Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 14 - COMMUNITY MENTAL HEALTH PROGRAMS
Section 309-014-0035 - Delivery of CMHP Service Elements
Universal Citation: OR Admin Rules 309-014-0035
Current through Register Vol. 63, No. 9, September 1, 2024
All community mental health contractors providing community mental health service elements under a contract with the Division are required to meet the following general standards for delivery of community mental health service elements:
(1) Eligibility for Service:
(a) In accordance with the Civil
Rights Act of 1964, community mental health services shall not be denied any
person on the basis of race, color, creed, sex, national origin or duration of
residence. Community mental health contractors shall also comply with Section
504 of the Rehabilitation Act of 1973 as implemented by
45 CFR
84.4, which states in part, "No qualified
person shall, on the basis of handicap, be excluded from participation in, be
denied benefits of, or otherwise be subjected to discrimination under any
program or activity which receives or benefits from federal financial
assistance";
(b) No person shall
be denied services or be discriminated against on the basis of age or
diagnostic or disability category unless predetermined clinical or program
criteria for service restrict the service to specific age or diagnostic groups
or disability category;
(c) No
person shall be denied community mental health services based on ability to
pay;
(d) Any person eligible for
community mental health services provided by one agency shall also be eligible
for other CMHP services provided by any other agency, unless admission to the
service is subject to diagnostic or disability category or age restrictions
based on predetermined criteria.
(2) Continuity and Coordination:
(a) Each agency providing community mental
health services shall make pertinent clinical and financial eligibility
information concerning a client of the agency readily available to other
community mental health service agencies responsible for the client's care,
consistent with state statutes and federal laws and regulations concerning
confidentiality;
(b) In the event
that a person seeking or receiving services from one community mental health
contractor requires services not provided by the contractor, the person shall
be referred to an available appropriate agency which can provide the needed
services;
(c) Planning and
implementation of service for clients of the community mental contractor shall
be coordinated between components of the community mental health and
developmental disability contractor, and other human service agencies, and
between components of the community mental health contractor and state
institutions. Each CMHP or community mental health program area contractor
shall maintain a written agreement with state institutions serving the county.
The agreement shall include, but need not be limited to:
(A) The procedures to be followed to assure
necessary communication between the state institution and the community mental
health program or CMHP area contractor when a client is admitted to, and
discharged from, the state institution and during the period of care, treatment
or training;
(B) The type of
client information which will be shared by the CMHP area contractor and the
state institution, the manner in which the information will be transmitted and
the times when such information will be provided;
(C) The names of the staff members from the
state institution and the CMHP area contractor, who will have principal
responsibility for liaison and implementation of the agreement; and
(D) Each agreement between the state
institution and a CMHP, or program area contractor, shall be reviewed and
renewed at least once a year.
Stat. Auth.: ORS 413.042 & 430.640
Stats. Implemented: ORS 430.610 - 430.640
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