Or. Admin. Code § 309-018-0135

Current through Register Vol. 63, No. 10, October 1, 2024

Section 309-018-0135 - [Effective until 10/27/2024] Entry

(1) The program shall utilize an entry procedure that at a minimum shall ensure the provision and documentation of the following:

(a) Individuals shall be considered for entry without regard to race, ethnicity, gender, gender identity, gender presentation, sexual orientation, religion, creed, national origin, age, except when program eligibility is restricted to children, adults or older adults, familial status, marital status, source of income, and disability;

(b) Individuals shall receive services in the most timely manner feasible consistent with the presenting circumstances; and

(c) The provider may not deny entry to individuals based on the individual's decision to continue their currently prescribed medication to treat opioid dependence while receiving residential substance use disorder services.

(2) Except as permitted by law in emergencies, informed consent for services must be obtained prior to services. Written, voluntary informed consent for services shall be obtained from the individual or guardian, if applicable, prior to the start of services. If such consent is not obtained, the reason and any further attempts to obtain informed consent shall be documented in the service record.

(3) Per CRF 440.230, the provider shall develop and maintain service records and other documentation that demonstrates amount, duration and scope of each specific services and supports provided for each individual.

(4) The provider shall submit the identified status and service data, including Non-Medicaid Service Data where required, in the mandated state data system according to the timelines required by the Division for each individual whose services are paid for in-full or in-part by public funds and for individuals enrolled in DUII services.

(5) In accordance with ORS 179.505, HIPAA and 42 CFR Part 2, an authorization for the release of information shall be obtained and contained in the service record for the release of any confidential information concerning the individual being considered for or receiving services.

(6) Prior to or at the start of treatment services, but no later than 3 days from initial service contact, the program shall offer to the individual and guardian, if applicable, written program information. The written program information shall be in a language understood by the individual and shall include:

(a) Program consent, disclosure, and orientation information.

(b) A description of individual rights consistent with these rules;

(c) Information on how to file grievances and appeals consistent with these rules, including an example grievance form;

(d) Notice of privacy practices; and

(e) Information on how to register to vote, per the National Voter Registration Act of 1993, Section 7. Provider agency will supply means to register to vote upon request.

(7) Entry requirements for providers that receive the Substance Use, Prevention, Treatment and Recovery (SUPTR) Block Grant:

(a) Providers shall maintain waitlist documentation demonstrating that individuals are prioritized for entry in the following order:

(A) Individuals who are pregnant and using substances intravenously;

(B) Individuals who are pregnant;

(C) Individuals who are using substances intravenously; and

(D) Individuals or families with dependent children.

(b) Entry of pregnant individuals shall occur no later than 48 hours from the date of first contact and entry of individuals using substances intravenously shall occur no later than 14 days after the date of first contact. If services are not available within the required timeframes, the provider shall document the reason and provide interim referral and informational services, as defined in these rules, within 48 hours; and

(c) Individuals using substances intravenously shall receive interim resource recommendations and information prior to entry to reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of transmission of disease. At a minimum, interim resource recommendations and informational services shall include:

(A) An opportunity for the individual to engage in interactive social services through care coordination, peer services or other interactive supports.

(B) Educational material about blood borne pathogens including Hepatitis, HIV, STDs, and Tuberculosis (TB); the risks of needle and paraphernalia sharing; and the likelihood of transmission to sexual partners and infants;

(C) Educational information about steps that can decrease the likelihood of Hepatitis, HIV, STD, and TB transmission;

(D) Resource recommendations for addressing Hepatitis, HIV, STD, and TB testing, vaccine, or care services if necessary; and

(E) For pregnant individuals, interactive social services and educational information addressing the likelihood of blood borne pathogen transmission as well as the effects of alcohol, tobacco, and other drug use on the fetus and referral for prenatal care.

Or. Admin. Code § 309-018-0135

MHS 10-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14; MHS 3-2014, f. & cert. ef. 2-3-14; MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18; MHS 4-2018, amend filed 02/27/2018, effective 3/1/2018; BHS 10-2023, amend filed 04/07/2023, effective 4/7/2023; BHS 8-2024, temporary amend filed 04/30/2024, effective 5/1/2024 through 10/27/2024; BHS 10-2024, temporary amend filed 05/21/2024, effective 5/21/2024 through 10/27/2024

Statutory/Other Authority: ORS 413.042, 428.205 - 428.270, 430.640 & 443.450

Statutes/Other Implemented: ORS 109.675, 161.390 - 161.400, 179.505, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955, 443.400 - 443.460, 443.991, 461.549 & 743A.168