OAR 309-035-0156: Temporary rule language in effect until 11/25/2026. Screening

(1) The provider must ensure the screening and referral policies and procedures process include: (a) The program staff responsible for each component of the screening and referral information gathering and decision-making process. The program must allocate responsibilities to promote effective processing of referrals and completion of screenings. (b) Considerations for the placement of prospective residents by a supervisory authority under ORS chapters 161 or 426 or by the informed consent of the prospective resident’s legal representative, the ability of the program to meet the service needs of both the prospective resident and current residents of the program, and the prospective resident’s right to select and choose from available service settings when the prospective resident has the capacity to engage in the treatment programs offered by the program. A prospective resident under civil commitment has the right to appeal the placement by the OHA designee as outlined in OAR 309-033-0290(5). (2) The provider must support the prospective resident’s right to select a program by assisting the person-centered service plan coordinator in identifying and documenting program options in the person-centered service plan, including providing information regarding program services and rates. The prospective resident’s right to select a service setting may be limited by a court, OHA, CMHP, or PSRB order under ORS chapters 161 or 426, or by the informed consent of the prospective resident’s legal representative. (3) Unless limited by contractual agreement with the Division, the program must accept and process referrals from: (a) Oregon Health Authority or its designee; (b) Hospitals; (c) County Mental Health Programs; (d) Licensed Residential Treatment Facilities and Homes; and (e) Licensed Mental Health Adult Foster Homes. (4) In accordance with ORS 179.505 and the 42 CFR, Part 2, the program shall obtain an authorization for the release of information for disclosure of any confidential information concerning a prospective individual. (5) The provider must consider a prospective resident for admission and not discriminate based on race, color, sex, gender or sexual orientation, except as may be limited by room arrangement, religion, creed, national origin, age, except under 18 years, familial status, marital status, source of income, cultural identity, socioeconomic status, or disability in addition to the serious mental illness or other protected classes. (6) Prior to accepting a prospective resident for admission to the program, the program administrator must determine the prospective resident meets admission criteria including the following: (a) The provider must offer each prospective resident referred for placement at the program an opportunity to participate in a screening interview prior to being accepted or denied placement at a program, except as described in OAR 309-035-0157(10)(d). The screening is intended to provide information about the program and the services available as well as to obtain information from the prospective resident, a relative, and agencies currently providing services to the prospective resident sufficient to determine eligibility for admission and service needs; and (b) The provider must receive screening packets for each prospective resident referred for placement. At a minimum, screening packets must include: (A) Written documentation that the prospective resident has or is suspected of having a serious mental illness; (B) Background information including a description of previous living arrangements, service history, behavioral support needs, service needs, historical health conditions, current physical condition, and any current or recommended medications, treatments, dietary specifications, and aids to physical functioning; (C) Copies of documentation relating to guardianship, conservatorship, commitment status, advance directives, declaration for mental health treatment, conditions of placement if on a trial visit or outpatient commitment, or any other legal restrictions or jurisdiction; (D) Documentation demonstrating the individual’s ability to pay for room and board and eligibility for Medicaid services as outlined in OAR 410-120-1140, or equivalent funds to pay for services. (c) Providers are not required to screen incomplete referrals. The referring entity must: (A) Be notified of the incomplete status within ten (10) business days of the referral's receipt; and (B) The notification must include a description identifying information missing from the referral. (d) The provider must ensure that screenings be conducted at the prospective program setting unless: (A) Travel arrangements cannot be made due to inclement weather; or (B) The prospective resident or their legal representative requests a remote screening or screening at the prospective resident’s current location. (e) The provider must contact the referring agency to schedule a screening appointment within 48 hours of receipt of the referral packet; (f) The provider must coordinate with the referring agency to schedule a screening appointment to occur within 14 calendar days from the date of receipt of the referral packet; (g) The provider must provide the following to each prospective referred for placement: (A) Materials explaining conditions of residency; (B) Services available to resident residing in the program; and (C) An opportunity to meet with a prospective roommate if the program uses a shared room model. (h) The screening meeting must include the program administrator, the prospective resident, and the prospective resident’s legal representative, if applicable. With the consent of the prospective resident or the prospective resident’s legal representative, the meeting may also include family members, representatives of relevant service-providing agencies, and others with an interest in the prospective resident’s admission. (7) If a prospective resident is referred for emergency admission, an amended or abbreviated screening process may be used to more quickly meet the needs of the prospective resident. Screening and admission information obtained may be less comprehensive than for regular admissions but must be sufficient to determine the prospective resident meets admission criteria and that the setting and program is appropriate considering the prospective resident’s needs. The program must document the reasons for incomplete information. (8) Prior to admission, the provider must evaluate and determine whether a prospective individual is eligible for admission based on the following criteria. The prospective resident must: (a) Be assessed to have a mental health disorder or a suspected mental health disorder; (b) Be at least 18 years of age; (c) Not require continuous nursing care unless a reasonable plan to provide the care exists, the need for residential treatment supersedes the need for nursing care, and the Division approves the placement; (d) Have evacuation capability consistent with the setting's occupancy classification with or without assistance as described in OAR 309-035-0145(6)(b); (e) Have a verified funding source for the purpose of receiving care and services in a licensed setting including verification of Medicaid eligibility and coverage, as applicable; (f) Meet additional criteria required or approved by the Division through contractual agreement or condition of licensing. (9) For admission to an SRTF, the provider must also evaluate and determine whether a prospective resident is eligible for admission, based on the prospective resident meeting all criteria in OAR 410-172-0720(7). (10) The provider may only deny a prospective resident admission to its program for the following reasons: (a) Failure to meet admission criteria established by these rules; (b) Inability to pay for services due to lack of presumed Medicaid eligibility or other funds; (c) Lack of availability of necessary medical services required to maintain the health and safety of the prospective resident and those services cannot be reasonably arranged; or (d) The prospective resident declines the offer for screening, unless the placement of the prospective resident is by a supervisory authority under ORS chapters 161 or 426 or by the informed consent of the prospective resident’s legal representative. (11) The provider may not deny a prospective resident admission to its program as follows: (a) Prior to offering a face-to-face screening or other screening process as allowed by these rules unless the program waitlist is currently closed as outlined in OAR 309-035-0157(10)(d); or (b) Due to county of origin, responsibility, or residency; or (c) Due to supervisory entity. (12) The provider’s decision must be based on review of screening materials, information gathered during the face-to-face screening meeting, and evaluation of the admission criteria. (13) The program must inform the prospective resident, and the prospective resident’s legal representative, supervisory entity, and referring entity, as applicable, of the admission decisions within 72 hours of the screening meeting. (14) When the program denies admission, the program shall provide written notification to the prospective resident and the prospective resident’s legal representative, supervisory entity, and referring entity, as applicable, of the specific basis for the decision and the prospective resident’s right to appeal the decision. (15) When the program approves admission, the program must inform the prospective resident’s and the prospective resident’s legal representative, supervisory entity, and referring entity, as applicable, through an acceptance notification that must include: (a) When not waitlisted or first on the waitlist, an estimated date of admission; and (b) When waitlisted, the number on the waitlist