OAR 309-011 governs the Oregon Consumer Advisory Council (OCAC) and the Mental Health Advisory Board — both advisory bodies that provide recommendations to the Oregon Health Authority on behavioral health policy — and establishes payment standards for licensed residential programs serving adults with mental health disorders. Facility operators of Division-funded adult mental health residential programs must comply with the occupancy, budget, and rate-setting standards described in OAR 309-011-0105 through 309-011-0115. The advisory council and board sections impose no direct operational requirements on facilities but set governance rules for consumer and professional advisory bodies.
View official sourceOregon Health Authority Health Systems Division: Behavioral Health Services - Chapter 309 Division 11 ADMINISTRATIVE PRACTICES 309-011-0024 Purpose and Scope The purpose of these rules is to implement ORS 430.073, related to the Oregon Health Authority’s Oregon Consumer Advisory Council ( OCAC ). The scope of these rules is limited strictly to the O CAC, and will clarify O CAC’s purpose, scope, membership, roles, and responsibilities, and those of the Oregon Health Authority. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0026 Definitions (1) “Administrative Support” means the tasks provided by the Oregon Health Authority, which are detailed in OAR 309-011-0230(b) below. (2) “Advise” means to recommend, suggest, or inform. (3) “OCAC” means the Consumer Advisory Council authorized by ORS 430.073 and comprised of consumers appointed by the Director. (4) “Consumer” means a person who is receiving, or has received services for a mental health condition, substance use disorder, or problem gambling disorder; or identifies as having lived experience with a mental health condition, substance use disorder, process addictions or problem gambling disorder; or is currently or formerly the parent or caregiver of a similarly qualifying youth (up to age 25). (5) “Director” means the Director of the Oregon Health Authority. (6) Director’s Designee means the OHA staff member with delegated authority from the Director as liaison to the OCAC. (7) “Majority Vote” means a decision agreed upon by the majority of appointed council members. (8) “Oregon Health Authority Representative” means the individual(s) identified by Oregon Health Authority to provide administrative support to the OCAC. (9) “Present” in relation to meetings means being physically present, or connected to the meeting process via conference call, tele-conference, audio, or video connection. (10) “Public Meeting” means those meetings open to the public and governed by ORS 192.610 through 192.690. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0028 CAC Roles (1) The role of OCAC is to provide the Oregon Health Authority feedback and recommendations from the independent, consumer and community voices of People with Lived and Living Experience, through recommendations on the provision of Behavioral Health services under the scope of the Oregon Health Authority. (2) OCAC shall work cooperatively with the Director’s Designee or other designated OHA representatives to provide feedback and recommendations on the provision of Behavioral Health services. (3) OCAC shall adhere to public meeting laws. (4) OCAC may develop a vision statement and goals, in alignment with ORS 430.073. (5) Once per year, OCAC shall, in consultation with the OHA Representative, develop and adopt a work plan for the ensuing twelve months. (6) OCAC may establish committees to investigate specific areas of interest related to Behavioral Health services. (7) OCAC shall not establish OHA policies, rules, internal directives, or procedures. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0031 CAC Responsibilities (1) OCAC shall have a full council meeting at least once every two months. (2) A meeting may continue without a quorum participating, but authorities granted to OCAC may not be exercised without a quorum. (3) Recommendations to Oregon Health Authority shall be provided in writing when OCAC has a recommendation accepted by a majority of the council. (4) Recommendations to the Oregon Health Authority shall be signed and dated by the chairs or vice-chairs. (5) OCAC in collaboration with the OHA Representative may determine the procedures related to conducting OCAC business. (6) OCAC shall provide guidance and mentorship to new members. (7) OCAC shall adhere to the Oregon Health Authority’s equity statement. (8) OCAC shall adhere to the Oregon Health Authority’s workplace policies and codes of conduct. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0032 Memberships: Selection and Terms (1) Members shall be appointed by the OHA Director or their designee after considering OCAC recommendations and shall be appointed for a three-year term following a written acceptance of the offer. (2) OCAC shall consist of between 15 and 25 consumers or People with Lived and Living Experience, and selection shall strive to represent: (a) Members with Lived and Living experience of representing the family voice. (b) Youth in transition (ages 16 to 25) (c) Adults ages 55 and older (d) A variety of cultures and ethnicities; (e) Diverse gender identity; (f) A balance of geographic areas within the state, and (g) Members with lived and living experience of a variety of behavioral health experiences. (3) Members may be reappointed for one additional three-year term. An OCAC member may submit an application for review, and OHA may appoint. (4) No person shall be excluded from serving as a member of OCAC due to affiliation with any organization or institution, or based on race, ethnic origin, religious affiliation, gender, age, disability, or sexual orientation. (5) Only the Director or their designee may remove a person from OCAC. (6) Members of OCAC are entitled to compensation and travel expenses as permitted under ORS 292.495 and 430.073(7). Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0034 Chair and Vice-Chair: Election and Duties (1) The OCAC shall elect, by a majority vote, one of its members as chair and one as vice-chair, to serve for a two year term each, with the possibility of re-election for one additional consecutive term. The role of chair or vice-chair may be shared by two members, acting as co-chairs or co vice-chairs. (2) The chair shall have the powers and duties necessary for the performance of the office. These duties shall include, but not be limited to the following: (a) Facilitation of OCAC meetings; (b) Ensuring that the content of OCAC meetings remains within the boundaries of its scope, purpose and authorities; (c) Identifying meeting agenda items, in collaboration with the OHA representative; (d) Calling special meetings (e) Signing documents from OCAC as may be required by these rules; (f) Making membership recommendations, in collaboration with OCAC, the OHA representative, and a 7 person committee of independent consumers and people with lived and living experience in behavioral health services., as defined in ORS 430.073; and (g) With approval from the OHA Representative, the Chair may represent OCAC by responding to requests for information or participation pertaining to OCAC. (3) The vice-chair or co-vice-chairs shall be responsible for the chair’s or co-chair’s duties in their absence. (4) Early termination or resignation of a chair or vice-chair’s position shall be filled by a majority vote, to serve a two-year term. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0036 OHA Responsibilities (1) OHA may provide the following to OCAC members: (2) OHA’s mission, vision, goals, roles and scope of business. (3) Lobbying restriction information; (4) Conflict of interest information; (5) Public meeting law information; (6) These administrative rules; and (7) Other administrative rules, OHA policies and procedures, internal management directives, and state and federal laws related to topics OCAC is considering as part of a recommendation to the Director’s Designee. Statutory/Other Authority: ORS 413.042 & 430.073 Statutes/Other Implemented: ORS 430.073 History: BHS 16-2024, amend filed 06/27/2024, effective 07/01/2024 MHS 25-2016, f. & cert. ef. 12-27-16 MHS 17-2012, f. & cert. ef. 12-28-12 309-011-0040 Purpose and Statutory Authority (1) Purpose. These rules describe the organization and responsibilities of the Mental Health Advisory Board. (2) Statutory Authority. These rules are authorized by ORS 413.042 and carry out the provisions of ORS 430.050. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.050 History: MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82 309-011-0045 Definitions As used in these rules: (1) “Administrator” means the Assistant Director of the Addictions and Mental Health Division, Oregon Health Authority. (2) “Consumer” means a person receiving or eligible to receive services under rules of the Division. (3) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (4) “Mental Health Advisory Board” means a board appointed by the Administrator and approved by the Governor to study the problems of persons with mental illness or developmental disabilities, assist in planning, and make recommendations to the Administrator for the development of policies and procedures with respect to the state mental health services, and developmental disabilities services programs. (5) “Disabled Person” means any person who: (a) Has a physical or mental impairment which substantially limits one or more major life activities; (b) Has a record of such an impairment; or (c) Is regarded as having such an impairment. Statutory/Other Authority: ORS 413.042 & 430.050 Statutes/Other Implemented: 430.050 History: MHD 4-1995, f. 5-31-95, cert. ef. 6-1-95 MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82 309-011-0050 Organization (1) The Mental Health Advisory Board shall be composed of at least 15 but not more than 20 lay and professionally trained individuals. (2) The Administrator, with the approval of the Governor, shall appoint the board members. (3) Board members shall provide a balanced representation of program areas and populations served, and shall reflect the diverse ethnic, age and disability characteristics of consumers of services provided in Division programs. (4) At least two members of the Board shall be disabled persons, one of whom is a consumer of mental health services and one of whom is a consumer of developmental disability services. Two additional members of the Board shall be consumers or family members of consumers. (5) Members of the board shall serve for terms of four years expiring on the last day of odd numbered years. (6) Members are entitled to compensation and expenses as provided in ORS 292.495. (7) The Administrator may remove any member of the board for misconduct, incapacity or neglect of duty. Any member who is absent from three consecutive meetings of the Board may be removed, at the Administrator’s discretion. (8) The Administrator may make provision for technical and clerical assistance to the Mental Health Advisory Board and for the expense of such assistance. (9) The board shall meet at least twice each year. Statutory/Other Authority: ORS 413.042 & 430.050 Statutes/Other Implemented: 430.050 History: MHD 4-1995, f. 5-31-95, cert. ef. 6-1-95 MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82 309-011-0055 Responsibilities (1) The board shall assist the Division in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health programs, in accordance with ORS 430.630. (2) The board shall study the problems of mental health services, and developmental disabilities services and make recommendations for the development of policies and procedures with respect to these programs. (3) The board shall review state laws and legislative concepts relative to state mental health services and developmental disabilities services programs. (4) The board shall review and consider funding of state mental health services, and developmental disabilities services programs and make recommendations. (5) The board shall advise the Administrator on the relationship of mental health and developmental disability programs to other state, local and private services and make recommendations for collaborative or joint program developments. (6) The board shall serve as a consulting body to the Administrator. (7) The board shall encourage public understanding and acceptance of state mental health services, and developmental disabilities services programs. Statutory/Other Authority: ORS 413.042 & 430.050 Statutes/Other Implemented: 430.050 & 430.630 History: MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90 MHD 6-1982, f. & ef. 3-23-82 309-011-0105 Purpose (1) The purpose of OAR 309-011-0105 to 309-011-0115 is to establish the standards by which the Health Systems Division approves payments to licensed residential programs funded by the Division for adults diagnosed with mental health disorders. (2) OAR 309-011-0105 to 309-011-0115 facilitate a system of residential services and supports driven by individual needs promoting recovery and wellness. Statutory/Other Authority: ORS 430.210, 413.042 & 443.450 Statutes/Other Implemented: ORS 443.400 - 443.460 & 443.991 History: BHS 3-2019, minor correction filed 03/06/2019, effective 03/06/2019 BHS 2-2019, amend filed 02/08/2019, effective 02/08/2019 BHS 20-2018, temporary amend filed 08/13/2018, effective 08/13/2018 through 02/08/2019 MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10 309-011-0110 Definitions (1) "Adult" means an individual 18 years of age or older, or an emancipated minor, conditioned upon the following: (a) An individual with Medicaid eligibility who is in need of services specific to children, adolescents, or young adults in transition must be considered a child until age 21. (b) Adults who are between the ages of 18 and 21 who are considered children must have all rights afforded to Adults as specified in these rules. (2) “Community Mental Health Program (CMHP)” means an entity that is responsible for planning and delivery of services for individuals with substance use disorders or a mental health diagnosis, operated in a specific geographic area of the state under an Intergovernmental Agreement or direct contract with the Division as defined in OAR 309-019-0105. (3) "Division" means the Health Systems Division of the Oregon Health Authority or designee. (4) “Occupied” means a specific individual is actively residing in a designated program living space and is receiving services as defined in OAR 410-172-0730. (5) “Occupancy Rate” means the calculated minimum rate of occupancy in a residential program’s operating budget that reflects the percentage of occupancy needed to meet expenses. (6) “Operating Budget” means a Division approved budget utilizing Division prescribed forms for setting rates in Residential Programs. (7) “Population Designation” means any term used to describe an individual in terms of their legal status or other category to include but not limited to those who are civilly committed, admitted voluntarily, or under the jurisdiction of the Psychiatric Security Review Board (PSRB). (8) “Provider” means the program administrator, individual, or organizational entity licensed by the Division that operates the program and provides services to individuals. (9) “Residential Program” means all licensed Secure Residential Treatment Facilities, Residential Treatment Facilities, and Residential Treatment Homes funded by the Health Systems Division or its designee to provide services for Adults diagnosed with a mental health disorder. (10) "Service Plan" means a comprehensive plan for services and supports provided to or coordinated for an individual and their family that is reflective of the comprehensive plan and the intended outcomes of service. (11) “Services and Supports” means those services defined as habilitation services and psychosocial rehabilitation services under OAR 410-172-0700(1) (2) and 410-172-0710(1)(2). (12) "Supervision" means a program staff’s observation and monitoring of an individual or oversight of a program staff by the program administrator applicable to the context. (13) “Vacancy Rate” means the vacancy percentage calculated in a Residential Program’s operating budget that reflects the vacant days available per month without impact on funding. (14) “Wellness” means an approach to healthcare that emphasizes good physical and mental health, preventing illness, and prolonging life. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 430.210, 443.400 - 443.460 & 443.991 History: BHS 4-2019, minor correction filed 03/06/2019, effective 03/06/2019 BHS 2-2019, amend filed 02/08/2019, effective 02/08/2019 BHS 20-2018, temporary amend filed 08/13/2018, effective 08/13/2018 through 02/08/2019 MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10 309-011-0115 Provider Compensation (1) Residential Program providers shall be compensated for services as defined in OAR 410-172-0710 to 410-172-0730. (2) Individuals absent from a residential program on activities under the supervision of the program staff shall be considered as occupying their designated living space. (3) The Division may make a Reserved Service Capacity Payment (RSCP) due to: (a) An individual’s admission to an acute care hospital, (b) An individual’s admission to a respite facility to avoid re-hospitalization or revocation of a conditional release order, (c) An Order of Revocation issued by the Psychiatric Security Review Board (PSRB), (d) An individual awaiting a court proceeding, a PSRB hearing, or for conditional release. (e) Facilitating a planned transfer from a hospital, another residential setting, jail; or (f) Temporary displacement due to unforeseen circumstances. (4) In order to receive such funding, the provider must: (a) Notify the Division within 48 hours by submitting an (RSCP) Request form via email to: car.amh@state.or.us. Upon receipt of the form, the Division shall review and respond by email within two business days of receiving the request, or as soon as possible thereafter. (b) Receive final approval from the Division prior to receiving such payment. RSCP approvals are subject to correction or denial upon secondary review by the Division, if the approval is inconsistent with this rule or Division policy. (c) For payment request, submit a contract amendment request (CAR) and the approved RSCP request form with the Client Status portion completed at the end of each approval period, as noted on the Division’s initial RSCP request response; and (d) Use policies, procedures, and forms prescribed by the Division for the notification and request for payment. (5) All Residential Program living spaces funded by the Division shall be available to any consumer approved by the Division without regard to their population designation or County of Responsibility. Statutory/Other Authority: ORS 413.042 & 443.450 Statutes/Other Implemented: ORS 430.210, 443.400 - 443.460 & 443.991 History: BHS 5-2019, minor correction filed 03/07/2019, effective 03/07/2019 BHS 2-2019, amend filed 02/08/2019, effective 02/08/2019 BHS 20-2018, temporary amend filed 08/13/2018, effective 08/13/2018 through 02/08/2019 MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10 309-011-0120 Purpose These rules prescribe standards to be implemented by the Addictions and Mental Health (AMH) Division in order to establish the Self-Determination Policy as used in ORS 430.071. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 430.078 History: MHS 17-2012, f. & cert. ef. 12-28-12 MHS 10-2010, f. & cert. ef. 7-22-10 309-011-0125 Definitions As used in these rules: (1) "Director" means the Director of the Addictions and Mental Health (AMH) Division of the Oregon Health Authority (Authority), or his or her designee. (2) "Consumer” means a person who has received or is receiving mental health or addiction services. (3) "Consumer Advisory Council" means the council appointed by the Assistant Director to advise the Division on the provision of mental health services. (4) "Division" means the Addictions and Mental Health (AMH) Division of the Oregon Health Authority. (5) “Olmstead v. L.C.” means the 1999 Supreme Court decision under which states are required to place persons with disabilities in community settings rather than in institutions when the State’s treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual and the placement can be reasonably accommodated, taking into account the resources of the State and needs of others with disabilities. (6) As used in ORS 430.075, these terms have the following meanings: (a) "Task force" means a group or committee, usually composed of experts or specialists, formed for analyzing, investigating, or solving a specific problem or objective; (b) "Commission" means a group of individuals that meet on a regular basis, and that are officially authorized to perform certain duties or functions; (c) "Advisory group" means a collection of individuals who bring unique knowledge and skills, and who are appointed to support a particular service or function, or to investigate, report on, or act upon a particular matter; and (d) "Committee" means a body of persons that are officially delegated or assigned to consider, investigate, act on, or report on a particular service or function. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 430.078 History: MHS 17-2012, f. & cert. ef. 12-28-12 MHS 10-2010, f. & cert. ef. 7-22-10 309-011-0130 Policy The Addictions and Mental Health (AMH) Division shall adopt a policy that supports and promotes self-determination for persons receiving mental health services. The policy shall be designed to remove barriers that: (1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and (2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law. Statutory/Other Authority: ORS 413.042 & 430.078 Statutes/Other Implemented: ORS 430.078 History: MHS 17-2012, f. & cert. ef. 12-28-12 MHS 10-2010, f. & cert. ef. 7-22-10