Current through Register Vol. 63, No. 9, September 1, 2024
(1) Each
applicant and provider shall:
(a) Permit
Division staff to inspect the service delivery location where the applicant or
provider intends to provide or currently provides behavioral health treatment
services:
(A) During regular business hours
and at any other reasonable hour verify information contained in the
application or ensure compliance with all applicable statutes, administrative
rules, other applicable regulations, or contractual obligations; and
(B) Allow immediate entry and inspection,
extending to any premises the Division has reason to believe a provider
provides behavioral health treatment services.
(b) Permit Division staff to inspect, audit,
assess, and collect data or copies from all records maintained by the applicant
or provider in relation to the certificate including but not be limited to:
(A) Financial records;
(B) Individual service records;
(C) Records related to the supply, storage,
disbursement, and administration of prescribed and over-the-counter
medications;
(D) Records of
utilization and quality assurance reviews conducted by the applicant, provider,
or other accredited entity;
(E)
Employee records including but not limited to:
(i) Academic degrees;
(ii) Professional licenses;
(iii) Supervision notes, disciplinary
actions, and logs;
(iv) Criminal
background checks;
(v) All
documentation required by applicable service delivery rules, statute, other
applicable regulations, and administrative rules;
(vi) Additional documentation deemed
necessary by the Division to determine compliance with this or any other
applicable administrative rules, statutes, or other applicable regulations.
(c) Assure
the provider is certified to provide only those services that are specified in
the scope of services and conditions listed on the certificate;
(d) Post the certificate or a legible copy
and any accompanying letter noting approved service delivery locations or
applicable conditions in a public space of each approved service delivery
location to be available for inspection at all times;
(e) Ascertain the certificate does not create
an express or implied contract in the absence of a fully executed written
contract; and
(f) Ensure that the
certificate is not transferable to any other individual, provider, or service
delivery location without Division approval.
(2) The Division may not discriminate in its
review procedures or services on the basis of race, color, national origin,
age, or disability. The Division may issue certificates to specialized programs
to assure maximum benefit for special populations, in which case the Division
may identify that special population in the certificates and impose applicable
program criteria under the applicable service delivery rules.
(3) A certificate is void immediately:
(a) Upon voluntary closure by a
provider;
(b) Upon change in the
provider's majority or controlling ownership; or
(c) Upon the listed expiration date of the
certificate if the provider fails to timely submit a complete application for
certification renewal pursuant to these rules.
(4) Discontinuation of services:
(a) A provider discontinuing services
voluntarily must:
(A) Notify the Division at
least 60 days prior to the date of voluntary closure and provide a written plan
to comply with record retention standards set out in OAR
309-014-0035(4)
and 42 CFR Part 2, "Federal Confidentiality Regulations" as
applicable;
(B) Make reasonable and
timely efforts to obtain alternative treatment placement or other services for
individuals currently being served; and
(C) Make reasonable and timely efforts to
contact individuals on waitlists and refer them to other treatment services;
and
(b) A provider
discontinuing services must provide individuals with a minimum 30-day written
notice regarding discontinuation of services. In circumstances where undue
delay might jeopardize the health, safety, or welfare of individuals or the
public, including where the Division has revoked or immediately suspended the
certificate pursuant to OAR
309-008-1100, the provider must
notify individuals regarding the discontinuation of services as soon as
possible.
Statutory/Other Authority: ORS
179.040,
179.505, ORS
413.042,
413.032-413.033,
426.072,
426.175,
426.236,
426.500,
430.010,
430.021,
430.256,
430.357,
430.560,
430.640,
430.870, ORS
743A.168 &
743.556
Statutes/Other Implemented: ORS
413.520,
426.060,
426.140,
430.010,
430.254,
430.335,
430.590,
430.620 &
430.637
