Or. Admin. Code § 309-060-0105

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

Section 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 treatment, or naturopathic treatment to them. This includes dispensing a single dose of medication or multiple doses in a cassette or med minder.

(3) "Adult Foster Home (AFH)" means any home licensed by the Division of the Authority in which residential care is provided to five or fewer individuals who are not related to the provider by blood or marriage as described in ORS 443.705 through 443.825.

(4) "Applicant" means any current provider and any person or entity seeking a Letter of Registration for a CBSH who completes an application for registration.

(5) "Application for Registration" means an application form designed and distributed by the Division for the purpose of registering a CBSH.

(6) "Approved" means authorized or allowed by the Division.

(7) "Authority" means the Oregon Health Authority.

(8) "Care" means the performance of:

(a) Residential Care as defined in ORS 443.400 with exception to the provision of room and board;

(b) Training as defined in ORS 443.400; and

(c) Treatment as defined in ORS 443.400.

(9) "Community-based structured housing" means congregate housing where services and supports are provided by the owner or operator of the facility or staff of the facility to assist residents who have mental, emotional, behavioral or substance use disorders.

(10) "Community Mental Health Program (CMHP)" means the organization of all or a portion of services for individuals with mental health disorders, operated by or contractually affiliated with a local mental health authority. CMHP's operate in a specific geographic area of the state under an intergovernmental agreement or direct contract with the Division.

(11) "Compensation" means payments or services provided by or on behalf of a person in exchange for other services provided by another person.

(12) "Compliance" means adherence to applicable administrative rules, statutes, contractual requirements, while not meeting one or more of the requirements, does not, in the determination of the Division:

(a) Constitute a danger to the health or safety of any resident;

(b) Constitute a willful, negligent, or ongoing violation of the rights of residents as set forth in administrative rules; or

(c) Prevent the accomplishment of the Division's purposes in approving or supporting the subject service.

(13) "Congregate Housing" means housing in which each resident has a private or shared bedroom or living quarters and shares with other residents a dining room, recreational room, and other common areas.

(14) "Coordinated Care Organization (CCO)" means a corporation, governmental agency, public corporation, or other legal entity that is certified as meeting the criteria adopted by the Authority under ORS 414.625 to be accountable for care management and to provide integrated and coordinated health care for each of the CCO's members.

(15) "Director" means the Director of the Oregon Health Authority or that person's designee.

(16) "Disability" means a physical or mental impairment that for the resident constitutes or results in a functional limitation to one or more major life activities.

(17) "Division" means the Health Systems Division of the Oregon Health Authority or its designee.

(18) "Facility Manager" means a person employed by the provider who is responsible for the daily operation and management of the CBSH facility. The facility manager may or may not reside at the CBSH facility.

(19) "Failure to Comply" means a determined lack of compliance with applicable administrative rules, statutes, contractual requirements, and other applicable regulations.

(20) "Fee" means a nonrefundable payment of money.

(21) "Letter of Registration" means the document or documents issued by the Division to a provider after successfully completing the application process, which identifies and declares registration of a CBSH pursuant to these rules.

(22) "Living Accommodations" means residential facilities that include a place to sleep and common living areas.

(23) "Management of Medication" means the activity on the part of a provider to physically control or otherwise limit a resident's access to personal medications.

(24) "Meals" means the provision of food by the CBSH for the consumption of residents one or more times per day.

(25) "Medication" means any drug, chemical, compound, suspension, or preparation in suitable form for use as a curative or remedial substance either internally or externally by any person.

(26) "Medication Support" means the provision on the part of the provider of reminders to self-administer medications, assistance with navigating pharmacies, and assistance navigating insurance related to medications.

(27) "Mental or Emotional Disorder" means a primary DSM diagnosis, other than an intellectual disability or a substance use disorder that limits a resident's ability to perform activities of daily living.

(28) "Oregon Health Authority (Authority)" means the agency established in ORS Chapter 413 that administers the funds for Titles XIX and XXI of the Social Security Act. It is the single state agency for the administration of the medical assistance program under ORS chapter 414. For purposes of these rules, the agencies under the authority of the Oregon Health Authority are the Public Health Division and the Health Systems Division.

(29) "Owner" includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

(a) All or part of the legal title to property; or

(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises.

(30) "Program Staff" means an employee or contracted individual with a CBSH who provides services and supports to a resident.

(31) "Provider" means a person, partnership, corporation, or other organizational entity who owns or operates a CBSH facility.

(32) "Privately Arranged Housing" means the voluntary sharing of living accommodations and common expenses between two or more individuals in a residence or apartment that does not offer such accommodations to the general public.

(33) "Rent" means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. Rent does not include security deposits, fees, or utility or service charges as described in ORS 90.315 and 90.532.

(34) "Rental Agreement" means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 and 90.510 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. Rental agreement includes a lease. A rental agreement shall be either a week-to-week tenancy, month-to-month tenancy, or fixed-term tenancy.

(35) "Resident" means an adult with a mental, emotional, behavioral, or substance use disorder resulting in a disability as defined in ORS 443.480 who:

(a) Is living in a CBSH registered with the Division and operated by a provider unrelated to the person by blood or marriage;

(b) Has a legally enforceable rental agreement with the provider of CBSH;

(c) Receives living accommodations and non-care related tasks in a CBSH; or

(d) Is seeking or applying to live in a CBSH.

(36) "Residential Care" means services such as supervision; protection; assistance while bathing, dressing, grooming, or eating; management of money; transportation; recreation; and the provision of room and board.

(37) "Rights" means civil, legal, or human rights guaranteed by federal and state law and afforded to all persons.

(38) "Self-administration of Medication" means the act of a resident placing a medication in or on the resident's own body.

(39) "Services and supports" means living accommodations and services, other than treatment, such as housekeeping, laundry, medication support, transportation, or recreational opportunities.

(40) "Treatment" means a planned, individualized program of medical, psychological, or rehabilitative procedures, experiences, and activities designed to relieve or minimize mental, emotional, physical, or other symptoms or social, educational, or vocational disabilities resulting from or related to the mental or emotional disturbance, physical disability, or alcohol or drug problem.

Or. Admin. Code § 309-060-0105

BHS 9-2018, adopt filed 04/16/2018, effective 4/16/2018; BHS 43-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485

Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991