Or. Admin. Code § 309-019-0250

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

Section 309-019-0250 - ACT Transition to Less Intensive Services and Discharge

(1) Transition to less intensive services shall occur if the individual has confirmed they no longer require ACT level of care and requests a voluntarily discharge.

(2) The ACT Program may transition and graduate an individual when the participant has:

(a) Successfully reached individually established goals for full transition;

(b) Successfully demonstrated an ability to function in all major role areas including but not limited to work, social, and self-care without ongoing assistance from the ACT Program;

(c) Requests discharge or declines or refuses services;

(d) Moves outside of the geographic area of the ACT program's responsibility. In such cases, the ACT team shall arrange for transfer of mental health service responsibility to an ACT provider or another provider wherever the individual is moving. The ACT team shall maintain contact with the individual until this service is implemented.

(3) The Individual is incarcerated or institutionalized for more than three months with a date of discharge and/or release longer than six months out.

(4) The ACT Program may discharge a Participant for behavior that is abusive to the point that the continued enrollment seriously impairs the provider's ability to furnish services to the participant:

(a) The Participant commits physical violence directed at ACT staff;

(b) If an ACT Program discharges a participant for abusive violent behavior, they must provide a copy of the discharge notice per 309-019-0250(4) to The Division and appropriate CCO.

(5) If there have been unsuccessful documented attempted contacts by the ACT program that last up to 90 days that indicates whereabouts unknown the Participant may be discharged;

(a) These attempts must be documented and ACT Programs in good faith, have attempted all forms of communication that includes but not limited to:

(A) In-person,

(B) mail,

(C) phone calls and

(D) outreach to Natural Supports and/or Informal Support System.

(b) If an individual is discharged for whereabouts unknown and they make contact after the discharge date, the program has discretion on readmittance or re-referral.

(6) Documentation of discharge or transition to lower levels of care even for graduation purposes shall follow OAR 410-120-1865 and include the following:

(a) The reasons for discharge or graduation citing administrative rule

(b) The individual's biopsychosocial status at discharge or transition.

(c) A plan for follow-up treatment developed in conjunction with the individual.

(d) The ACT program, in good faith, must provide a copy of discharge or transition to lower level of care to the participant:

(A) Mailed or electronic copy as long as HIPAA approved/permission given to communicate electronically.

(B) Mailed or faxed to facility of known incarceration/institutionalization.

Or. Admin. Code § 309-019-0250

MHS 11-2016(Temp), f. 6-29-16, cert. ef. 7-1-16 thru 12-27-16; MHS 18-2016, f. 11-28-16, cert. ef. 11/30/2016; MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17; 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 161.390, 413.042, 430.256 & 430.640

Statutes/Other Implemented: ORS 161.390 - 161.400, 428.205 - 428.270, 430.010, 430.205- 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168