Or. Admin. Code § 309-014-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-014-0035 - Delivery of CMHP Service Elements

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.

Or. Admin. Code § 309-014-0035

MHD 39, f. 5-20-76, ef. 6-11-76; Renumbered from 309-014-0000(8) & (11), MHD 14-1982, f. & ef. 7-7-82; MHD 13-2000, f. 9-15-00, cert. ef. 9-16-00; MHS 23-2016, f. & cert. ef. 12/1/2016

Stat. Auth.: ORS 413.042 & 430.640

Stats. Implemented: ORS 430.610 - 430.640