Current through Register Vol. 63, No. 9, September 1, 2024
(1) Each
Behavioral Health Resource Network (BHRN) or applicant to receive funding as a
BHRN must fulfill all requirements of SB 755, Section 2(2)(d) and basic
operational requirements outlined in these rules to be eligible to receive Drug
Treatment and Recovery Services Funds from the Oversight and Accountability
Council (OAC) and the State.
(2)
Operational and policy requirements must include:
(a) BHRNs must maintain, implement, and
formalize organizational policies and procedures that detail the following
standards of service. Policies must include how BHRNs will offer services,
including but not limited to:
(A) Culturally
and Linguistically Specific Services;
(B) Culturally and Linguistically Responsive
Services;
(C) Accessibility for
People with Intellectual and Developmental Disabilities;
(D) Accessibility for People with Physical
Disabilities;
(E) Gender Affirming
and Responsive Care;
(F) LGBTQIA2S+
Affirming and Inclusive Services;
(G) Youth Friendly and Inclusive
Services;
(H) Patient Centered and
Non-Stigmatizing Services, including on use of person-first, non-stigmatizing
language;
(I) Trauma informed
engagement and care;
(J) Services
for parents or non-traditional parents with minor children;
(K) Pregnant persons (where
applicable);
(L) Process and
procedures for data collection in compliance with OAR 944-001-0040.
(b) These policies must be
established by the BHRNs after funding is received and within the first
reporting cycle after receiving funding. BHRNS may seek technical assistance
and a template from OAC or Oregon Health Authority (OHA) to build these
policies. BHRNs must provide these policies and procedures to the OAC and OHA
within 90-days of the final agreement;
(c) An individual who is authorized to
perform peer delivered supports, mentoring, and recovery services or a
certified alcohol and drug counselor who is available in-person, by phone, or
electronically 24 hours a day, seven days a week for anyone contacting the
BHRN;
(d) Posting regular office
hours, access information for the 24-hour telephonic line, and electronic
access to the BHRN's website, and each component organization's website. Each
BHRN entity does not need to maintain a website as long as the information is
available on the OAC website;
(e)
Culturally and linguistically specific services must be provided throughout all
the service array continuum;
(f)
BHRN providers who are not culturally and linguistically specific must provide
and coordinate culturally and linguistically responsive services; and
(g) BHRNs, including all component entities,
must maintain and implement policies and procedures that support individual
rights as outlined in this rule.
(3) Behavioral Health Resource Networks: A
comprehensive BHRN must include at minimum the required services below to be
funded by the OAC. These services may be provided by one or more entities who
refer between and collaborate with each other. To be a BHRN, a BHRN must
provide, and maintain sufficient capacity to provide, the following services
and supports to individuals who use substances that cause harm or have a
substance use disorder in the BHRN's county or region:
(a) Screening must be conducted by PSS, CRM,
PWS or other addiction professional. Screening service must be available 24
hours a day, seven days a week, every calendar day of the year. Screening must
be made available to each individual immediately upon first contact. At least
one organization within each BHRN within each county or region must meet this
requirement:
(A) Referral to all requested and
appropriate services must be made at the time the screening is
completed;
(B) Supportive services
must be offered to individuals waiting for services that are not readily
available;
(C) Services must be
offered face-to-face or through telehealth. The modality must be based on the
needs and preference of the individual as well as any safety concerns
identified by the individual or the BHRN.
(b) Comprehensive behavioral health needs
assessment, including a substance use disorder assessment by a certified
alcohol and drug counselor or other credentialed addiction treatment
professional:
(A) A comprehensive behavioral
health needs assessment must be provided within 24 hours of an individual's
request for an assessment through a BHRN or statewide telephone line;
(B) For substance use disorder services, each
assessment must be consistent with the dimensions described in the ASAM and
must document a diagnosis and level of care determination consistent with the
DSM and ASAM;
(C) When co-occurring
substance use, gambling disorder, mental health disorders, or any risk to
health and safety are determined, BHRN must document the finding and provide
appropriate referral for further assessment, planning, and intervention by an
appropriate professional.
(c) Peer-delivered outreach, supports,
mentoring, and recovery services;
(d) Harm reduction services, information, and
education. Individuals may be offered a referral for Hepatitis, HIV, STI,
COVID-19, and Tuberculosis (TB) testing, vaccine, or care services if
necessary;
(e) Low-barrier
substance use disorder treatment and addiction recovery services:
(A) Individuals using substances by injection
must be offered interim referrals or information to immediately reduce the
adverse health effects of substance use, promote the health of the individual,
and reduce the risk of overdose and the transmission of disease;
(B) Minimum interim referral and information
services must include:
(i) Counseling and
education about blood borne pathogens including Hepatitis, HIV, STIs, and TB;
the risks of needle and paraphernalia sharing; and the likelihood of
transmission to sexual partners and infants;
(ii) Counseling and education about steps
that can decrease the likelihood of Hepatitis, HIV, STI, and TB
transmission;
(iii) Offering to
pregnant individuals counseling on blood borne pathogen transmission, as well
as the effects of alcohol, tobacco, and other drugs use on the fetus. Referral
to prenatal care must be offered; and
(iv) Peer delivered supports, mentoring, and
recovery services that address parenting and youth in transition support, as
indicated.
(f) Flexible and low barrier housing for
individuals who use substances that cause harm or have a substance use
disorder:
(A) BHRNs must provide housing
options that serve populations at all points on the substance use continuum.
BHRNs must provide gender affirming housing options including responsive
housing and shelter options for those who are transgender,
gender-nonconforming, and intersex. Family housing options must be made
available;
(B) BHRNs must offer all
of the following types of rental assistance:
(i) Project-based vouchers;
(ii) Tenant-based vouchers;
(iii) Rapid-rehousing and eviction
prevention;
(iv) Assistance for
fair market rate and privately held housing;
(v) Assistance attached to a development;
and
(vi) Assistance attached to
wrap around services or assistance paid directly to individuals.
(C) BHRNS or applicants may also
propose in their funding applications to offer other, innovative types of
rental assistance in addition to these following:
(i) Single family and multifamily housing
development;
(ii) Barrier busting
assistance, including deposit funds, repairs, and landlord incentives;
and
(iii) Mobile units, camping
equipment, and campsites.
(D) Planning must assess supports that
individual's need to maintain housing, health, and recovery. This includes
planning and remediation steps for those experiencing relapse in
abstinence-only living environments.
(g) For BHRNs funded after January 1, 2024,
expungement services or referrals to expungement services to facilitate
housing, employment, and receipt of other recovery services;
(h) Assessment of the need for, and provision
of, mobile or virtual outreach services as required in ORS
430.389(2)(d)(E));
and
(i) Supported
employment.
(4) BHRNs
must maintain adequate staffing to provide the required services and supports
to individuals in the BHRN's county or region. A minimum staffing requirement
for each BHRN must be at least one qualified service provider within each of
the following categories:
(a) Certified
alcohol and drug counselor or other credentialed addiction treatment
professional;
(b) Case
manager;
(c) Certified addiction
Peer Support or Peer Wellness Specialist or certified recovery mentors;
and
(d) Addiction Peer Support and
Addiction Peer Wellness Specialist Supervision or Peer Delivered Services
Supervisor.
(5) Each
BHRN must promptly provide an individual with verification once they have
completed a screening. BHRN must use the approved release of information
determined by Oversight and Accountability Council and must send verification
if authorized in a class E violation case in the manner prescribed by the Chief
Justice of the Supreme Court. BHRNs must give individuals an opportunity to
sign a release of information that must:
(a)
Authorize the BHRN to send the verification form to the Oregon Health Authority
(OHA) or its contractor; and
(b)
Authorize OHA or its contractor to forward the verification form to the court
in their case, in a manner prescribed by the Chief Justice of the Supreme
Court.
(6) BHRNs must
operate in a manner that honors tribal sovereignty and
self-determination.
(7) In
performing duties under section (3) of this rule, BHRNs must maintain
partnerships and clear referral pathways to appropriate services, such as:
(a) Employment, training and
education;
(b) Family counseling,
parenting support and childcare;
(c) Youth services;
(d) State and federal public benefits
including but not limited to the Oregon Health Plan, supplemental Nutrition
Assistance Program (SNAP), and Temporary Aid for Needy Families (TANF),
application and attainment counseling for Social Security Insurance (SSI) and
Social Security disability Insurance (SSDI);
(e) Assistance to address food
insecurity;
(f) Coordination with
other local, county, and state agencies as appropriate, such as social
services, child welfare, or corrections;
(g) Referral and coordination with agencies
providing services to those who have experienced physical abuse, sexual abuse,
or other types of domestic violence;
(h) Primary care services, including primary
pediatric care and immunizations for children of those seeking care;
and
(i) Expungement
services.
Statutory/Other Authority: Ballot Measure 110 (2020), SB 755
(2021), ORS 430.389, ORS
430.390 & ORS
430.391
Statutes/Other Implemented: Ballot Measure 110 (2020), SB 755
(2021), ORS 430.383 & ORS
430.392