Or. Admin. R. 944-001-0020

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

Section 944-001-0020 - Operational, Policy, and Service and Support Requirements of Behavioral Health Resource Networks

(1) Each Behavioral Health Resource Network (BHRN) or applicant to receive funding as a BHRN must fulfill all requirements of SB 755, Section 2(2)(d) and basic operational requirements outlined in these rules to be eligible to receive Drug Treatment and Recovery Services Funds from the Oversight and Accountability Council (OAC) and the State.

(2) Operational and policy requirements must include:

(a) BHRNs must maintain, implement, and formalize organizational policies and procedures that detail the following standards of service. Policies must include how BHRNs will offer services, including but not limited to:

(A) Culturally and Linguistically Specific Services;

(B) Culturally and Linguistically Responsive Services;

(C) Accessibility for People with Intellectual and Developmental Disabilities;

(D) Accessibility for People with Physical Disabilities;

(E) Gender Affirming and Responsive Care;

(F) LGBTQIA2S+ Affirming and Inclusive Services;

(G) Youth Friendly and Inclusive Services;

(H) Patient Centered and Non-Stigmatizing Services, including on use of person-first, non-stigmatizing language;

(I) Trauma informed engagement and care;

(J) Services for parents or non-traditional parents with minor children;

(K) Pregnant persons (where applicable);

(L) Process and procedures for data collection in compliance with OAR 944-001-0040.

(b) These policies must be established by the BHRNs after funding is received and within the first reporting cycle after receiving funding. BHRNS may seek technical assistance and a template from OAC or Oregon Health Authority (OHA) to build these policies. BHRNs must provide these policies and procedures to the OAC and OHA within 90-days of the final agreement;

(c) An individual who is authorized to perform peer delivered supports, mentoring, and recovery services or a certified alcohol and drug counselor who is available in-person, by phone, or electronically 24 hours a day, seven days a week for anyone contacting the BHRN;

(d) Posting regular office hours, access information for the 24-hour telephonic line, and electronic access to the BHRN's website, and each component organization's website. Each BHRN entity does not need to maintain a website as long as the information is available on the OAC website;

(e) Culturally and linguistically specific services must be provided throughout all the service array continuum;

(f) BHRN providers who are not culturally and linguistically specific must provide and coordinate culturally and linguistically responsive services; and

(g) BHRNs, including all component entities, must maintain and implement policies and procedures that support individual rights as outlined in this rule.

(3) Behavioral Health Resource Networks: A comprehensive BHRN must include at minimum the required services below to be funded by the OAC. These services may be provided by one or more entities who refer between and collaborate with each other. To be a BHRN, a BHRN must provide, and maintain sufficient capacity to provide, the following services and supports to individuals who use substances that cause harm or have a substance use disorder in the BHRN's county or region:

(a) Screening must be conducted by PSS, CRM, PWS or other addiction professional. Screening service must be available 24 hours a day, seven days a week, every calendar day of the year. Screening must be made available to each individual immediately upon first contact. At least one organization within each BHRN within each county or region must meet this requirement:

(A) Referral to all requested and appropriate services must be made at the time the screening is completed;

(B) Supportive services must be offered to individuals waiting for services that are not readily available;

(C) Services must be offered face-to-face or through telehealth. The modality must be based on the needs and preference of the individual as well as any safety concerns identified by the individual or the BHRN.

(b) Comprehensive behavioral health needs assessment, including a substance use disorder assessment by a certified alcohol and drug counselor or other credentialed addiction treatment professional:

(A) A comprehensive behavioral health needs assessment must be provided within 24 hours of an individual's request for an assessment through a BHRN or statewide telephone line;

(B) For substance use disorder services, each assessment must be consistent with the dimensions described in the ASAM and must document a diagnosis and level of care determination consistent with the DSM and ASAM;

(C) When co-occurring substance use, gambling disorder, mental health disorders, or any risk to health and safety are determined, BHRN must document the finding and provide appropriate referral for further assessment, planning, and intervention by an appropriate professional.

(c) Peer-delivered outreach, supports, mentoring, and recovery services;

(d) Harm reduction services, information, and education. Individuals may be offered a referral for Hepatitis, HIV, STI, COVID-19, and Tuberculosis (TB) testing, vaccine, or care services if necessary;

(e) Low-barrier substance use disorder treatment and addiction recovery services:

(A) Individuals using substances by injection must be offered interim referrals or information to immediately reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of overdose and the transmission of disease;

(B) Minimum interim referral and information services must include:

(i) Counseling and education about blood borne pathogens including Hepatitis, HIV, STIs, and TB; the risks of needle and paraphernalia sharing; and the likelihood of transmission to sexual partners and infants;

(ii) Counseling and education about steps that can decrease the likelihood of Hepatitis, HIV, STI, and TB transmission;

(iii) Offering to pregnant individuals counseling on blood borne pathogen transmission, as well as the effects of alcohol, tobacco, and other drugs use on the fetus. Referral to prenatal care must be offered; and

(iv) Peer delivered supports, mentoring, and recovery services that address parenting and youth in transition support, as indicated.

(f) Flexible and low barrier housing for individuals who use substances that cause harm or have a substance use disorder:

(A) BHRNs must provide housing options that serve populations at all points on the substance use continuum. BHRNs must provide gender affirming housing options including responsive housing and shelter options for those who are transgender, gender-nonconforming, and intersex. Family housing options must be made available;

(B) BHRNs must offer all of the following types of rental assistance:

(i) Project-based vouchers;

(ii) Tenant-based vouchers;

(iii) Rapid-rehousing and eviction prevention;

(iv) Assistance for fair market rate and privately held housing;

(v) Assistance attached to a development; and

(vi) Assistance attached to wrap around services or assistance paid directly to individuals.

(C) BHRNS or applicants may also propose in their funding applications to offer other, innovative types of rental assistance in addition to these following:

(i) Single family and multifamily housing development;

(ii) Barrier busting assistance, including deposit funds, repairs, and landlord incentives; and

(iii) Mobile units, camping equipment, and campsites.

(D) Planning must assess supports that individual's need to maintain housing, health, and recovery. This includes planning and remediation steps for those experiencing relapse in abstinence-only living environments.

(g) For BHRNs funded after January 1, 2024, expungement services or referrals to expungement services to facilitate housing, employment, and receipt of other recovery services;

(h) Assessment of the need for, and provision of, mobile or virtual outreach services as required in ORS 430.389(2)(d)(E)); and

(i) Supported employment.

(4) BHRNs must maintain adequate staffing to provide the required services and supports to individuals in the BHRN's county or region. A minimum staffing requirement for each BHRN must be at least one qualified service provider within each of the following categories:

(a) Certified alcohol and drug counselor or other credentialed addiction treatment professional;

(b) Case manager;

(c) Certified addiction Peer Support or Peer Wellness Specialist or certified recovery mentors; and

(d) Addiction Peer Support and Addiction Peer Wellness Specialist Supervision or Peer Delivered Services Supervisor.

(5) Each BHRN must promptly provide an individual with verification once they have completed a screening. BHRN must use the approved release of information determined by Oversight and Accountability Council and must send verification if authorized in a class E violation case in the manner prescribed by the Chief Justice of the Supreme Court. BHRNs must give individuals an opportunity to sign a release of information that must:

(a) Authorize the BHRN to send the verification form to the Oregon Health Authority (OHA) or its contractor; and

(b) Authorize OHA or its contractor to forward the verification form to the court in their case, in a manner prescribed by the Chief Justice of the Supreme Court.

(6) BHRNs must operate in a manner that honors tribal sovereignty and self-determination.

(7) In performing duties under section (3) of this rule, BHRNs must maintain partnerships and clear referral pathways to appropriate services, such as:

(a) Employment, training and education;

(b) Family counseling, parenting support and childcare;

(c) Youth services;

(d) State and federal public benefits including but not limited to the Oregon Health Plan, supplemental Nutrition Assistance Program (SNAP), and Temporary Aid for Needy Families (TANF), application and attainment counseling for Social Security Insurance (SSI) and Social Security disability Insurance (SSDI);

(e) Assistance to address food insecurity;

(f) Coordination with other local, county, and state agencies as appropriate, such as social services, child welfare, or corrections;

(g) Referral and coordination with agencies providing services to those who have experienced physical abuse, sexual abuse, or other types of domestic violence;

(h) Primary care services, including primary pediatric care and immunizations for children of those seeking care; and

(i) Expungement services.

Or. Admin. R. 944-001-0020

OAAC 1-2021, temporary adopt filed 08/30/2021, effective 9/1/2021through 2/27/2022; OAAC 1-2022, adopt filed 02/24/2022, effective 2/26/2022; OAAC 2-2022, temporary amend filed 06/29/2022, effective 6/29/2022 through 12/25/2022; OAAC 3-2022, amend filed 12/07/2022, effective 12/7/2022

Statutory/Other Authority: Ballot Measure 110 (2020), SB 755 (2021), ORS 430.389, ORS 430.390 & ORS 430.391

Statutes/Other Implemented: Ballot Measure 110 (2020), SB 755 (2021), ORS 430.383 & ORS 430.392