Current through Register Vol. 63, No. 9, September 1, 2024
(1) Notice of
Appeal.
(a) If a service provider believes
that the contract offered by the CMHP contains terms or conditions that are not
substantially similar to those established by the Division in the model
contract, the service provider may appeal imposition of the disputed terms or
conditions by sending a written notice of appeal to the Division's Chief
Officer within 30 calendar days after the effective date of the contract
requirement. The notice of appeal shall include:
(A) A copy of the contract and any pertinent
contract amendments;
(B)
Identification of the specific term(s) that are in dispute; and
(C) A complete written explanation of the
dissimilarity between terms.
(D)
The service provider shall send a copy of its notice of appeal to the CMHP.
Upon receipt of this notice, the CMHP shall suspend enforcement of compliance
with any contract requirement under appeal by the contractor until the appeal
process is concluded.
(2) The Chief Officer or designee, shall
offer to meet with both to mediate a solution. If a solution cannot be
mediated, the Chief Officer shall declare an impasse through written
notification to all parties and immediately appoint a panel to consider
arguments from both parties.
(3)
(a) The Mediation Panel The panel shall
include, at a minimum, a representative from the Division, a representative
from another CMHP, and a representative from another service provider
organization.
(b) The panel shall
meet with the parties, consider their respective arguments, and send written
recommendations to the Chief Officer of the Division within 45 business days
after an impasse was declared. If an appeal requiring panel consideration has
been received from more than one contractor, the Division may organize
materials and discussion in any manner it deems necessary, including combining
appeals from multiple contractors, to assist the panel in understanding the
issues and operating efficiently.
(c) The Chief Officer shall notify all
parties of his/her decision within 15 business days after receipt of the
panel's recommendations. The decision of the Administrator is final. The CMHP
shall take immediate action to amend contracts as needed to comply with the
Administrator's decision.
(3)
(a)
Expedited Appeal Process. The CMHP or the contractor may request an expedited
appeal process that provides a temporary resolution, if it can be shown that
the time needed to follow procedures to reach a final resolution would cause
imminent risk of serious harm to individuals or organizations.
(b) The request shall be made in writing to
the Division's Chief Officer. It shall describe the potential harm and level of
risk that will be incurred by following the appeal process. The Division shall
notify all parties of its decision to approve an expedited appeal process
within two business days.
(c) If
an expedited process is approved, the Chief Officer shall notify all parties of
his/her decision concerning the dispute within three additional business days.
The Chief Officer's decision resulting from an expedited appeal process shall
be binding, but temporary, pending completion of the appeal process. All
parties shall act according to the Chief Officer's temporary decision until
notified of a final decision.
(4) Exception to Facility Requirements. The
CMHP may add contract requirements that the CMHP considers necessary to ensure
the siting and maintenance of residential facilities in which individual care
is provided. These requirements shall be consistent with all applicable state
and federal laws and regulations related to housing.
(5) Needs Assessment and Planning. The CMHP
shall assess local needs for services to persons with mental or emotional
disturbances, drug abuse problems, mental retardation or other developmental
disabilities, and alcoholism and alcohol abuse problems. The CMHP shall plan
for meeting those needs within the constraints of resources available. The
local mental health authority shall review and approve the plan before it is
submitted to the Division.
(6)
Monitoring. The local mental health authority shall monitor all CMHP service
elements to assure that:
(a) Service elements
are provided as specified in the contract with the Division; and
(b) Service elements are in compliance with
these rules and other applicable Division administrative rules.
Stat. Auth.: ORS
413.042 &
430.640
Stats. Implemented: ORS
430.610 -
430.640
