Oregon Administrative Code

309-045-1250 Conditions (1) Conditions may be attached to a license and take effect immediately upon issuance by the Division. The type of condition attached to a license must directly relate to a risk of harm or potential risk of harm to individuals. Conditions may be attached u…

309-045-1260 Denial, Suspension or Revocation of License (1) The Division may deny, suspend, or revoke the license of an Agency with Choice, in accordance with ORS 183.413, for the Agency with Choice’s failure to comply with these rules or if a licensee or administrator of the Ag…

309-045-1270 Financial Transparency and Reporting Requirements (1) The rate paid to the Agency with Choice requires that: (a) The Agency with Choice will ensure that no less than 85 percent of the total payments to the Agency with Choice is spent on total compensation for Direct …

309-048-0050 Statement of Purpose and Statutory Authority (1) Purpose. These rules prescribe Division standards and procedures regarding the screening, evaluation and provision of specialized services to persons with mental illness who apply for or reside in Medicaid certified nu…

309-048-0060 Definitions As used in these rules: (1) “Annual resident review” means the review of referrals from the annual resident screening process by designees of the Addictions and Mental Health Division. The purpose of the review is to determine the need for a Level II psyc…

309-048-0070 Procedures for Level I, Pre-Admission Screening (PAS) (1) Nursing facility placement. A person identified with mental illness indicators who requests placement in a nursing facility must meet APD-PAS criteria demonstrating a need for nursing facility care. The person…

309-048-0080 Procedures for Annual Resident Reviews (ARR) A resident screened and referred by a nursing facility as having indicators of mental illness shall be reviewed by a Division designee using a format approved by the Division. (1) Timelines. The review shall be completed b…

309-048-0090 Level II Evaluations (1) Content. A Level II evaluation shall: (a) Be completed by a QMHP within 30 calendar days of the annual resident review referral or within seven working days of the pre-admission screening referral; (b) Include a mental health assessment, a ps…

309-048-0100 Documentation (1) Level II waivers. The Division shall send a copy of any waiver from the pre-admission requirement for a Level II, to the APD Level I screener who has determined that the individual needs nursing facility care pursuant to OAR 309-048-0060. (2) Nursin…

309-048-0110 Specialized Services for Individuals Residing in Nursing Facilities (1) Location. Specialized services for persons with mental illness are provided only in inpatient psychiatric settings that provide 24 hour coverage by trained mental health professionals who can del…

309-048-0120 Relocation of Persons with Mental Illness From Nursing Facilities to Other Residential Settings (1) Coordination of Plans. CMHP, NF and APD staff shall coordinate relocation plans for residents of nursing facilities with mental illness found to be ineligible for nurs…

309-048-0130 Appeals In accordance with ORS 413.042, adults with mental illness, and court approved legal guardians for individuals with mental illness, shall have the right to appeal decisions made by the Division based on screenings, admission waiver request, discharge and relo…

309-060-0100 Purpose and Scope (1) These rules establish standards and procedures for the application, review, initial registration, and ongoing registration of Community-Based Structured Housing (CBSH) for provision of services and supports to individuals with mental, emotional,…

309-060-0105 Definitions (1) "Abuse" has the meaning given in ORS 124.050, ORS 430.735, or as required by the law applicable to the agency investigating the allegations of abuse. (2) "Administration of Medication" means the act of dispensing a resident’s medication, medical treat…

309-060-0110 Letter of Registration Required (1) The owner or operator of a CBSH facility offered to the general public must register with the Division if the facility: (a) Provides congregate housing, services, and supports as defined by ORS 443.480, and (b) Is not licensed or r…

309-060-0115 Waiver of Registration Requirement (1) Any CBSH that is required to be registered or licensed under another governmental entity’s standards that are substantially similar or superior to those under ORS 443.480 to 443.500 and these rules may request a waiver of the re…

309-060-0120 Terms of Registration (1) Each applicant agrees as a term of registration: (a) The capacity of the CBSH facility must not exceed the maximum occupancy allowed under applicable building and fire codes; (b) The provider and other employees of a CBSH must not abuse any …

309-060-0125 Application for Initial Registration and Renewal Registration (1) Application for a Letter of Registration, including renewal registration, must be submitted by the applicant in writing on the forms furnished by the Division that are legible and complete and in the m…

309-060-0130 Issuance of a Letter of Registration (1) Upon receipt of a completed application the Division must: (a) Review the application to determine compliance with these rules. (b) Request any additional information or documentation that may be necessary to determine complia…

309-060-0135 Denial of Applications (1) Upon receipt of a completed application, the Division can deny the application if: (a) The applicant or facility manager, if applicable, does not have an approved background check , as required in OAR 407-007-0200 through 407-007-0370. (b) …

309-060-0140 Denial, Suspension, Revocation, or Refusal to Renew Registration (1) The Division may deny, suspend, revoke, or refuse to renew a registration when it finds: (a) There has been failure to comply with these rules or with local codes and ordinances; (b) The CBSH is pro…

309-060-0145 Rental Agreement (1) Prior to accepting compensation from any resident, the provider and the individual seeking residence at the CBSH shall both enter into a rental agreement. (2) The rental agreement must include: (a) A list of services and supports to be offered to…

309-060-0150 Program Staff Requirements (1) The provider must maintain one or more program staff for every sixteen residents. (a) The provider must take appropriate steps to hire program staff that are culturally and linguistically appropriate for the population served by the CBS…

309-060-0155 Facility Standards Each facility must meet the following standards for the protection of residents: (1) Each facility must meet applicable local zoning and building codes and state and local fire, sanitary, and safety regulations. (2) Each bedroom must: (a) Be adequa…

309-060-0160 Food Services (1) If meals are provided by the operator of the CBSH, meals must be served at the frequency and times described in the rental agreement and be planned and served in accordance with the recommended dietary guidelines found in the United States Departmen…

309-060-0165 Administration of Medication (1) Medication may not be dispensed or administered by CBSH staff. Medication may only be self-administered by the resident prescribed the medication. (2) CBSH staff may provide medication support to a resident in the self-administration …

309-060-0170 Criminal and Civil Penalties (1) The Division may impose civil penalties, not to exceed $5,000 for each occurrence for: (a) Any CBHS operating without registration as required by these rules; or (b) Any CBSH in violation of ORS 443.880 or 443.881. (2) The notice must…

309-065-0000 Purpose and Scope (1) These rules establish processes and procedures for outpatient behavioral health providers and residential substance use disorder (SUD) providers, delivering services that are culturally and linguistically specific, to receive enhanced payment fo…

309-065-0010 Definitions (1) “Culturally and linguistically specific behavioral health services” means quality mental health, substance use, problem gambling, and other behavioral health prevention, treatment, and recovery supports and services that are designed specifically for …

309-065-0020 Culturally and Linguistically Specific Services Organization & Program Qualifications (1) In order to qualify for culturally and linguistically specific behavioral health services enhanced payments as an organization, the organization must: (a) Be enrolled as an outp…

309-065-0025 Culturally and Linguistically Specific Services Program Qualifications (1) In order to qualify for culturally and linguistically specific behavioral health services enhanced payments as a program, the program must: (a) Be enrolled as an outpatient Medicaid Behavioral…

309-065-0030 Culturally and Linguistically Specific Services Individual Qualifications (1) In order to qualify for culturally and linguistically specific behavioral health services enhanced payments, individual behavioral health providers must: (a) Be enrolled as an outpatient Me…

309-065-0040 Bilingual Service and Sign Language Provider Qualifications (1) Individual providers who deliver direct care services in a language other than English or in sign language may be eligible to receive enhanced payments for direct care services delivered in a language ot…

309-065-0050 Culturally and Linguistically Specific Residential SUD Provider Qualifications (1) Except as provided in subsection (4) below, in order to qualify for culturally and linguistically specific behavioral health services enhanced payments as a residential SUD provider, t…

309-072-0100 Purpose and Scope (1) All providers must operate in compliance with these rules. These rules create minimum service delivery standards for services and supports delivered by providers certified by the Health Systems Division (Division) of the Oregon Health Authority …

309-072-0110 Definitions As used in these rules: (1) “Community-based” means the location of the person in crisis. (2) “Community Mental Health Program (CMHP)” has the meaning given the term in OAR 309-019-0105. (3) “Crisis and safety plan” means an individualized document create…

309-072-0120 Personnel Documentation, Training, and Supervision (1) Written policies and procedures must: (a) Ensure all program staff are trained in applicable evidence-based or promising practices that are developmentally, culturally, and linguistically appropriate for the indi…

309-072-0130 General Requirements (1) Each provider must meet the requirements contained within the following Oregon Administrative Rules (OAR) as applies to the type of service delivered: (a) OAR Chapter 309, Division 008 (309-008-0100 – 309-008-1600) Certification of Behavioral…

309-072-0140 Standards for Mobile Crisis Intervention Services (MCIS) (1) Mobile Crisis Intervention Services (MCIS) must be delivered to any individual experiencing a behavioral health crisis. MCIS must be available to the community, 24 hours a day, seven days per week, every da…

309-072-0150 Initial crisis response Mobile Crisis Intervention Services (MCIS) must meet the needs of each individual and must consider developmental, cultural, and linguistic needs. (1) Upon arrival, the Mobile Crisis Intervention Team (MCIT) must follow their established proce…

309-072-0160 Stabilization Services (1) Stabilization services may be provided to all individuals. (2) Stabilization services must be provided to eligible children younger than 21 years of age and their families, regardless of insurance type. (a) Stabilization services are design…

309-073-0000 Purpose and Scope (1) The purposes of 309-073-000 through 309-073-0195 are to build upon and improve the statewide coordinated crisis system and to: (a) Remove barriers to accessing quality behavioral health crisis services. (b) Improve equity in behavioral health tr…

309-073-0010 Definitions (1) "Abuse of an Adult" means the circumstances defined in ORS 430.735, OAR Chapter 943, Division 45 and OAR Chapter 407, Division 45 for abuse of an adult with mental illness or who is receiving residential substance use disorder treatment or withdrawal …

309-073-0020 Standards for Crisis Stabilization Centers (1) Crisis Stabilization Services must be offered to any individual experiencing a behavioral health crisis. Crisis Stabilization Services must be available to the community, 24 hours a day, seven days per week, every day of…

309-073-0025 Certification for Crisis Stabilization Centers (1) The Division shall certify a program that meets the definition of a Crisis Stabilization Center and demonstrates compliance with these and all applicable laws and rules. No person or governmental unit acting individu…

309-073-0030 Building Requirements for Crisis Stabilization Centers (1) Crisis Stabilization Centers must: (a) Comply with all applicable state and local building, electrical, plumbing, fire, safety, and zoning codes; (b) Maintain up-to-date documentation verifying that they meet…

309-073-0035 Provider Policies (1) In addition to developing and implementing the policies required in OAR 309-019-0110(1), all Crisis Stabilization Centers must develop and implement the following written policies and procedures: (a) Intake screening, service, and clinical asses…

309-073-0040 Individual Rights (1) The Crisis Stabilization Center operates in a manner that provides every individual receiving services in a Crisis Stabilization Center has the individual rights established in OAR 309-019-0115. (2) The provider must give to the individual and, …

309-073-0045 Staffing (1) A Crisis Stabilization Center must be staffed 24 hours per day, seven days per week, every day of the year by a multidisciplinary team capable of meeting the needs of individuals in the community experiencing all levels of behavioral health crisis, that …

309-073-0050 Facility Records (1) The Crisis Stabilization Center must maintain a personnel record for each employee which must include at a minimum the following: (a) Documentation of pre-employment screening including, but not limited to, application, interview, and reference c…