Or. Admin. Code § 309-008-0300

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

Section 309-008-0300 - Terms of Certification

(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.

Or. Admin. Code § 309-008-0300

MHS 16-2016, f. 11-28-16, cert. ef. 11/30/2016; MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018; BHS 11-2018, amend filed 05/10/2018, effective 5/10/2018

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