Or. Admin. R. 309-019-0241

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-019-0241 - Waiver of Minimum Fidelity Requirements

(1) The Division may at its discretion, grant a waiver of minimum ACT fidelity requirements and extend an ACT program's certification period if the waiver to the requirement does not diminish the effectiveness of the ACT model, violate the purposes of the program, or adversely affect the program participants' health and welfare:

(a) Waivers may not be granted that are inconsistent with the individual participant's rights or federal, state, or local laws and regulations;

(b) The Division shall review waivers to minimum fidelity requirements on a case-by-case basis.

(2) Waivers granted to ACT minimum fidelity requirements shall result in an extension to the ACT program's certification period. An ACT program that has an approved waiver by The Division, is eligible to receive Medicaid and State General Fund reimbursement for ACT services if the ACT program meets the following criteria:

(a) The ACT program shall receive technical assistance from the Division approved reviewer and develop a plan to meet the minimum fidelity requirements at the end of the Waiver period. As a result of the approved Waiver, the 90-day follow-up re-review is suspended per OAR 309-019-0240;

(b) The ACT program shall notify the appropriate CCO that the program is operating under the Division approved waiver of minimum fidelity requirements per their contractual agreements.

(3) The Division shall grant waivers of minimum fidelity requirements for a period that may not exceed 180 days.

(a) At the end of the 180-day waiver period, the Division Approved Reviewer shall conduct a fidelity re-review of all areas that on initial fidelity report scored less than a two and any areas that are out of compliance with OAR's 309-019-0225 through 0255.

(b) If the program achieves a minimum score of 114 on the fidelity re-review and meets the requirements of all applicable statutes, administrative rules or other regulations, the Division shall recertify the program for one year per original annual certification date.

(4) A waiver of minimum fidelity requirements may only be granted to ACT programs that have received a fidelity review within 12 months prior to the request.

(5) Requests for a waiver of minimum fidelity requirements shall be submitted to the Division for approval.

(6) If a program does not meet fidelity after a Waiver period the Division may immediately suspend or revoke certification.

Or. Admin. R. 309-019-0241

MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17; MHS 6-2017, f. & cert. ef. 6/23/2017; 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 44-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 413.042, 430.256 & 430.640

Statutes/Other Implemented: ORS 430.010, 430.205- 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168