Oregon Administrative Rules
Chapter 416 - OREGON YOUTH AUTHORITY
Division 335 - BEHAVIOR REHABILITATION SERVICES PROGRAM
Section 416-335-0040 - Prior Authorization for the BRS Program; Appeal Rights
Universal Citation: OR Admin Rules 416-335-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) BRS Program Eligibility:
(a) OYA may provide prior
authorization for the BRS Program to a person who:
(A) Meets the requirements in subsections
(2)(a)(A) through (D) of OAR 410-170-0040; and
(B) Is in the legal custody and care of
OYA.
(b) Notwithstanding
section (1)(a) of this rule, OYA may provide prior authorization to a person
who:
(A) Is a Child or Young
Person;
(B) Meets the requirements
in subsections (2)(a)(B) through (C) of OAR 410-170-0040;
(C) Is in the legal custody and care of OYA;
and
(D) Is eligible for
state-funded medical assistance through OYA but not eligible for
Medicaid.
(2) Appeal Rights:
(a) If a person is denied
prior authorization for the BRS Program under OAR 416-335-0040(1)(a) then the
person is entitled to notice and contested hearing rights under 410-120-1860
and 410-120-1865. The contested case hearing will be held by the
Authority.
(b) If a person is
denied prior authorization for the BRS Program by OYA under OAR
416-335-0040(1)(b), then the person is entitled to notice and contested hearing
rights pursuant to the provisions of ORS
183.341.
The contested case hearing will be held by OYA. OYA adopts the Attorney
General's Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and
137-003-0580, effective January 2012, as procedural rules for contested case
hearings.
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010 & ORS 420A.014
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
