Or. Admin. R. 309-019-0290

Current through Register Vol. 63, No. 9, September 1, 2024

Section 309-019-0290 - Failure to Meet Fidelity Standards

(1) If an IPS program does not achieve minimum score of 100 on a fidelity review, the following shall occur:

(a) Once meeting is held per OAR 309-019-0285(5), Technical assistance (TA) shall be made available by the Division Approved Reviewer for a period of 90 days to address areas identified in the fidelity review that require attention and/or improvement.

(A) From this meeting a Technical Assistance Plan will be created by the Division Approved Reviewer for the IPS program to follow;

(B) The Technical Assistance Plan will consist of recommendations and goals the program can follow to help them achieve the benchmark for fidelity per OAR 309-019-0285(1).

(b) At the end of the 90-day period, a follow-up re-review shall be conducted by the Division Approved Reviewer of all areas identified in the Technical Assistance Plan; and

(c) The Division approved reviewer shall forward a copy of the fidelity re-review report to the Division and program within 30 calendar days of the re-review.

(d) The program shall forward a copy of the amended fidelity review report to the appropriate CCO within seven calendar days of issuance unless otherwise specified in CCO/Program contract.

(e) Within 14 business days after issuance of re-review, the Division, The Division Approved Review, the program and CCO if CCO requests, will have a meeting to discuss findings in the comprehensive re-review report.

(2) If the Division determines an IPS Program is not operating in substantial compliance with all applicable statutes and administrative rules, the Division may require the IPS Program submit a Plan of Correction (POC). The Division shall provide written notice of the requirement to submit a POC and the IPS Program shall submit a Plant of Correction according to the following requirements:

(a) The IPS Program shall submit a Plan of Correction to the Division within 30 calendar days of receiving a notice of requirement to submit a Plan of Correction. The Division may not approve a PLant of Correction that would exceed 90-days. The Division will ensure the extension to the existing certification is completed upon approval of Plant of Correction to allow the program to complete the Plan of Correction process and ensure billing can continue; and

(b) The Plan of Correction shall address each finding of non-compliance and shall include:

(A) The planned action already taken, or to be taken, to correct each finding of non-compliance;

(B) The anticipated or requested timeframe for the completion of each corrective action not yet complete at the time of Plan of Correction submission to the Division;

(C) A description of and plan for quality assurance activities intended to ensure ongoing compliance; and

(D) The name and title of the individual responsible for ensuring the implementation of each corrective action within the Plan of Correction.

(E) Include the appropriate CCO in submission.

(c) If the Division finds that clarification or supplementation to the Plan of Correction is required prior to approval, the Division shall contact the IPS Program to provide notice of requested clarification or supplementation, and the IPS Program shall submit an amended Plan of Correction within 14 calendar days of receiving notification;

(d) The IPS Program shall submit an adequate Plan of Correction approved by the Division prior to receiving a certificate. Upon the Division's approval of the Plan of Correction, the Division shall renew the IPS certification.

(e) The Division may deny, revoke, suspend, not renew, or place conditions on the program's certification if the program fails to submit an adequate Plan of Correction within the timeframes established in this rule.

(3) When the Division determines the need to deny, revoke, not renew, or place conditions on the program's certificate issued under these rules, a notice of intent to take action on the certificate shall be issued to the program.

(4) Immediate suspension may occur if the Division finds there is a serious danger to the public health and safety during a specified period of time and/or there is a substantial failure to comply with applicable statutes, administrative rules, or other applicable regulations.

(a) The program may request a contested case hearing to contest the immediate suspension order in accordance with ORS Chapter 183.

(b) Requests for a hearing must be received by the Division within 90 days from the date the immediate suspension order was served on the program personally, or by certified or registered mail.

(5) When the Division issues an Order of Suspension, a notice of intent to revoke, notice of intent to deny an application or notice of refusal to renew the certificate to a program pursuant to these rules, the Division shall offer the program an opportunity for an informal conference. The program shall make its request for an informal conference in writing within 14 calendar days of the issuance of the notice of intent or Order of Suspension.

(a) Upon receipt of a timely written request, the Division shall select a location and time for such conference. Following the conference, the Division may:

(A) withdraw or amend the notice of intent or suspension order; or

(B) not withdraw the notice of intent or suspension order.

(6) A provider who is issued a notice of intent to apply a condition, revoke, suspend, or refusal to renew its certificate may request a hearing in accordance with ORS Chapter 183 and OAR 309-008-1300.

(7) When the Division evaluates the Plan of Correction and determines there is a satisfactory of compliance and improvement by the program to uphold the IPS Model; the Division shall recertify the program from the date of their original annual fidelity review.

Or. Admin. R. 309-019-0290

MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17; 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; BHS 3-2024, amend filed 01/27/2024, effective 2/1/2024

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 430.630