Oregon Administrative Code

309-035-0145 Safety (1) The provider must train all program staff in safety procedures prior to beginning their first regular shift. (2) Every resident must be trained in resident safety procedures as soon as possible within the first 72 hours of residency. (3) The program must d…

309-035-0150 Sanitation (1) The water supply in the program must meet the requirements of the current rules of Oregon Health Authority Public Health Division governing domestic water supplies and: (a) A municipal water supply must be utilized if available; and (b) When the progra…

309-035-0155 Individual Furnishings (1) The program must permit a resident to use the resident’s own furniture within space limitations of the resident’s unit. Otherwise, furniture must be provided or arranged for each resident, maintained in good repair, and must include the fol…

309-035-0156 Screening (1) The provider must ensure the screening and referral policies and procedures process include: (a) The program staff responsible for each component of the screening and referral information gathering and decision-making process. The program must allocate …

309-035-0158 Waitlist Management (1) Management of waitlists includes the following: (a) The program must establish admission waitlists; (b) The program must document actions taken in the management of the waitlist; and (c) The program must verify and update their waitlist by con…

309-035-0163 Admission (1) The program must specify in its admission policy and procedures the program staff responsible for each component of the admission process. (2) The program must obtain informed consent for services from the prospective resident or the prospective residen…

309-035-0165 Residency Agreement (1) The provider must enter into a written residency agreement with each resident or the resident’s legal representative and be admitted to the program consistent with the placement type with the following procedures: (a) The written residency agr…

309-035-0170 Standards for Residency Transfers and Discharges (1) Each provider’s transfer and discharge policy and procedure must designate the program staff responsible for each step of the process for transferring or discharging residency. The provider must designate responsib…

309-035-0175 Rights, Freedoms, and Protections (1) Each resident must 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 must be assured unless expressly limited by a court in the c…

309-035-0183 Individual Grievances and Appeals (1) The provider must post the Division complaint poster and abuse reporting information in a prominent location in the common area. (2) The provider must develop and implement written policies and procedures concerning the grievance…

309-035-0185 Individual Assessment and Residential Service Plan (1) The program must complete an assessment for each resident within 14 days after admission to the program: (a) The assessment must be based upon: (A) An interview with the resident to identify strengths, preference…

309-035-0190 Person-Centered Service Plan (1) A person-centered service plan must be developed through a person-centered service planning process. The person-centered service planning process: (a) Is directed by the resident; (b) Includes people chosen by the resident; (c) Provid…

309-035-0195 Individually-Based Limitations (1) When the program qualities described below create a threat to the health and safety of a resident or others, a provider may seek to apply an individually-based limitation through the process described in this rule. The program quali…

309-035-0200 Individual Services and Activities (1) The provider must make services and activities available at the program including care and treatment consistent with ORS 443.400 and those services individually specified for the resident in the residential service plan develope…

309-035-0205 Use of Seclusion or Restraints (1) The use of seclusion or restraints is prohibited except in SRTFs with the Division's approval. (2) A SRTF provider or applicant may apply to the Division for approval to use seclusion or restraints pursuant to OAR 309-033-0700 throu…

309-035-0210 Food Services (1) The provider must plan, prepare, and serve three meals daily at times consistent with those in the community. The meals must be culturally responsive to the residents and provided in accordance with the guidelines provided by the United States Depar…

309-035-0215 Health Services (1) The program administrator must ensure all residents are offered medical attention when needed. The provider must arrange for health services with the informed consent of the resident or the resident’s representative. The program must arrange for p…

309-035-0217 Crisis Respite Services Licensed programs provide crisis respite services must be in compliance with all prescribed standards of these rules except as provided in the following. (1) When providing crisis respite services, a program: (a) Is not required to enter into …

309-035-0220 Civil Penalties (1) For purposes of imposing civil penalties, programs licensed under ORS 443.400 to 443.455 are long-term care facilities subject to ORS 441.705 to 441.745. (2) Violations of any requirement within any part of these rules may result in a civil penalt…

309-035-0225 Criminal Penalties (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 pro…

309-035-0251 Procedures for Correction of Violations (1) At any time after receipt of a statement of deficiency or an inspection report, the provider or the Division may request a conference in writing. The conference must be scheduled within ten days of a request by either party…

309-035-0255 Administrative Sanctions (1) An administrative sanction may be imposed for non-compliance with these rules. (2) An administrative sanction includes one or more of the following actions: (a) Civil penalties; (b) Attachment of conditions to a license; and (c) Denial, s…

309-035-0265 Conditions (1) Conditions may be attached to a license by order issued by the OHA director, and such order takes effect immediately upon issuance of the order. Conditions may be attached upon a finding that: (a) Information on the application or initial inspection re…

309-035-0271 Denial, Revocation, or Non-Renewal of License (1) The Division must deny, revoke, or refuse to renew a license where it finds any of the following: (a) There has been substantial non-compliance with these rules; (b) There is substantial non-compliance with local code…

309-035-0275 Suspension of License (1) The Division may immediately suspend a license for reason of abuse, neglect, or exploitation of a resident if: (a) The Division finds that the abuse, neglect, or exploitation causes an immediate threat to a resident; or (b) The provider fail…

309-035-0281 Removal of Residents (1) The Division may order the removal of residents from a program to an alternative placement on the following grounds: (a) When a violation of these rules is not corrected after time limit specified in notice; (b) There is a violation of a resi…

309-036-0100 Statement of Purpose 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) thr…

309-036-0105 Definitions The following definitions apply to these rules: (1) “Care Provider” means an individual or entity that provides services and support for an individual with serious mental illness or serious and persistent mental illness under a residential service agreeme…

309-036-0110 Community Mental Health Housing Fund, Community Mental Health Housing Trust Account, Income and Expenditures (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 …

309-036-0115 Funds for Community Housing (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 partne…

309-036-0120 Funds for Institutional Housing (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 seri…

309-036-0130 Real Property for Community Housing (1) In accordance with ORS 426.508, the Oregon Department of Administrative Services in coordination with the City of Wilsonville and the Division shall reserve not more than ten acres from the sale of the property formerly known a…

309-036-0135 Monitoring of Community Housing Awarded Financial Assistance (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 t…

309-036-0140 Community Mental Health Housing Fund Advisory Committee (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 t…

309-039-0500 Purpose and Scope 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 Oreg…

309-039-0510 Definitions As used in these rules: (1) “Community Mental Health Program” means the organization of all services for persons with mental or emotional disturbances, drug abuse problems, mental retardation or other developmental disabilities, and alcoholism and alcohol…

309-039-0520 Eligible Providers (1) Agencies that currently hold a Certificate of Approval for the provision of mental health services as a contractor of OHA, a subcontractor of OHA, or a contractor of a Community Mental Health Program, or a license to provide residential or adul…

309-039-0530 Approval Process (1) Request for initial certification or certification renewal shall be submitted to the Division compliant with the process governed by OAR 309-0080100 to 309-008-1600. In addition to the requirements set in OAR 309-008 the applicant will include wi…

309-039-0540 General Standards Each provider is required to meet all applicable standards from the following standards: (1) Specific Staff Qualifications and Compentencies, detailed in OAR 309-019-0125; and (2) Personnel Documentation, Training and Supervision, detailed in OAR 30…

309-039-0560 Standards for Mental Health Partial Hospitalization and Day Treatment Programs In addition to OAR 309-039-0500 through 309-039-0540, each provider operating a mental health partial hospitalization or day treatment program shall comply with the following standards: (1…

309-039-0570 Standards for Mental Health Residential Programs In addition to meeting OAR 309-039-0500 through 309-039-0540 each provider operating a mental health residential program shall meet the following standards: (1) Facility standards. Each provider shall meet OAR 309-035-…

309-039-0580 Variance A variance to these rules may be requested and granted to a provider via the process governed by OAR 309-008-1600. Statutory/Other Authority: ORS 413.042 & 743A.168 Statutes/Other Implemented: ORS 743A.160 & 743.168 History: MHS 19-2016, f. 11-28-16, cert. e…

309-040-0300 Purpose and Scope (1) These rules prescribe minimum care and service standards by which the Health Systems Division (Division) of the Oregon Health Authority (Authority) licenses community-based Adult Foster Homes (AFHs) for adults with mental health conditions. The …

309-040-0305 Definitions (1) "Abuse" means abuse as defined in ORS 430.735. (2) "Abuse Investigation and Protective Services" means an investigation and any subsequent services or supports necessary to prevent further abuse as required by ORS 430.745 to 430.765 and OAR 943-045-00…

309-040-0307 Required Home-like Qualities (1) Each AFH must have all of the following: (a) The home must be integrated in and supports the same degree of access to the greater community as people not receiving HCBS, including opportunities for a resident to: (A) Seek employment a…

309-040-0310 License Required (1) In accordance with ORS 443.725, every provider of an adult foster home must be licensed by the Division before opening or operating an AFH or providing care for compensation to a resident. (a) The provider must live in the home that is to be lice…

309-040-0315 License Application and Fees (1) A completed, written application must be submitted by the applicant in a form and manner required by the Division along with the required $20 per bed non-refundable fee. The application is not complete until all information is receive…

309-040-0325 Capacity (1) The Division must determine the number of residents permitted to reside in an AFH based on the ability of the provider to meet the care needs of the residents, the fire and life safety standards, and compliance with the physical structure standards of th…

309-040-0330 Zoning for Adult Foster Homes (1) An AFH is a residential use of property for zoning purposes. Under ORS 197.665, an AFH is a permitted use in any residential zone that allows a single family dwelling and in any commercial zone that allows a single family dwelling. (…

309-040-0335 Training Requirements for Providers, Resident Managers, and Substitute Caregivers (1) All providers, resident managers, and substitute caregivers must satisfactorily meet all educational requirements established by the Division. Providers and staff may not provide ca…