OAR 410-172-0660: Rehabilitative Behavioral Health Services

(1) Rehabilitative Behavioral Health Services means the medical or remedial services recommended by a licensed medical practitioner or other licensed Practitioner of the Healing Arts as defined in OAR 410-120-0000 for individuals experiencing impaired functioning associated with the symptoms of a mental disorder or substance use disorder and are provided for the purpose of reducing the impairment and restoring functioning to the highest degree possible. (2) Remedial rehabilitative behavioral health services shall be recommended by a physician licensed by the Oregon Medical Board or a licensed Practitioner of the Healing Arts as defined in OAR 410-120-0000 and section 5(a and b) of this rule. (3) Rehabilitative behavioral health services that include the provision of medical services shall be recommended by and provided under ongoing oversight of a licensed medical practitioner as described in section 4(a or b) of this rule. (4) Rendering providers of rehabilitative behavioral health services shall meet one of the following qualifications: (a) Physician or Physician Associate licensed by the Oregon Medical Board; (b) Advanced Practice Registered Nurse, including Clinical Nurse Specialist and Nurse Practitioner licensed by the Oregon Board of Nursing; (c) Psychologist licensed by the Oregon Board of Psychology; (d) Licensed Professional Counselor (LPC) or Licensed Marriage and Family Therapist (LMFT) licensed by the Oregon Board of Licensed Professional Counselors and Therapists; (e) Licensed Clinical Social Worker (LCSW) licensed by the Oregon Board of Licensed Social Workers; (f) Licensed Master’s Social Worker (LMSW) licensed by the Oregon Board of Licensed Social Workers as described in OAR 877-015-0105; (g) Licensed Psychologist Associate granted independent status by the Oregon Boards of Psychology as described in OAR 858-010-0039; (h) Licensed Occupational Therapist licensed by the Oregon Occupational Therapy Licensing Board; (i) Organizational Provider as defined in ORS 430.637 that holds a current Certificate of Approval for outpatient treatment services issued by OHA’s Behavioral Health Division (BHD) as described in OAR chapter 309, Behavioral Health Services, division 008. (5) Effective July 1, 2027: The Associates licensed or registered by one of the licensing boards identified in section (b) of this section (5) may be rendering rehabilitative behavioral health services if the Associate: (a) Is employed by or contracted with an organization that is certified by OHA in accordance OAR chapter 309, Behavioral Health Services, division 008 and meet the qualifications for any one of the following provider types: (b) Has been issued a certificate of approval (COA) by the OHA in accordance with OAR chapter 309, Behavioral Health Services, division 008, and meet the qualifications for any one of the following provider types: (A) Professional Counselor Associates registered with the Oregon Board of Licensed Professional Counselors and Therapists as described in OAR chapter 833, Mental Health Regulatory Agency, division 50; (B) Marriage and Family Therapist Associate registered with the Oregon Board of Licensed Professional Counselors and Therapists as described in OAR chapter 833, Mental Health Regulatory Agency, division 50; or (C) Certified Clinical Social Work Associate issued by the Oregon Board of Licensed Social Workers as described in OAR chapter 877, Board of Licensed Social Workers, division 20. (c) Nothing in this section shall be read to require a COA when one of the exceptions identified in section (10) of this rule is met. (6) Mental Health Interns may provide rehabilitative behavioral health services when the Intern: (a) Is under the supervision of one of the licensed provider types identified in section (4) (c-e) of this rule; and (b) Has submitted a collaborative agreement between school and provider. (7) The following providers are required to be employed by a provider organization certified by OHA’s Behavioral Health Division: (a) Qualified mental health professional or a qualified mental health practitioner (QMHP) as defined in OAR chapter 309, Behavioral Health Services, division 019; (b) Qualified mental health associate (QMHA) as defined in OAR chapter 309, Behavioral Health Services, division 019; (c) Peer-Support Specialist (PSS), Peer Wellness Specialist (PSW),and Youth Support Specialist (YSS) or Family Support Specialist (FSS), as each are defined in OAR Chapter 950, Equity and Inclusion Division, division 060 or Certified Recovery Mentor (CRM) as defined in OAR 309-083-0010 chapter 950, Equity and Inclusion Division, division 060; (d) Certified alcohol and drug counselors (CADC) certified by the Mental Health & Addiction Certification Board of Oregon (MHACBO); (e) Certified gambling addiction counselors (CGAC) certified by MHACBO; and (f) Effective 7/1/2027 Board Registered Behavioral Health Associates, unless exempt under section (10) of this rule. (8) In addition to meeting the provider requirements described in this rule, providers of Assertive Community Treatment (ACT) services shall be certified as a fidelity ACT team by the BHD as described in OAR chapter 309, Behavioral Health Services, division 019. (9) In addition to meeting the provider requirements described in this rule, providers of Individual Placement and Supports (IPS) Supported Employment Services as defined in OAR 309-019-0270 must be certified as a fidelity program by the BHD or its designee as described in OAR chapter 309, Behavioral Health Services, division 019. (10) Notwithstanding any other provisions of this rule, a COA is not required for billing Medicaid when provider described in section (5) works in the following settings: (a) Clinics recognized by Health Resource Service Administration (HRSA) as federally supported safety-net clinics. These federally supported safety net clinics may include support from HRSA itself as well as other federal regulatory agencies or programs, including, without limitation, Federally Qualified Health Centers (FQHC) and Rural Health Clinics (RHC) as defined in OAR 410-147-0000. (b) An Indian Health Care Provider, as defined in OAR 410-120-0000; (c) State-certified School-Based Health Centers (SBHCs) as defined in ORS 413.223; (d) Higher Education settings that offer degrees, certificates, or workforce training and which may include two-year community colleges, four-year public universities, and career or trades schools; (e) Education Agencies (EA) as defined in OAR 410-133-0040, when: (A) Services are provided in compliance with School-Based Health Services (SBHS) as described OAR chapter 410, Medical Assistance Programs, division 133; and (B) The EA employs a supervisory-level, as defined in OAR 410-133-0040, behavioral health provider to provide direct supervision for employed board-registered behavioral health associates. (f) Psychologist Residents as described in ORS 675.030(2); (g) Licensed Psychologist Associate under continued supervision as described in Oregon Laws 2021, chapter 211, section 2.