OAR 309-035-0158: Temporary rule language in effect until 11/25/2026. Waitlist Management

(1) Management of waitlists includes the following: (a) The program must establish admission waitlists; (b) The program must document actions taken in the management of the waitlist; and (c) The program must verify and update their waitlist by contacting the waitlisted prospective resident, the prospective resident’s legal representative, and the referring entity, as applicable to confirm continued need for placement. All verifications must be documented. (2) The program must prioritize admissions on a waitlist as follows: (a) The program must give first priority consideration to each of those prospective residents who are seeking to transition from the Oregon State Hospital into the community and are: (A) A candidate for court-ordered community restoration as an aid and assist defendant pursuant to ORS chapter 161; or (B) Found guilty except for insanity of a criminal offense and is currently under the jurisdiction of the Psychiatric Security Review Board pursuant to ORS 161.327. (b) The program must give second priority consideration to each of those prospective residents who are seeking to transition from the Oregon State Hospital into the community and are under a current civil commitment, voluntary by guardian, or extremely dangerous person commitment pursuant to ORS chapter 426. (c) The program must give third priority consideration for admission to those prospective residents seeking admission to programs such as: (A) A candidate for court-ordered community restoration as an aid and assist defendant (B) A candidate for court-ordered conditional release who has been found guilty except for insanity of a criminal offense and will be placed under the jurisdiction of the Psychiatric Security Review Board pursuant to ORS 161.327; or (C) A candidate for court-ordered commitment to a facility designated by OHA and who is found guilty except for insanity of a criminal offense pursuant to ORS 161.328. (d) The program must give fourth priority consideration to those prospective residents seeking admissions to programs: (A) As an alternative to or to prevent civil commitment or placement at the Oregon State Hospital; (B) For the purpose of transitioning from a program or a secure residential treatment facility; or (C) For the purpose of transitioning from a community hospital to a community placement. (e) The program must give fifth priority consideration to those prospective residents who do not meet the criteria establish in subsection (2)(a), (b), (c), or (d) of this rule. (3) The program must determine priority for admission based on the priorities described in OAR 309-035-0158(2) and based on the earliest date of receipt of the complete referral packet when prospective residents currently share equal priority. The program may not consider the prospective resident’s county of origin, responsibility, or residency. (4) Within 72 hours of a provider learning of a pending opening, the program must provide written or electronic notification to the current highest priority prospective resident on the established waitlist, as well as their referring entity and their legal representative or supervisory entity, as applicable, of the expected opening. The referring entity is responsible to verify the prospective resident or their representative or supervisory entity, as applicable, received the notification of the opening and respond to the program within three business days of the provider’s notification. If any of the following occurs, the program may offer the opening to the next prospective resident on the wait list: (a) The program receives no response from the prospective resident, the prospective resident’s legal representative, supervisory entity, or the referring entity, as applicable, within three business days; (b) The individual will not be ready to transition into the program within one week; or (c) The individual no longer desires placement at the program. (5) The program may close their waitlist if there are five (5) or more prospective residents on the waitlist. When the waitlist is closed, the provider is not required to accept referrals, conduct screenings, or evaluate additional persons for admissions who are not already on the waitlist. (6) Waitlists must be opened any time there are less than five (5) prospective residents. (7) Providers are not required to accept more than five (5) referrals at one time when there is an opening on the waitlist.