Bill Text: OR HB3526 | 2013 | Regular Session | Introduced
Bill Title: Relating to health planning; declaring an emergency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3526 Detail]
Download: Oregon-2013-HB3526-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3956
House Bill 3526
Sponsored by Representative CONGER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies requirements for comprehensive local plan adopted by
local mental health authority.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to health planning; amending ORS 430.630, 430.632,
430.640, 431.385, 431.416 and 624.510; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide the following basic services to persons with
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health program to ensure
that, subject to the availability of funds, the following
services for persons with alcoholism or drug dependence, and
persons who are alcohol or drug abusers, are available when
needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
after-school programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health
Authority, a { + community + } mental health program may
initiate additional services after the services defined in this
section are provided.
(6) Each community mental health program and the state hospital
serving the program's geographic area shall enter into a written
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(7) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(8) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(9)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprising two or
more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. { - The local
mental health authority shall review and revise the local plan
biennially. - } The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan. { + A local mental health
authority shall coordinate its local planning with the
development of the community health improvement plan under
section 13, chapter 8, Oregon Laws 2012, by the coordinated care
organization serving the area. The Oregon Health Authority may
require a local mental health authority to review and revise the
local plan periodically. + }
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and { - biennial - }
revisions adopted under paragraph (b) of this subsection at time
intervals established by the { + Oregon Health + } Authority.
(i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
SECTION 2. ORS 430.630, as amended by section 101, chapter 37,
Oregon Laws 2012, is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide the following basic services to persons with
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health program to ensure
that, subject to the availability of funds, the following
services for persons with alcoholism or drug dependence, and
persons who are alcohol or drug abusers, are available when
needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
after-school programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health
Authority, a { + community + } mental health program may
initiate additional services after the services defined in this
section are provided.
(6) Each community mental health program and the state hospital
serving the program's geographic area shall enter into a written
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(7) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(8) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(9)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprising two or
more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. { - The local
mental health authority shall review and revise the local plan
biennially. - } The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan. { + A local mental health
authority shall coordinate its local planning with the
development of the community health improvement plan under
section 13, chapter 8, Oregon Laws 2012, by the coordinated care
organization serving the area. The Oregon Health Authority may
require a local mental health authority to review and revise the
local plan periodically. + }
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and { - biennial - }
revisions adopted under paragraph (b) of this subsection at time
intervals established by the { + Oregon Health + } Authority.
SECTION 3. ORS 430.632 is amended to read:
430.632. { + The Oregon Health Authority may require + } a
local mental health authority { - shall submit to - } { + to
periodically report to + } the Oregon Health Authority { - by
October 1 of each even-numbered year a report - } on the
implementation of the comprehensive local plan adopted under ORS
430.630 (9).
SECTION 4. ORS 430.640 is amended to read:
430.640. (1) The Oregon Health Authority, in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
(a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health programs
operated or contracted for by one or more counties.
(b) If a county declines to operate or contract for a community
mental health program, contract with another public agency or
private corporation to provide the program. The county must be
provided with an opportunity to review and comment.
(c) In an emergency situation when no community mental health
program is operating within a county or when a county is unable
to provide a service essential to public health and safety,
operate the program or service on a temporary basis.
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health program in the same manner in which the authority
contracts with a county court or board of county commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas:
(A) Mental or emotional disturbances.
(B) Drug abuse.
(C) Alcohol abuse and alcoholism.
(f) Approve or disapprove the { - biennial - }
{ + local + } plan and budget information for the establishment
and operation of each community mental health program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the authority. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with mental or emotional disturbances or
within the portion for persons with alcohol or drug dependence
may be made without authority approval.
(g) Make all necessary and proper rules to govern the
establishment and operation of community mental health programs,
including adopting rules defining the range and nature of the
services which shall or may be provided under ORS 430.630.
(h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health programs under ORS 430.634.
(i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state
hospitalization;
(E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
(G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
(j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
(k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
(9).
(L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
(m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
(n) Develop standardized criteria for each level of care
described in ORS 430.630 (9), including protocols for
implementation of local plans, strength-based mental health
assessment and case planning.
(o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
(9)(b) and the state planning process described in paragraph (o)
of this subsection, and on the performance measures and
performance data available under paragraph (m) of this
subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
(r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
commissioners that establish or operate a community mental health
program.
(2) The Oregon Health Authority may provide technical
assistance and other incentives to assist in the planning,
development and implementation of regional local mental health
authorities whenever the Oregon Health Authority determines that
a regional approach will optimize the comprehensive local plan
described under ORS 430.630 (9).
(3) The enumeration of duties and functions in subsections (1)
and (2) of this section shall not be deemed exclusive nor
construed as a limitation on the powers and authority vested in
the authority by other provisions of law.
SECTION 5. ORS 431.385 is amended to read:
431.385. (1) The local public health authority shall submit
{ - an annual - } { + a local + } plan to the Oregon Health
Authority for performing services pursuant to ORS 431.375 to
431.385 and 431.416. The { - annual - } { + local + } plan
shall be { - submitted - } { + updated periodically + } on a
date established by the Oregon Health Authority by rule or on a
date mutually agreeable to the authority and the local public
health authority.
(2) If the local public health authority decides not to submit
{ - an annual - } { + a local + } plan under the provisions of
ORS 431.375 to 431.385 and 431.416, the authority shall become
the local public health authority for that county or health
district.
(3) The authority shall review and approve or disapprove each
{ + local + } plan. Variances to the local public health plan
must be approved by the authority. In consultation with the
Conference of Local Health Officials, the authority shall
establish the elements of a { + local + } plan and an appeals
process whereby a local { + public + } health authority may
obtain a hearing if its { + local + } plan is disapproved.
(4) Each local commission on children and families shall
reference the local public health plan in the local coordinated
comprehensive plan created pursuant to ORS 417.775.
{ + (5) The Oregon Health Authority may adopt uniform
timelines and requirements for the submission of local plans by
local public health authorities and local mental health
authorities and the submission of community health improvement
plans by coordinated care organizations. + }
SECTION 6. ORS 431.385, as amended by section 102, chapter 37,
Oregon Laws 2012, is amended to read:
431.385. (1) The local public health authority shall submit
{ - an annual - } { + a local + } plan to the Oregon Health
Authority for performing services pursuant to ORS 431.375 to
431.385 and 431.416. The { - annual - } { + local + } plan
shall be { - submitted - } { + updated periodically + } on a
date established by the Oregon Health Authority by rule or on a
date mutually agreeable to the authority and the local public
health authority.
(2) If the local public health authority decides not to submit
{ - an annual - } { + a local + } plan under the provisions of
ORS 431.375 to 431.385 and 431.416, the authority shall become
the local public health authority for that county or health
district.
(3) The authority shall review and approve or disapprove each
{ + local + } plan. Variances to the local public health plan
must be approved by the authority. In consultation with the
Conference of Local Health Officials, the authority shall
establish the elements of a { + local + } plan and an appeals
process whereby a local { + public + } health authority may
obtain a hearing if its { + local + } plan is disapproved.
{ + (4) The Oregon Health Authority may adopt uniform
timelines and requirements for the submission of local plans by
local public health authorities and local mental health
authorities and the submission of community health improvement
plans by coordinated care organizations. + }
SECTION 7. ORS 431.416 is amended to read:
431.416. The local public health authority or health district
shall:
(1) Administer and enforce the rules of the local public health
authority or the health district and public health laws and rules
of the Oregon Health Authority.
(2) Assure activities necessary for the preservation of health
or prevention of disease in the area under its jurisdiction as
provided in the { - annual - } { + local + } plan of the
authority or district are performed. These activities shall
include but not be limited to:
(a) Epidemiology and control of preventable diseases and
disorders;
(b) Parent and child health services, including family planning
clinics as described in ORS 435.205;
(c) Collection and reporting of health statistics;
(d) Health information and referral services; and
(e) Environmental health services.
SECTION 8. ORS 624.510 is amended to read:
624.510. (1) The Director of the Oregon Health Authority shall
enter into an intergovernmental agreement with each local public
health authority established under ORS 431.375, delegating to the
local public health authority the administration and enforcement
within the jurisdiction of the local public health authority of
the powers, duties and functions of the director under ORS
624.010 to 624.121, 624.310 to 624.430, 624.650 and 624.992. The
intergovernmental agreement must describe the powers, duties and
functions of the local public health authority relating to fee
collection, licensing, inspections, enforcement, civil penalties
and issuance and revocation of permits and certificates,
standards for enforcement by the local public health authority
and the monitoring to be performed by the Oregon Health
Authority. The Oregon Health Authority shall establish the
descriptions and standards in consultation with the local public
health authority officials and in accordance with ORS 431.345.
The intergovernmental agreement must be a part of the local
{ - annual - } plan submitted by the local public health
authority under ORS 431.385. The Oregon Health Authority shall
review the performance of the local public health authority under
any expiring intergovernmental agreement. The review shall
include criteria to determine if provisions of ORS 624.073 are
uniformly applied to all licensees within the jurisdiction of the
local public health authority. In accordance with ORS chapter
183, the director may suspend or rescind an intergovernmental
agreement under this subsection. If the Oregon Health Authority
suspends or rescinds an intergovernmental agreement, the
unexpended portion of the fees collected under subsection (2) of
this section shall be available to the Oregon Health Authority
for carrying out the powers, duties and functions under this
section.
(2) A local public health authority shall collect fees on
behalf of the Oregon Health Authority that are adequate to cover
the administration and enforcement costs incurred by the local
public health authority under this section and the cost of
oversight by the Oregon Health Authority. If the fee collected by
a local public health authority for a license or service is more
than 20 percent above or below the fee for that license or
service charged by the Oregon Health Authority, the Oregon Health
Authority shall analyze the local public health authority fee
process and determine whether the local public health authority
used the proper cost elements in determining the fee and whether
the amount of the fee is justified. Cost elements may include,
but need not be limited to, expenses related to administration,
program costs, salaries, travel expenses and Oregon Health
Authority consultation fees. If the Oregon Health Authority
determines that the local public health authority did not use the
proper cost elements in determining the fee or that the amount of
the fee is not justified, the Oregon Health Authority may order
the local public health authority to reduce any fee to a level
supported by the Oregon Health Authority's analysis of the fee
process.
(3) The Oregon Health Authority, after consultation with groups
representing local health officials in the state, shall by rule
assess a remittance from each local public health authority to
which health enforcement powers, duties or functions have been
delegated under subsection (1) of this section. The amount of the
remittance must be specified in the intergovernmental agreement.
The remittance shall supplement existing funds for consultation
services and development and maintenance of the statewide food
service program. The Oregon Health Authority shall consult with
groups representing local health officials in the state and
statewide restaurant associations in developing the statewide
food service program.
(4) In any action, suit or proceeding arising out of local
public health authority administration of functions pursuant to
subsection (1) of this section and involving the validity of a
rule adopted by the Oregon Health Authority, the Oregon Health
Authority shall be made a party to the action, suit or
proceeding.
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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