Current through Register Vol. 63, No. 9, September 1, 2024
(1) Each
applicant agrees as a term of registration:
(a) The capacity of the CBSH facility must
not exceed the maximum occupancy allowed under applicable building and fire
codes;
(b) The provider and other
employees of a CBSH must not abuse any resident and must exercise reasonable
precautions against any other conditions that threaten the health, safety, or
welfare of residents;
(c) To permit
the Division immediate entry to inspect the facility where the provider intends
to operate or currently operates a CBSH to verify information contained in the
application, investigate a complaint of abuse, or to ensure compliance with all
applicable rules, statutes, ordinances, or regulations:
(A) If an investigation finds a violation of
these rules, the Division shall notify the provider in writing. The notice of
violation shall include:
(i) A description of
each violation; and
(ii) A specific
time frame for correction, not to exceed 30 days after receipt of the
notice.
(B) The Division
may conduct an inspection of the facility after the date the Division receives
the notice of correction or after the date by which violations shall be
corrected as specified in the notice of violation.
(d) To permit the Division to inspect, audit,
assess, and collect data or copies from all records maintained by the
provider;
(e) To permit access to
state and local fire inspectors and state and local health officers for
inspection of CBSH providers regarding fire safety;
(f) To permit any resident, resident's
representative or guardian, or an employee of the CBSH to file a complaint with
the provider, the resident's managed care plan, or the Division and to maintain
a record of all complaints received and any action taken;
(g) A CBSH may not retaliate against any
residents, resident's representative or guardian, or employee(s) who file a
complaint or any witness or employee of a facility interviewed about a
complaint, including but not limited to retaliation by restriction of a
resident's otherwise lawful access to the facility and, with respect to an
employee, retaliation by dismissal or harassment; and
(h) To post the Letter of Registration in a
common area of each approved CBSH and be available for inspection at all
times.
(2) Letters of
Registration pursuant to these rules do not create an express or implied
contract in the absence of a fully executed rental agreement.
(3) Letters of Registration are not
transferable to any other person, provider, or CBSH.
(4) The Division may not discriminate in its
review procedures or services on the basis of race, color, national origin,
sex, sexual orientation, age, or disability.
(5) The provider must consider an individual
for admission without regard to race, color, sex or sexual orientation, except
as may be limited by room arrangement, religion, creed, national origin, age,
except under 18 years, familial status, marital status, source of income, or
disability in addition to the mental health disorder.
(6) A Letter of Registration is void
immediately:
(a) Upon voluntary closure of a
CBSH;
(b) When the CBSH changes
majority or controlling ownership; or
(c) Upon a provider's failure to timely
submit an application for registration renewal pursuant to these
rules.
(7) Residents
shall be allowed to exercise all civil and human rights afforded including, but
not limited to: voting, privacy, and sending and receiving unopened
mail.
(8) Providers and other
employees of a CBSH must make reasonable efforts to refer residents in need of
care to appropriate social service agencies to include the appropriate
Community Mental Health Program (CMHP) and the Coordinated Care Organization
(CCO) if they are enrolled, and to medical facilities as appropriate.
(9) When the provider is also certified by
the Division to provide outpatient behavioral health treatment services under
OAR chapter 309, division 008, the provider may provide behavioral health
treatment within the scope of the certification to residents residing in the
CBSH:
(a) These services shall be
organizationally distinct and provided by qualified clinicians not employed by
or stationed at the CBSH facility; and
(b) Prior to the provision of behavioral
health treatment to residents, the provider shall obtain documentation that the
resident was informed of their option to receive behavioral health treatment
services from a provider organizationally distinct from the provider of
CBSH.
(10) Providers of
CBSH are prohibited from exceeding the level of care allowable by these rules
and functionally operating a Residential Treatment Home, Residential Treatment
Facility, or an Adult Foster Home as defined under ORS
443.400 and ORS
443.705 and OAR Chapter 309,
Division 35 or OAR Chapter 309, Division 40.
Statutory/Other Authority: ORS
413.032, ORS
413.042, ORS
413.085 & ORS
443.485
Statutes/Other Implemented: ORS
443.480 -
443.500 & ORS
443.991
