Or. Admin. Code § 309-035-0170

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-035-0170 - Termination of Residency

(1) Each provider's termination policy and procedure shall designate the program staff responsible for each step of the process for terminating residency. The provider shall designate responsibilities organized and assigned to promote a fair and efficient termination process. Unless otherwise designated as a condition of licensing or in contract language approved by the Division, the program administrator shall be responsible for initiating and coordinating termination proceedings. The provider shall make reasonable efforts to prevent unnecessary terminations by making reasonable accommodations within the program and setting.

(2) An individual or an individual's legal representative may terminate residency in a facility upon providing at least 30-days' notice. Upon mutual agreement between the administrator and the individual or individual's legal representative, less than 30 days' notice may be provided. This right may be limited if the individual is placed with the provider under a court, OHA, CMHP, or PSRB order.

(3) If an individual's behavior poses a serious and immediate threat to the health or safety of others in or near the program or setting, the program administrator, after providing 24 hours advance written notice to the individual, the individual's legal representative, and the supervisory entity, if applicable, specifying the causes, may initiate an involuntary transfer or discharge. The notice shall specify the individual's right to appeal the notice of involuntary transfer or discharge in accordance with OAR 309-035-0183(3). The individual has the right to remain in the facility until due process is complete or supervisory entity has ordered otherwise.

(4) When other circumstances arise providing grounds for issuing a notice of involuntary transfer or discharge under this section, the program administrator shall discuss these grounds with the individual, the individual's legal representative, and the supervising entity, if applicable, and with the individual's or the individual's legal representative's permission, other individuals with an interest in the individual's circumstances. If a decision is made to transfer or discharge the individual, the program administrator shall provide at least 30 days' written notice specifying the causes to the individual, the individual's legal representative, and the supervisory entity, if applicable. This notice shall also specify the individual's right to appeal the termination decision in accordance with OAR 309-035-0183(3). Early transfer or discharge may occur with less than 30 days advance notice with the mutual agreement of the program administrator and the individual who does not have a legal representative and is not under the jurisdiction of a supervisory entity, or the individual's legal representative where the individual is not under the jurisdiction of a supervisory entity, or the supervisory entity. The program is required to initiate a transfer and discharge service that must include a pre-discharge meeting with the CMHP and the individual's legal representative, advocate, or supervisory entity, as applicable, and shall make reasonable efforts to establish a reasonable transfer or discharge date in consideration of both the program's needs and the individual's need to find alternative living arrangements. Grounds for transfer or discharge include the following:

(a) The individual no longer needs or desires services provided by the program and expresses a desire to move to an alternative setting, unless the individual is placed with the provider by a supervisory entity, or with the individual's legal representative's consent;

(b) The individual is assessed by a Licensed Medical Professional or other qualified health professional to require services such as continuous nursing care or extended hospitalization that are not available or cannot be reasonably arranged at the facility;

(c) The individual's behavior is continuously and significantly disruptive or poses a threat to the health or safety of self or others, and these behavioral concerns cannot be adequately addressed with services available at the setting or services that can be arranged outside of the program setting;

(d) The individual cannot safely evacuate the setting in accordance with the setting's SR Occupancy Classification after efforts described in OAR 309-035-0145(5)(b) have been taken;

(e) Nonpayment of fees in accordance with program's fee policy; and

(f) The individual continuously and knowingly violates house rules resulting in significant disturbance to others.

(5) Except in the case of emergency transfer or discharge, or crisis-respite services, a pre-termination meeting shall be held with the individual, the individual's legal representative, and the supervising entity, if applicable, and with the individual's or the individual's legal representative's permission, others interested in the individual's circumstances. The purpose of the meeting is to plan any arrangements necessitated by the termination decision. The meeting shall be scheduled to occur at least two weeks prior to the termination date. In the event a pre-termination meeting is not held, the reason shall be documented in the individual service record.

(6) Documentation of discussions and meetings held concerning termination of residency and copies of notices shall be maintained in the individual service record.

(7) At the time of termination of residency the individual shall be given a statement of account, any balance of funds held by the program, and all property held in trust or custody by the program as in the following:

(a) In the event of pending charges, the program may withhold the amount of funds anticipated to cover the pending charges. Within 30 days after residency is terminated or as soon as pending charges are confirmed, the program shall provide the individual with a final financial statement along with any funds due to the individual; and

(b) In the case of an individual's property being left at the setting for longer than seven days after termination of residency, the program shall make a reasonable attempt to contact the individual or the individual's legal representative. The program shall allow the individual or the individual's legal representative at least 15 days to make arrangements concerning the property. If the program determines that the individual has abandoned the property, the program may then dispose of the property. If the property is sold, proceeds of the sale minus the amount of any expenses incurred and any amounts owed the program by or on behalf of the individual shall be forwarded to the individual or the individual's legal representative.

(8) Because crisis-respite services are time-limited, the planned end of services may not be considered a termination of residency and subject to requirements in OAR 309-035-0170(2)(4)(5). Upon admission to crisis-respite services, the individual or the individual's legal representative shall be informed of the planned date for discontinuation of services. This date may be extended through mutual agreement between the program administrator and the individual or the individual's legal representative. A program providing crisis-respite services shall implement policies and procedures that specify reasonable time frames and the grounds for discontinuing crisis-respite services earlier than the date planned.

(9) Because placement pursuant to a court, OHA, CMHP, or PSRB order is contingent on the continued jurisdiction of a supervisory entity, the end of services or the individual's revocation ordered by that supervisory entity is not considered an automatic termination of residency.

(10) If an individual moves out of the setting without providing notice or is absent without notice for more than seven consecutive days, the provider may initiate transfer or discharge process in the manner provided in ORS 105.105 to 105.168 after seven consecutive days of the individual's absence. The provider shall make an attempt to contact the individual and must contact the individual's legal representative or supervisory entity if applicable, and with the individual's or the individual's legal representative's permission, others interested in the individual's circumstances to confirm the individual's intent to discontinue residency.

(11) Upon transfer or discharge from the facility, program staff must offer two doses of an FDA-approved short-acting, non-injectable, opioid antagonist medication to the individual. If the individual accepts, program staff must:

(a) Provide the individual with an instruction card on the use of short-acting, non-injectable, opioid antagonist medication; and

(b) Document distribution of the short-acting, non-injectable, opioid antagonist medication in the individual's record.

Or. Admin. Code § 309-035-0170

MHD 9-1984(Temp), f. & ef. 12-10-84; MHD 9-1985, f. & ef. 6-7-85; MHD 4-1998, f. 5-21-98, cert. ef. 6-1-98; MHD 4-2005, f. & cert. ef. 4-1-05; MHS 4-2008, f. & cert. ef. 6-12-08; MHS 13-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17; MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017; BHS 41-2023, temporary amend filed 10/12/2023, effective 10/15/2023 through 4/11/2024; BHS 1-2024, temporary amend filed 01/09/2024, effective 1/10/2024 through 4/11/2024; BHS 6-2024, amend filed 04/11/2024, effective 4/11/2024

Statutory/Other Authority: ORS 413.042 & 443.450

Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991