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 309-035-0170 - Termination of Residency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 provider's termination policy and procedure shall designate the program staff
			 responsible for each step of the process for terminating residency. The
			 provider shall designate responsibilities organized and assigned to promote a
			 fair and efficient termination process. Unless otherwise designated as a
			 condition of licensing or in contract language approved by the Division, the
			 program administrator shall be responsible for initiating and coordinating
			 termination proceedings. The provider shall make reasonable efforts to prevent
			 unnecessary terminations by making reasonable accommodations within the program
			 and setting.
(2) An individual or
			 an individual's legal representative may terminate residency in a facility upon
			 providing at least 30-days' notice. Upon mutual agreement between the
			 administrator and the individual or individual's legal representative, less
			 than 30 days' notice may be provided. This right may be limited if the
			 individual is placed with the provider under a court, OHA, CMHP, or PSRB
			 order.
(3) If an individual's
			 behavior poses a serious and immediate threat to the health or safety of others
			 in or near the program or setting, the program administrator, after providing
			 24 hours advance written notice to the individual, the individual's legal
			 representative, and the supervisory entity, if applicable, specifying the
			 causes, may initiate an involuntary transfer or discharge. The notice shall
			 specify the individual's right to appeal the notice of involuntary transfer or
			 discharge in accordance with OAR
			 309-035-0183(3).
			 The individual has the right to remain in the facility until due process is
			 complete or supervisory entity has ordered otherwise.
(4) When other circumstances arise providing
			 grounds for issuing a notice of involuntary transfer or discharge under this
			 section, the program administrator shall discuss these grounds with the
			 individual, the individual's legal representative, and the supervising entity,
			 if applicable, and with the individual's or the individual's legal
			 representative's permission, other individuals with an interest in the
			 individual's circumstances. If a decision is made to transfer or discharge the
			 individual, the program administrator shall provide at least 30 days' written
			 notice specifying the causes to the individual, the individual's legal
			 representative, and the supervisory entity, if applicable. This notice shall
			 also specify the individual's right to appeal the termination decision in
			 accordance with OAR 309-035-0183(3).
			 Early transfer or discharge may occur with less than 30 days advance notice
			 with the mutual agreement of the program administrator and the individual who
			 does not have a legal representative and is not under the jurisdiction of a
			 supervisory entity, or the individual's legal representative where the
			 individual is not under the jurisdiction of a supervisory entity, or the
			 supervisory entity. The program is required to initiate a transfer and
			 discharge service that must include a pre-discharge meeting with the CMHP and
			 the individual's legal representative, advocate, or supervisory entity, as
			 applicable, and shall make reasonable efforts to establish a reasonable
			 transfer or discharge date in consideration of both the program's needs and the
			 individual's need to find alternative living arrangements. Grounds for transfer
			 or discharge include the following:
(a) The
			 individual no longer needs or desires services provided by the program and
			 expresses a desire to move to an alternative setting, unless the individual is
			 placed with the provider by a supervisory entity, or with the individual's
			 legal representative's consent;
(b)
			 The individual is assessed by a Licensed Medical Professional or other
			 qualified health professional to require services such as continuous nursing
			 care or extended hospitalization that are not available or cannot be reasonably
			 arranged at the facility;
(c) The
			 individual's behavior is continuously and significantly disruptive or poses a
			 threat to the health or safety of self or others, and these behavioral concerns
			 cannot be adequately addressed with services available at the setting or
			 services that can be arranged outside of the program setting;
(d) The individual cannot safely evacuate the
			 setting in accordance with the setting's SR Occupancy Classification after
			 efforts described in OAR
			 309-035-0145(5)(b)
			 have been taken;
(e) Nonpayment of
			 fees in accordance with program's fee policy; and
(f) The individual continuously and knowingly
			 violates house rules resulting in significant disturbance to
			 others.