Oregon Administrative Code

309-009-0050 Level of Readiness (1) The Authority must review CCBHC criteria using a level of readiness tool to specify a level of readiness designation as follows: (a) Ready to certify: Demonstrates substantial conformance to the criteria, current operation has capacity to be ma…

309-009-0055 Types of Certifications Based on level of readiness designation, Certified Community Behavioral Health Clinics (CCBHC) will receive the following certification types: (1) Full certification is given when CCBHC receives level of readiness designation of “ready to cert…

309-009-0060 Variances (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 resu…

309-011-0024 Purpose and Scope 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, r…

309-011-0026 Definitions (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 43…

309-011-0028 CAC Roles (1) The role of OCAC is to provide the Oregon Health Authority feedback and recommendations from the independent, consumer and community voices of People with Lived and Living Experience, through recommendations on the provision of Behavioral Health service…

309-011-0031 CAC Responsibilities (1) OCAC shall have a full council meeting at least once every two months. (2) A meeting may continue without a quorum participating, but authorities granted to OCAC may not be exercised without a quorum. (3) Recommendations to Oregon Health Auth…

309-011-0032 Memberships: Selection and Terms (1) Members shall be appointed by the OHA Director or their designee after considering OCAC recommendations and shall be appointed for a three-year term following a written acceptance of the offer. (2) OCAC shall consist of between 15…

309-011-0034 Chair and Vice-Chair: Election and Duties (1) The OCAC shall elect, by a majority vote, one of its members as chair and one as vice-chair, to serve for a two year term each, with the possibility of re-election for one additional consecutive term. The role of chair or…

309-011-0036 OHA Responsibilities (1) OHA may provide the following to OCAC members: (2) OHA’s mission, vision, goals, roles and scope of business. (3) Lobbying restriction information; (4) Conflict of interest information; (5) Public meeting law information; (6) These administra…

309-011-0040 Purpose and Statutory Authority (1) Purpose. These rules describe the organization and responsibilities of the Mental Health Advisory Board. (2) Statutory Authority. These rules are authorized by ORS 413.042 and carry out the provisions of ORS 430.050. Statutory/Othe…

309-011-0045 Definitions As used in these rules: (1) “Administrator” means the Assistant Director of the Addictions and Mental Health Division, Oregon Health Authority. (2) “Consumer” means a person receiving or eligible to receive services under rules of the Division. (3) “Divis…

309-011-0050 Organization (1) The Mental Health Advisory Board shall be composed of at least 15 but not more than 20 lay and professionally trained individuals. (2) The Administrator, with the approval of the Governor, shall appoint the board members. (3) Board members shall prov…

309-011-0055 Responsibilities (1) The board shall assist the Division in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health programs, in accordance with ORS 430.630…

309-011-0105 Purpose (1) The purpose of OAR 309-011-0105 to 309-011-0115 is to establish the standards by which the Health Systems Division approves payments to licensed residential programs funded by the Division for adults diagnosed with mental health disorders. (2) OAR 309-011…

309-011-0110 Definitions (1) "Adult" means an individual 18 years of age or older, or an emancipated minor, conditioned upon the following: (a) An individual with Medicaid eligibility who is in need of services specific to children, adolescents, or young adults in transition must…

309-011-0115 Provider Compensation (1) Residential Program providers shall be compensated for services as defined in OAR 410-172-0710 to 410-172-0730. (2) Individuals absent from a residential program on activities under the supervision of the program staff shall be considered as…

309-011-0120 Purpose These rules prescribe standards to be implemented by the Addictions and Mental Health (AMH) Division in order to establish the Self-Determination Policy as used in ORS 430.071. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 4…

309-011-0125 Definitions As used in these rules: (1) "Director" means the Director of the Addictions and Mental Health (AMH) Division of the Oregon Health Authority (Authority), or his or her designee. (2) "Consumer” means a person who has received or is receiving mental health o…

309-011-0130 Policy The Addictions and Mental Health (AMH) Division shall adopt a policy that supports and promotes self-determination for persons receiving mental health services. The policy shall be designed to remove barriers that: (1) Segregate persons with disabilities from …

309-012-0025 Procedures for Appeals of Reimbursement Orders (1) Purpose. This rule prescribes procedures for appeals of Reimbursement Orders issued by the Division. (2) Statutory Authority and Procedure. This rule is authorized by ORS 179.640, 413.042 & 179.040 and carries out th…

309-012-0030 Purpose and Statutory Authority (1) Purpose. Individuals admitted to the Division institutions are liable for the full cost of their care, but are required to pay only what they are able to pay. This rule establishes guidelines for determining a person’s ability to p…

309-012-0031 Definitions As used in these rules: (1) “Ability to Pay” means the ability of a person in a state institution to pay past, current, or ongoing cost of care, as determined by the Division in accordance with these rules. (2) “Assets” means, excluding income, the total …

309-012-0032 Requirements for Obtaining Financial Information (1) Information Obtained from the Person and/or the Person’s Representative. The Division shall require the person and/or the person’s representative to submit financial information on forms provided by the Division. F…

309-012-0033 Procedures for Determining Ability-to-Pay for Cost of Care (1) Ability-to-Pay Orders — Based on the financial information received or obtained, the Division will determine the person’s ability to pay. If the person, and/or the person’s authorized representative fails…

309-012-0034 Delivery of Ability-to-Pay Orders and Factors Relating to Appeals (1) Delivery to the Person — The original Ability-to-Pay Order shall be delivered to the person, unless the person has an authorized representative. (2) Delivery to the Authorized Representative — If t…

309-012-0035 Enforcement of Recoupment Liens (1) Purpose. This rule establishes procedures for implementing recoupment liens used in carrying out Reimbursement Orders issued by the Division. (2) Statutory Authority and Procedure. This rule is authorized by ORS 179.770 and carries…

309-012-0070 Policy (1) Requests for copies of medical records must be made in writing with proper consent and must be specific to assure that only the essential portions of the medical record are copied and released. (2) A patient or resident shall not be denied access to the me…

309-012-0100 Purpose and Statutory Authority (1) Purpose. These rules establish the amount of earned income the Division excludes when calculating ability-to-pay for cost of care at a mental health institution. The purpose of this earned income exclusion is to reduce the disincen…

309-012-0105 Definitions As used in these rules: (1) “Earned Income” means money received by a patient or resident in a mental health institution in return for services rendered, while receiving care or treatment at the institution. (2) “Mental Health Institution” means Dammasch …

309-012-0110 Earned Income in Calculation of Ability-to-Pay The Division includes earned income as income in the calculation of ability-to-pay, as described in OAR 309-012-0030. Statutory/Other Authority: ORS 179.770 & 413.042 Statutes/Other Implemented: ORS 179.610 – 179.770 His…

309-012-0115 Earned Income Exclusion The Division allows a patient or resident to retain a portion of any income earned while in a mental health institution. The amount of earned income to be excluded in the calculation of ability-to-pay is determined by subtracting $65 from earn…

309-012-0235 Termination of Relative Foster Care Funding (1) This rule is adopted in coordination with the Oregon Health Authority’s (Authority) work with counties to transition participating individuals from relative adult foster care to Medicaid-funded services or other availab…

309-013-0030 Management of Trust Accounts and Patient Funds in State Institutions (1) Purpose. This rule establishes standards and procedures to be observed by Superintendents and their employees in the management of trust accounts and patient funds in state institutions, as well…

309-013-0035 Purpose and Statutory Authority (1) Purpose. The Pay for Patient and Resident Workers Program was established to support the goals or the patient’s or resident’s treatment/training plan. These rules establish standards and procedures for administering the agency payr…

309-013-0040 Definitions As used in these rules: (1) “Appointment Notice” means the form used at the institution to enter a patient or resident worker into the agency payroll system. (2) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (3…

309-013-0045 Wage Standards (1) State institutions shall ensure a fair and equitable system to calculate reasonable compensation for work performed by patient and resident workers. (a) The compensation rate shall reflect the community pay rates for similar jobs; (b) Be calculated…

309-013-0055 Hiring Procedure (1) Prior to employment, all patient and resident workers must be informed verbally, and in writing, of their rights with respect to their working relationship with the state institution. Those rights are as follows: (a) To receive reasonable compens…

309-013-0060 Payroll Procedure (1) Each state institution will use a gross payroll system for processing the agency payroll for patient and resident workers. Biennial budgets for agency payroll will be based on expected gross payroll expenses. (2) The work supervisor will keep a …

309-013-0075 Purpose and Statutory Authority (1) Purpose. These rules prescribe procedures for handling cases of fraud and embezzlement involving Division employees working in the central office or state institutions, persons working under personal service contracts with the Divi…

309-013-0080 Definitions As used in these rules: (1) “Central Office” means all organizational elements of the Addictions and Mental Health Division which are not a part of a state institution. (2) “Division” means the Addictions and Mental Health Division of the Oregon Health Au…

309-013-0085 Reporting of Suspected Fraud and Embezzlement (1) Upon discovery, all cases of suspected fraud and embezzlement related to the central office shall be referred, along with all related information, to the Administrator. The Administrator shall review the case, call up…

309-013-0090 Investigation of Suspected Fraud and Embezzlement (1) In cases of suspected fraud and embezzlement involving funds and resources of the Division: (a) The Administrator shall begin the investigation immediately and may, in the course of investigation, call upon the se…

309-013-0095 Consequences of Failure to Adopt Procedures Failure of a service provider to adopt and follow procedures which the Division decides are needed to minimize chances for fraud and embezzlement of Division resources shall constitute grounds for terminating any contract b…

309-013-0100 Disclosure Requirement Disclosure must be made to the Division before a contract is entered into, or at the time it becomes known, of the name of any person who has ownership or control interest of five percent or more, or is an officer, director, agent, or managing …

309-013-0105 Disciplinary Action Fraud or embezzlement of Division resources and/or patient or resident funds committed by Division employees shall constitute grounds for disciplinary action. The type and extent of disciplinary action will be determined in accordance with the Div…

309-013-0120 Purpose and Statutory Authority (1) Purpose. These rules establish a Division procedure for audits of community mental health programs, mental health organizations and their subcontractors and vendors and any service provider agreeing to offer services through direct…

309-013-0130 Definitions (1) “Audit” means the examination of documents, records, reports, systems of internal control, accounting and financial procedures, and other evidence for one or more of the following purposes: (a) To ascertain whether the financial statements present fai…

309-013-0140 Scope and Application of the Rule Under these rules, the Division may audit any service provider that provides any part of the community mental health program including the community mental health program itself, Mental Health Organizations providing services under t…

309-013-0150 Revenue (1) A service provider shall maintain a revenue account for each income source which results from the operation of the service or is used to support the service. For example, separate revenue accounts shall be established for each service element for which th…