Or. Admin. Code § 309-060-0120

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

Section 309-060-0120 - Terms of Registration

(1) Each applicant agrees as a term of registration:

(a) The capacity of the CBSH facility must not exceed the maximum occupancy allowed under applicable building and fire codes;

(b) The provider and other employees of a CBSH must not abuse any resident and must exercise reasonable precautions against any other conditions that threaten the health, safety, or welfare of residents;

(c) To permit the Division immediate entry to inspect the facility where the provider intends to operate or currently operates a CBSH to verify information contained in the application, investigate a complaint of abuse, or to ensure compliance with all applicable rules, statutes, ordinances, or regulations:

(A) If an investigation finds a violation of these rules, the Division shall notify the provider in writing. The notice of violation shall include:

(i) A description of each violation; and

(ii) A specific time frame for correction, not to exceed 30 days after receipt of the notice.

(B) The Division may conduct an inspection of the facility after the date the Division receives the notice of correction or after the date by which violations shall be corrected as specified in the notice of violation.

(d) To permit the Division to inspect, audit, assess, and collect data or copies from all records maintained by the provider;

(e) To permit access to state and local fire inspectors and state and local health officers for inspection of CBSH providers regarding fire safety;

(f) To permit any resident, resident's representative or guardian, or an employee of the CBSH to file a complaint with the provider, the resident's managed care plan, or the Division and to maintain a record of all complaints received and any action taken;

(g) A CBSH may not retaliate against any residents, resident's representative or guardian, or employee(s) who file a complaint or any witness or employee of a facility interviewed about a complaint, including but not limited to retaliation by restriction of a resident's otherwise lawful access to the facility and, with respect to an employee, retaliation by dismissal or harassment; and

(h) To post the Letter of Registration in a common area of each approved CBSH and be available for inspection at all times.

(2) Letters of Registration pursuant to these rules do not create an express or implied contract in the absence of a fully executed rental agreement.

(3) Letters of Registration are not transferable to any other person, provider, or CBSH.

(4) The Division may not discriminate in its review procedures or services on the basis of race, color, national origin, sex, sexual orientation, age, or disability.

(5) The provider must consider an individual for admission without regard to race, color, sex or sexual orientation, except as may be limited by room arrangement, religion, creed, national origin, age, except under 18 years, familial status, marital status, source of income, or disability in addition to the mental health disorder.

(6) A Letter of Registration is void immediately:

(a) Upon voluntary closure of a CBSH;

(b) When the CBSH changes majority or controlling ownership; or

(c) Upon a provider's failure to timely submit an application for registration renewal pursuant to these rules.

(7) Residents shall be allowed to exercise all civil and human rights afforded including, but not limited to: voting, privacy, and sending and receiving unopened mail.

(8) Providers and other employees of a CBSH must make reasonable efforts to refer residents in need of care to appropriate social service agencies to include the appropriate Community Mental Health Program (CMHP) and the Coordinated Care Organization (CCO) if they are enrolled, and to medical facilities as appropriate.

(9) When the provider is also certified by the Division to provide outpatient behavioral health treatment services under OAR chapter 309, division 008, the provider may provide behavioral health treatment within the scope of the certification to residents residing in the CBSH:

(a) These services shall be organizationally distinct and provided by qualified clinicians not employed by or stationed at the CBSH facility; and

(b) Prior to the provision of behavioral health treatment to residents, the provider shall obtain documentation that the resident was informed of their option to receive behavioral health treatment services from a provider organizationally distinct from the provider of CBSH.

(10) Providers of CBSH are prohibited from exceeding the level of care allowable by these rules and functionally operating a Residential Treatment Home, Residential Treatment Facility, or an Adult Foster Home as defined under ORS 443.400 and ORS 443.705 and OAR Chapter 309, Division 35 or OAR Chapter 309, Division 40.

Or. Admin. Code § 309-060-0120

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