing provider of services, also termed a
			 billing provider (BP). The term provider refers to both performing providers
			 and BPs unless otherwise specified.
(7) "Program" means activities associated
			 with the CCBHC planning grant.
(8)
			 "Program website" means
			 http://www.oregon.gov/oha/HPA/CSI-BHP/Pages/Community-BH-Clinics.aspx [File
			 Link Not Available].
(9)
			 "Verification" means the process that the Authority shall conduct to ensure
			 that a practice has submitted accurate information to the Authority for
			 purposes of CCBHC certification.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0020 - Program Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Program shall develop and implement a uniform application and process for
			 certifying CCBHCs throughout the state of Oregon.
(2) The Authority shall recognize practices
			 as certified CCBHCs upon meeting criteria set forth in OAR
			 409-062-0040.
(3) The Authority shall administer the
			 Program, including data collection and analysis, recognition, and verification
			 that a practice meets the defined CCBHC criteria.
(4) The Authority may also provide technical
			 assistance.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0030 - Application and Certification Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be certified as a CCBHC, practices or
			 their designee shall submit a CCBHC application electronically to the Authority
			 using the Program's online application system found on the program website or
			 by mail to the address posted on the program website which shall be open for 30
			 days. The Authority may choose to extend the application period beyond 30
			 days.
(2) The Authority shall
			 review the application within 30 days of its submission to determine whether it
			 is accurate, complete, and meets the certified requirements. If the application
			 is incomplete the Authority shall notify the applicant in writing of the
			 information that is missing and when it must be submitted.
(3) The Authority shall review a complete
			 application within 45 days of submission. If the Authority determines that the
			 applicant has met the requirements of these rules the Authority shall:
(a) Inform the applicant in writing that the
			 application has been approved as a potential CCBHC;
(b) Assign a preliminary level of readiness
			 for certification; and
(c) Include
			 information regarding site visit planning, including, but not limited to, needs
			 assessment requests, an anticipated agenda, schedule, and materials required
			 for site visit.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0040 - Certification Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
A practice seeking CCBHC certification must meet the following
				criteria:
(1) Complete CCBHC
			 application process, meeting the "ready to certify" or "mostly ready to
			 certify" designation;
(2) Meet all
			 federal criteria stated in the document titled "Criteria for the Demonstration
			 program to Improve Community mental health Centers and to Establish Certified
			 Community Behavioral Health Clinics";
(3) Meet all Oregon criteria stated in the
			 Oregon CCBHC standards;
(4) Agree
			 to a verification site visit and follow up activities with the CCBHC site
			 review team; and
(5) Agree to
			 contributing to and participating in the statewide needs assessment
			 process.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0050 - Level of Readiness Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority shall award three levels of
			 readiness designations to practices implementing multiple advanced CCBHC
			 measures, including:
(a) Ready to certify:
			 Currently meets the required criteria.
(b) Mostly ready to certify: Currently meets
			 the majority of required criteria and has plans and a timeline in place to meet
			 remaining required criteria.
(c)
			 Mostly ready to certify with assistance: Currently meets the majority of
			 required criteria with needs for significant technical assistance to meet
			 required criteria and develop a plan and timeline to meet remaining required
			 criteria.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 9 - CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC (CCBHC) PROGRAM › Section 309-009-0060 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 may grant a variance to a CCBHC applicant or provider if:
(a) There is a lack of resources to meet the
			 criteria required in these rules; or
(b) Implementation of the proposed
			 alternative services, methods, concepts or procedures would result of improved
			 outcomes for the individual.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 11 - ADMINISTRATIVE PRACTICES › Section 309-011-0019

Current through Register Vol. 63, No. 7, July 1, 2024
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 309-011-0024 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement ORS
				430.073, related to the Oregon
				Health Authority's Oregon Consumer Advisory Council (OCAC). The scope of these
				rules is limited strictly to the OCAC, and will clarify OCAC's purpose, scope,
				membership, roles, and responsibilities, and those of the Oregon Health
				Authority.
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 309-011-0026 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrative Support" means the tasks
			 provided by the Oregon Health Authority, which are detailed in OAR
			 309-011-0230(b) below.
(2) "Advise"
			 means to recommend, suggest, or inform.
(3) "OCAC" means the Consumer Advisory
			 Council authorized by ORS
			 430.073 and comprised of
			 consumers appointed by the Director.
(4) "Consumer" means a person who is
			 receiving, or has received services for a mental health condition, substance
			 use disorder, or problem gambling disorder; or identifies as having lived
			 experience with a mental health condition, substance use disorder, process
			 addictions or problem gambling disorder; or is currently or formerly the parent
			 or caregiver of a similarly qualifying youth (up to age 25).
(5) "Director" means the Director of the
			 Oregon Health Authority.
(6)
			 Director's Designee means the OHA staff member with delegated authority from
			 the Director as liaison to the OCAC.
(7) "Majority Vote" means a decision agreed
			 upon by the majority of appointed council members.
(8) "Oregon Health Authority Representative"
			 means the individual(s) identified by Oregon Health Authority to provide
			 administrative support to the OCAC.
(9) "Present" in relation to meetings means
			 being physically present, or connected to the meeting process via conference
			 call, tele-conference, audio, or video connection.
(10) "Public Meeting" means those meetings
			 open to the public and governed by ORS
			 192.610 through
			 192.690.
Statutory/Other Authority: ORS
				  413.042 &
				  430.073
Statutes/Other Implemented: ORS
				  430.073