ORS 443.470: Limitations on residents’ access to alcohol, marijuana and weapons.

(1) As used in this section: (a) “Residential treatment facility” has the meaning given that term in ORS 443.400. (b) “Residential treatment home” has the meaning given that term in ORS 443.400. (c) “Secure residential treatment facility” means a facility described in ORS 443.465. (d) “Secure residential treatment home” means a home described in ORS 443.465. (2) A residential treatment facility, residential treatment home, secure residential treatment facility or secure residential treatment home may place reasonable limitations, as defined by the Oregon Health Authority by rule, on a resident’s access to and possession of alcohol, marijuana and weapons, including firearms and knives. [2025 c.561 §4] (Temporary provisions relating to residential behavioral health services) Sec. 1. (1) As used in this section, “residential treatment facility” has the meaning given that term in ORS 443.400. (2) The Residential Behavioral Health Capacity Program is established within the Oregon Health Authority to fund behavioral health programs that are determined by the authority to increase residential behavioral health capacity throughout this state. The authority shall distribute funding to behavioral health programs that the authority determines, according to the guidelines described in subsection (3) of this section, are likely to have the greatest immediate impact on communities’ needs for increased withdrawal management facility, residential treatment facility and psychiatric inpatient facility capacity. (3) The authority, after soliciting and considering input from regional partners and practitioners, shall develop guidelines for distributing funding to behavioral health programs. The guidelines shall include, but are not limited to, the following factors: (a) The impact of the behavioral health program on the needs identified in a report that was commissioned by the authority to study statewide needs for residential behavioral health capacity; (b) The ability of the behavioral health program to quickly put the funding to use, including the availability of a service provider; (c) The bed-to-cost ratio of a behavioral health program’s proposed project, with priority given to shovel-ready projects; (d) Geographic equity across this state; (e) The impact of the behavioral health program on the needs of individuals who have been committed to the authority under ORS 426.130 or committed to a state hospital under ORS 161.327 or 161.370; and (f) Local community input on proposed projects that will serve the highest need. [2025 c.470 §1] Sec. 6. Section 1 of this 2025 Act is repealed on January 2, 2027. [2025 c.470 §6] Sec. 1. (1) As used in this section: (a) “Facility” means: (A) A residential treatment facility; (B) A residential treatment home; (C) A secure residential treatment facility; or (D) A secure residential treatment home. (b) “Medical assistance” has the meaning given that term in ORS 414.025. (c) “Residential treatment facility” has the meaning given that term in ORS 443.400. (d) “Residential treatment home” has the meaning given that term in ORS 443.400. (e) “Secure residential treatment facility” means a facility described in ORS 443.465. (f) “Secure residential treatment home” means a home described in ORS 443.465. (2) The Oregon Health Authority shall: (a) Study potential allowable alternatives or exceptions to current nurse staffing requirements in secure residential treatment facilities to address workforce challenges while balancing the safety of providers and consumers. (b) Assess all methodologies permitted by federal law for reimbursing facilities. The authority shall consider alternatives to the current reimbursement rate methodology used by the authority and recommend a methodology that considers: (A) Staffing costs for a facility; (B) The need to incentivize a facility to hold open a resident’s room when a resident is removed from the facility for a brief period of time; (C) The need to pay facility staff a professional wage; (D) The need to incentivize a facility to operate, develop and staff as large of a program as is possible and safe; and (E) The need to encourage facilities to serve residents with similar levels of care needs. (c) Determine whether the authority may, under federal law, administer residential behavioral health services to medical assistance recipients through options other than through the state’s Home and Community-Based Services waiver, under 42 U.S.C. 1396n(c), or a state plan amendment under 42 U.S.C. 1396n(i). To the extent that alternative models of administering residential behavioral health services to medical assistance recipients are permissible under federal law, the authority shall: (A) Analyze alternative models that have been approved by the Centers for Medicare and Medicaid Services for use in other states; (B) Evaluate the cost of any alternative models; and (C) Develop recommendations about: (i) Alternative options that would allow the authority to increase reimbursement rates for facilities; (ii) Alternative options that would not subject facilities to a requirement that facilities provide an eviction process that is as protective as state landlord-tenant law; (iii) How alternative models may support facilities in serving residents with high acuity behavioral health needs and what protections are available to ensure that residents with high acuity behavioral health needs are not prematurely or inappropriately discharged for problematic behaviors; (iv) A discharge process for residents who decline to participate in treatment and are therefore not suited for continued services by a facility; and (v) An appeal process for both facilities and residents. (d) Determine the feasibility of supporting the direct discharge of a resident, when deemed medically necessary and clinically prudent, from a facility to other types of housing without requiring a third-party referral. (e) Evaluate options for providing, and develop recommendations for funding, capacity payments to facilities when a resident is hospitalized or temporarily absent due to a law enforcement encounter. (f) Study needed actions and take appropriate actions to fill the capacity of newly licensed facilities. (3) No later than September 15, 2026, the authority shall report its findings and recommendations from the studies conducted under this section, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to health. [2025 c560 §1] Sec. 2. (1) As used in this section: (a) “Facility” means: (A) A residential treatment facility; (B) A residential treatment home; (C) A secure residential treatment facility; or (D) A secure residential treatment home. (b) “Residential treatment facility” has the meaning given that term in ORS 443.400. (c) “Residential treatment home” has the meaning given that term in ORS 443.400. (d) “Secure residential treatment facility” means a facility described in ORS 443.465. (e) “Secure residential treatment home” means a home described in ORS 443.465. (f) “Transition aged youth residential treatment home” means a residential treatment home for young adults between the ages of 17.5 and 25 years of age who experience complex behavioral health challenges. (2) The Oregon Health Authority shall adopt rules to: (a) Support facilities in developing early transition plans for residents. (b) Establish a separate licensing process for transition aged youth residential treatment homes. (3) No later than September 15, 2025, the authority shall submit an interim report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to health, about the authority’s progress in carrying out the provisions of this section and any recommendations for needed legislative changes. (4) No later than September 15, 2026, the authority shall submit a final report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to health, about the authority’s progress in carrying out the provisions of this section and any recommendations for needed legislative changes. [2025 c.560 §2] Sec. 7. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2027. [2025 c.560 §7]