Or. Admin. Code § 309-072-0130

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

Section 309-072-0130 - General Requirements

(1) Each provider must meet the requirements contained within the following Oregon Administrative Rules (OAR) as applies to the type of service delivered:

(a) OAR Chapter 309, Division 008 (309-008-0100 - 309-008-1600) Certification of Behavioral Health Treatment Services.

(b) OAR Chapter 309, Division 019 Outpatient Behavioral Health Services:

(A) OAR 309-019-0105 Definitions;

(B) OAR 309-019-0110 Provider Policies;

(C) OAR 309-019-0115 Individual Rights;

(D) OAR 309-019-0125 Specific Staff Qualifications and Competencies;

(E) OAR 309-019-0130 Personnel Documentation, Training, and Supervision;

(F) OAR 309-019-0135 Entry and Assessment;

(G) OAR 309-019-0140 Service Plans and Service Notes;

(H) When the provider offers stabilization services in a facility, building, or other physical space that is designated for that purpose, the provider must comply with OAR 309-019-0205 Building Requirements in Behavioral Health Programs;

(I) OAR 309-019-0210 Quality Assessment and Performance Improvement;

(J) OAR 309-019-0215 Grievances and Appeals; and

(K) OAR 309-033-0230 (2)(b) Custody of Persons Alleged to Be Mentally Ill Prior to Filing a Notification of Mental Illness.

(2) Non-Community Mental Health Program providers must initiate the memorandum of understanding (MOU) process with the Community Mental Health Program(s) (CMHP) in their service area(s) prior to submitting an application.

(3) The MOU must be written on the Health Systems Division (HSD) form and must:

(a) Contain the exact service area(s), populations served, Health Insurance Portability and Accountability Act (HIPAA), and 42 Code of Federal Regulations (CFR) Part 2 confidentiality clauses, and manner of coordinating response; and

(b) Be fully executed no later than 30 days following the HSD approval of the non-CMHP's application to deliver Mobile Crisis Intervention Services (MCIS).

(4) If a CMHP has one of the Nine Federally Recognized Tribes of Oregon in their service area, CMHPs must collaborate with the tribe(s) to provide MCIS and stabilization services through a MOU if the tribe wishes to enter into such agreement.

(5) Tribal MOU must be written on the HSD form and must:

(a) Contain mutually agreed upon collaboration and delivery of services between the tribe(s) and the CMHP;

(b) Contain the exact service area(s), populations served, HIPAA, and 42 CFR Part 2 confidentiality clauses, and manner of coordinating response;

(c) Be shared with HSD for review and approval.

(6) Providers billing Medicaid must meet the requirements contained within the following Oregon Administrative Rules (OAR) as applies to the type of service delivered:

(a) OAR Chapter 410, Division 120 Medical Assistance Programs;

(b) OAR Chapter 410, Division 172 Medicaid Payment for Behavioral Health Services.

Or. Admin. Code § 309-072-0130

BHS 26-2022, adopt filed 12/20/2022, effective 1/1/2023

Statutory/Other Authority: ORS 430.626-430.630, 413.042 & 743A.168

Statutes/Other Implemented: ORS 430.626-430.630, 743A.168 & 743A.160