OAR Chapter 944 — Oregon Health Authority, Drug Treatment and Recovery Services

Division 1 Behavioral Health Resource Networks (BHRN)

Or. Admin. R. 944-001-0000 Purpose

(1) These rules prescribe general minimum operational standards including services and supports provided by the Behavioral Health Resource Networks (BHRN).

(2) These rules prescribe the formation, implementation, and operation of Behavioral Health Resource Networks.

(3) These rules specify general criteria used to distribute grants and funding required to establish the Behavioral Health Resource Networks and to increase access to community care as described in SB 755 (2021).

(4) These rules specify reporting requirements used to satisfy the Secretary of State to conduct financial and performance audits.

History

Statutory/Other Authority: Ballot Measure 110 (2020) & SB 755 (2021)
Statutes/Other Implemented: Ballot Measure 110 (2020) & SB 755 (2021)
OAAC 1-2022, adopt filed 02/24/2022, effective 02/26/2022
OAAC 1-2021, temporary adopt filed 08/30/2021, effective 09/01/2021 through 02/27/2022

Or. Admin. R. 944-001-0010 Definitions

(1) "Access to Care Grants" means funds distributed by the Oversight and Accountability Council and Oregon Health Authority through direct award or request for grant proposal for purposes of increasing access to one or more of the services described in SB 755 Section 2(3)(a):

(a) Low-barrier substance use disorder treatment and recovery services;

(b) Peer support and recovery services;

(d) Harm reduction services;

(e) Incentives, training, and supports to expand behavioral health workforce; and

(f) The above services (a) through (d) for minor-aged clients.

(2) "ASAM Criteria" means the Fifth Edition of the American Society of Addiction Medicine (ASAM) for the Treatment of Addictive, Substance-related, and Co-Occurring Conditions, which is a clinical guide to develop patient-centered service plans and make objective decisions about levels of care, continuing care, and transfer or discharge for individuals.

(3) "Behavioral Health" includes mental health, substance use, substance use disorders, and problem gambling.

(4) "Behavioral Health Resource Network" means an organization, Tribal entity or network of organizations that receives funds from the Oversight and Accountability Council or the Oregon Health Authority under Section 2, Chapter 2 Oregon Laws 2021 (Ballot Measure 110 (2020)) and these rules.

(5) "Case Management" means the services to assist individuals to connect to and gain access to needed services and supports outlined in an individual intervention plan; substance use disorder treatment, health care, housing, employment and training, childcare and other applicable services and supports. Case management is a separate service from recovery peer supports.

(6) "Comprehensive Behavioral Health Needs Assessment" means the process of obtaining sufficient information, including a substance use disorder screening, to determine if a diagnosis is appropriate and to create a self-identified, Individual intervention plan.

(7) "Contingency Management (CM)" is a behavioral therapy grounded in the principles of operant conditioning. CM is a method in which desired behaviors are reinforced with prizes, privileges, or cash. Incentivized behaviors may include attendance at treatment sessions and provision of negative urine specimens, Reinforcement is often provided in the form of vouchers that can be exchanged for retail goods and services. It may also include access to certain privileges, the opportunity to win a prize, or even direct cash payments.

(8) "Culturally and Linguistically Responsive Services" means the provision of effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs.

(9) "Culturally and Linguistically Specific Services" means provision of culturally and linguistically responsive services designed for a specific population by a provider who shares the culture, language, or identity with the individual seeking services.

(10) "Diagnosis" means the principal mental health or substance use diagnosis listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

(11) "Diagnostic and Statistical Manual of Mental Disorders (DSM)" refers to the Fifth Edition published by the American Psychiatric Association.

(12) "Gender Affirming Care" means health care and health related services that holistically attends to but is not limited to transgender, gender-nonconforming, non-binary, Two Spirit and intersex people's physical, mental, and social health needs and well-being while respectfully affirming their gender identity. Gender Affirming Care is sensitive and responsive to an individual's gender identities and expressions. Gender affirming care complies with non-discrimination laws.

(13) "Harm Reduction Services" means low-barrier interventions that reduce the negative individual and public health outcomes of substance use and substance related harm, such as overdose, and substance use related infections. Harm Reduction Services include, but are not limited to supported access to naloxone, sterile syringes, safer use and wound care supplies, substance use-related infectious disease screening, sobering support, contingency management, drug checking supplies, and overdose prevention sites, where the law allows.

(14) "Housing" means low-barrier shelter, provided based on individual and family needs, including but not limited to Emergency, Family, Permanent, Recovery, Supportive, and Transitional as defined below:

(a) "Emergency Housing" means temporary housing provided to persons/or families in transition for a period of up to sixty days for the purpose of facilitating the movement of such persons to a more permanent, safe, and stable living situation;

(b) "Family Housing" means housing for people with children that prioritizes not separating families, traditional or non-traditional, experiencing Substance Use Disorder (SUD) or harmful substance use;

(c) "Permanent Housing" means community-based housing without a designated length of stay and with the goal of facilitating independent living for individuals and families;

(d) "Recovery Housing" means abstinence-based or drug-free housing for people in recovery from addiction. Such housing creates a peer supportive community of individuals participating in outpatient substance use disorder treatment and those individuals with an ongoing program of recovery. Recovery Housing provides a drug free environment for all residents and is inclusive of individuals who are receiving Medication Assisted Treatment (MAT) and the practice of Intervention Before Eviction (IBE) if residents relapse;

(e) "Supportive Housing" means a low-barrier, safe place to live that supports access to lifesaving health services until the individual decides to participate in a program of recovery. The housing may or may not have drug-free requirements. The program connects individuals to treatment and recovery services when the individual chooses to seek a life without drugs or, may include Housing First or other supportive housing models;

(f) "Transitional Housing" means low-barrier housing with appropriate supportive services to homeless persons with substance use disorder or harmful substance use to facilitate movement to independent living. The housing is short term.

(15) "Individuals or persons with substance use disorder" means people with a substance disorder diagnosis or who meet the diagnostic criteria for a substance use disorder.

(16) "Individual Intervention Plan" means a plan encompassing the desired changes and outcomes of a recovery process made collaboratively between an individual and a provider.

(17) "Low-Barrier Substance Use Disorder Treatment and Recovery Services" means the absence of programmatic barriers to service delivery including practice induced stigma. Low Barrier Substance Use Disorder Treatment practices demonstrate the following:

(a) Trauma-informed services regardless of active use;

(b) Culturally and linguistically specific services;

(d) Access to treatment services available within 48 hours after an individual obtains a screening;

(e) Harm reduction approach, including the immediate goal of improving quality of life and protecting against loss of life;

(f) Individualized treatment to meet the unique needs of each individual;

(g) Unique recovery trajectories that are personal to each individual and are not dictated by treatment providers;

(h) Individuals are able to engage in treatment, including medication for substance use disorders without administrative delays, lengthy intake, assessment or treatment planning sessions;

(i) Treatment is provided without appointment requirements, prior missed appointments cannot be used to hinder access to treatment;

(j) Treatment is provided regardless of an individual's ability to pay or insurance coverage;

(k) Treatment is provided regardless of criminal history, state residency or citizenship status, or warrant status;

(l) Transportation barriers are addressed, facilitating access to treatment, services and supports;

(m) Minimal or eliminated travel between multiple service providers; and

(n) Service provider engages in outreach services and community engagement.

(18) "Organization" means any entity lawfully registered to do business in the State of Oregon, including, but not limited to, sole proprietorship, partnership, limited partnership, limited liability partnership, limited liability company, for profit corporation, or nonprofit corporation, or any government, including, but not limited to, the nine federally recognized tribes in this state, counties, cities, Council of Governments created under ORS Chapter 190, or Special Districts under ORS chapter 198, e.g. a health district organized under ORS 440.305 to 440.410.

(19) "Peer delivered supports, mentoring, and recovery services" means low-barrier community-based services, outreach, and engagement performed by a certified individual who has lived experience with addiction and recovery and who has specialized training and education and to work with people who have harm caused by substance use and/or substance use disorder. These include services provided by the following certified peer professional types:

(a) Addiction Peer Support Specialists certified under OAR 950-060;

(b) Addiction Peer Wellness Specialists certified under OAR 950-060;

(d) Youth Support Specialists certified under OAR 950-060.

(20) "Peer Delivered Services Supervisor" means a qualified individual certified as an Addiction Peer Support Specialist (PSS), Certified Recovery Mentor (CRM), or an Addiction Peer Wellness Specialist (PWS) with at least one year of experience as a PSS, CRM, or PWS in substance use disorder and addiction recovery services to evaluate and guide PSS, CRM, and PWS program staff in the delivery of peer delivered services and supports. Must provide one hour of supervision per week.

(21) "Peer-Run Organization" means an organization:

(a) In which a majority of the individuals who oversee the organization's operation and who are in positions of control have lived experience with mental health or addiction challenges;

(b) That is fully independent, separate, and autonomous from other behavioral health agencies; and

(c) That has the authority and responsibility for all oversight and decision-making on governance, financial, personnel, policy, and program issues in the organization.

(22) "Screening" means the process conducted by PSS, CRM, PWS or other addiction professional to identify circumstances that require a comprehensive behavioral health needs assessment or referrals to additional services and supports, at a minimum in the following areas:

(a) Acute care needs;

(b) Treatment for substance use disorders and co-existing health problems;

(d) Harm reduction;

(e) Addiction Peer supports;

(f) Housing;

(g) Employment and training;

(h) Childcare needs; and

(i) Food and basic needs.

(23) "Supervision for Addiction Peer Support Specialists, Certified Recovery Mentors, and Addiction Peer Wellness Specialists" means at least one hour of supervision per week by a qualified peer delivered services supervisor, and one hour per week of supervision by a qualified clinical supervisor when in a clinical setting. The supports provided include guidance in the unique discipline of peer delivered services and the roles of peer support specialists and peer wellness specialists.

(24) "Supported employment" means individualized services that assist individuals with substance use disorder in obtaining and maintaining employment in the community and in continuing treatment for the individual to ensure rehabilitation and productive employment.

(25) "Supported employment services" means services provided for supported employment, including but not limited to:

(a) Job development;

(b) Supervision and job training;

(d) Consultation with the employer;

(e) Job coaching;

(f) Counseling;

(g) Skills training; and

(h) Transportation.

History

Statutory/Other Authority: Ballot Measure 110 (2020), SB 755 (2021), ORS 430.389, ORS 430.390 & ORS 430.391
Statutes/Other Implemented: Ballot Measure 110 (2020), SB 755 (2021), ORS 430.383 & ORS 430.392
OAAC 1-2023, minor correction filed 05/24/2023, effective 05/24/2023
OAAC 3-2022, amend filed 12/07/2022, effective 12/07/2022
OAAC 2-2022, temporary amend filed 06/29/2022, effective 06/29/2022 through 12/25/2022
OAAC 1-2022, adopt filed 02/24/2022, effective 02/26/2022
OAAC 1-2021, temporary adopt filed 08/30/2021, effective 09/01/2021 through 02/27/2022

Or. Admin. R. 944-001-0020 Operational, Policy, and Service and Support Requirements of Behavioral Health Resource Networks

(1) Each Behavioral Health Resource Network (BHRN) or applicant to receive funding as a BHRN must fulfill all requirements of SB 755, Section 2(2)(d) and basic operational requirements outlined in these rules to be eligible to receive Drug Treatment and Recovery Services Funds from the Oversight and Accountability Council (OAC) and the State.

(2) Operational and policy requirements must include:

(a) BHRNs must maintain, implement, and formalize organizational policies and procedures that detail the following standards of service. Policies must include how BHRNs will offer services, including but not limited to:

(A) Culturally and Linguistically Specific Services;

(B) Culturally and Linguistically Responsive Services;

(D) Accessibility for People with Physical Disabilities;

(E) Gender Affirming and Responsive Care;

(F) LGBTQIA2S+ Affirming and Inclusive Services;

(G) Youth Friendly and Inclusive Services;

(H) Patient Centered and Non-Stigmatizing Services, including on use of person-first, non-stigmatizing language;

(I) Trauma informed engagement and care;

(J) Services for parents or non-traditional parents with minor children;

(K) Pregnant persons (where applicable);

(L) Process and procedures for data collection in compliance with OAR 944-001-0040.

(b) These policies must be established by the BHRNs after funding is received and within the first reporting cycle after receiving funding. BHRNS may seek technical assistance and a template from OAC or Oregon Health Authority (OHA) to build these policies. BHRNs must provide these policies and procedures to the OAC and OHA within 90-days of the final agreement;

(c) An individual who is authorized to perform peer delivered supports, mentoring, and recovery services or a certified alcohol and drug counselor who is available in-person, by phone, or electronically 24 hours a day, seven days a week for anyone contacting the BHRN;

(d) Posting regular office hours, access information for the 24-hour telephonic line, and electronic access to the BHRN's website, and each component organization's website. Each BHRN entity does not need to maintain a website as long as the information is available on the OAC website;

(e) Culturally and linguistically specific services must be provided throughout all the service array continuum;

(f) BHRN providers who are not culturally and linguistically specific must provide and coordinate culturally and linguistically responsive services; and

(g) BHRNs, including all component entities, must maintain and implement policies and procedures that support individual rights as outlined in this rule.

(3) Behavioral Health Resource Networks: A comprehensive BHRN must include at minimum the required services below to be funded by the OAC. These services may be provided by one or more entities who refer between and collaborate with each other. To be a BHRN, a BHRN must provide, and maintain sufficient capacity to provide, the following services and supports to individuals who use substances that cause harm or have a substance use disorder in the BHRN's county or region:

(a) Screening must be conducted by PSS, CRM, PWS or other addiction professional. Screening service must be available 24 hours a day, seven days a week, every calendar day of the year. Screening must be made available to each individual immediately upon first contact. At least one organization within each BHRN within each county or region must meet this requirement:

(A) Referral to all requested and appropriate services must be made at the time the screening is completed;

(B) Supportive services must be offered to individuals waiting for services that are not readily available;

(C) Services must be offered face-to-face or through telehealth. The modality must be based on the needs and preference of the individual as well as any safety concerns identified by the individual or the BHRN.

(b) Comprehensive behavioral health needs assessment, including a substance use disorder assessment by a certified alcohol and drug counselor or other credentialed addiction treatment professional:

(A) A comprehensive behavioral health needs assessment must be provided within 24 hours of an individual's request for an assessment through a BHRN or statewide telephone line;

(B) For substance use disorder services, each assessment must be consistent with the dimensions described in the ASAM and must document a diagnosis and level of care determination consistent with the DSM and ASAM;

(C) When co-occurring substance use, gambling disorder, mental health disorders, or any risk to health and safety are determined, BHRN must document the finding and provide appropriate referral for further assessment, planning, and intervention by an appropriate professional.

(d) Harm reduction services, information, and education. Individuals may be offered a referral for Hepatitis, HIV, STI, COVID-19, and Tuberculosis (TB) testing, vaccine, or care services if necessary;

(e) Low-barrier substance use disorder treatment and addiction recovery services:

(A) Individuals using substances by injection must be offered interim referrals or information to immediately reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of overdose and the transmission of disease;

(B) Minimum interim referral and information services must include:

(i) Counseling and education about blood borne pathogens including Hepatitis, HIV, STIs, and TB; the risks of needle and paraphernalia sharing; and the likelihood of transmission to sexual partners and infants;

(ii) Counseling and education about steps that can decrease the likelihood of Hepatitis, HIV, STI, and TB transmission;

(iii) Offering to pregnant individuals counseling on blood borne pathogen transmission, as well as the effects of alcohol, tobacco, and other drugs use on the fetus. Referral to prenatal care must be offered; and

(iv) Peer delivered supports, mentoring, and recovery services that address parenting and youth in transition support, as indicated.

(f) Flexible and low barrier housing for individuals who use substances that cause harm or have a substance use disorder:

(A) BHRNs must provide housing options that serve populations at all points on the substance use continuum. BHRNs must provide gender affirming housing options including responsive housing and shelter options for those who are transgender, gender-nonconforming, and intersex. Family housing options must be made available;

(B) BHRNs must offer all of the following types of rental assistance:

(i) Project-based vouchers;

(ii) Tenant-based vouchers;

(iii) Rapid-rehousing and eviction prevention;

(iv) Assistance for fair market rate and privately held housing;

(v) Assistance attached to a development; and

(vi) Assistance attached to wrap around services or assistance paid directly to individuals.

(C) BHRNS or applicants may also propose in their funding applications to offer other, innovative types of rental assistance in addition to these following:

(i) Single family and multifamily housing development;

(ii) Barrier busting assistance, including deposit funds, repairs, and landlord incentives; and

(iii) Mobile units, camping equipment, and campsites.

(D) Planning must assess supports that individual’s need to maintain housing, health, and recovery. This includes planning and remediation steps for those experiencing relapse in abstinence-only living environments.

(g) For BHRNs funded after January 1, 2024, expungement services or referrals to expungement services to facilitate housing, employment, and receipt of other recovery services;

(h) Assessment of the need for, and provision of, mobile or virtual outreach services as required in ORS 430.389(2)(d)(E)); and

(i) Supported employment.

(4) BHRNs must maintain adequate staffing to provide the required services and supports to individuals in the BHRN's county or region. A minimum staffing requirement for each BHRN must be at least one qualified service provider within each of the following categories:

(a) Certified alcohol and drug counselor or other credentialed addiction treatment professional;

(b) Case manager;

(d) Addiction Peer Support and Addiction Peer Wellness Specialist Supervision or Peer Delivered Services Supervisor.

(5) Each BHRN must promptly provide an individual with verification once they have completed a screening. BHRN must use the approved release of information determined by Oversight and Accountability Council and must send verification if authorized in a class E violation case in the manner prescribed by the Chief Justice of the Supreme Court. BHRNs must give individuals an opportunity to sign a release of information that must:

(a) Authorize the BHRN to send the verification form to the Oregon Health Authority (OHA) or its contractor; and

(b) Authorize OHA or its contractor to forward the verification form to the court in their case, in a manner prescribed by the Chief Justice of the Supreme Court.

(6) BHRNs must operate in a manner that honors tribal sovereignty and self-determination.

(7) In performing duties under section (3) of this rule, BHRNs must maintain partnerships and clear referral pathways to appropriate services, such as:

(a) Employment, training and education;

(b) Family counseling, parenting support and childcare;

(d) State and federal public benefits including but not limited to the Oregon Health Plan, supplemental Nutrition Assistance Program (SNAP), and Temporary Aid for Needy Families (TANF), application and attainment counseling for Social Security Insurance (SSI) and Social Security disability Insurance (SSDI);

(e) Assistance to address food insecurity;

(f) Coordination with other local, county, and state agencies as appropriate, such as social services, child welfare, or corrections;

(g) Referral and coordination with agencies providing services to those who have experienced physical abuse, sexual abuse, or other types of domestic violence;

(h) Primary care services, including primary pediatric care and immunizations for children of those seeking care; and

(i) Expungement services.

History

Statutory/Other Authority: Ballot Measure 110 (2020), SB 755 (2021), ORS 430.389, ORS 430.390 & ORS 430.391
Statutes/Other Implemented: Ballot Measure 110 (2020), SB 755 (2021), ORS 430.383 & ORS 430.392
OAAC 3-2022, amend filed 12/07/2022, effective 12/07/2022
OAAC 2-2022, temporary amend filed 06/29/2022, effective 06/29/2022 through 12/25/2022
OAAC 1-2022, adopt filed 02/24/2022, effective 02/26/2022
OAAC 1-2021, temporary adopt filed 08/30/2021, effective 09/01/2021 through 02/27/2022

Or. Admin. R. 944-001-0030 Formation of Behavioral Health Resource Networks and Funding for Behavioral Health Resource Networks

(1) Organizations, local governments, the Nine Federally Recognized Tribes of Oregon, and the Urban Indian Health Program may seek to establish a Behavioral Health Resource Network and are eligible to apply through an application process designated by the Oversight and Accountability Council. Organizations, local governments, the Nine Federally Recognized Tribes of Oregon, and the Urban Indian Health Program may seek participation in a Behavioral Health Resource Network (BHRN) by:

(a) Applying as a pre-established service provider or network of service providers that cover all of the required services outlined in SB 755, Section 2(2)(d) and in these rules;

(b) Applying as a partial network of service providers that cover some of the required services under SB 755, Section 2(2)(d) and in these rules, and seeking additional funding or partnerships to cover all the services; or

(c) Applying as a single service provider that covers one or more of the required services in SB 755, Section 2(2)(d) and in these rules, seeking to be part of a BHRN.

(2) The applicants must identify in their applications how they intend to partner with other entities to provide the services. The Oversight and Accountability Council and the Oregon Health Authority may facilitate collaboration among the applicants. A memorandum of understanding (MOU) for referral and sharing the duties of reporting must be established between partners in the BHRN prior to the distribution of grant funding from the OAC/OHA. All MOU's must be received by the OHA prior to receiving funding. If all entities in a BHRN do not establish MOU's with each other by 30 days after the grant agreement is executed, the grant agreements may be terminated. The MOU's must address at minimum referral agreements between BHRN entities, each entity's role, client confidentiality, communication plans, and means for dispute resolution between organizations. A template for the MOU's must be provided to each grant recipient. Funding will be provided directly to each entity in the BHRN. Each applicant may apply as part of a BHRN that provides more than the minimum requirements.

(3) In the timeframe discussed in subsection (2) above, applicants who propose to form a BHRN, or partial BHRN, with other service providers, must have a Memorandum of Understanding (MOU) or written agreement with the other service providers specifying their respective roles and responsibilities to meet each requirement of funding. The MOUs must detail workflows that ensure uninterrupted and seamless service delivery for all individuals. MOUs must specify processes and procedures that ensure tightly linked referral pathways, service capacity monitoring, and the use of peers to facilitate their entire service delivery.

(4) Through the application process and funding opportunity, the Oversight and Accountability Council must disburse funds so individuals in each county have access to at least one BHRN. If there are multiple BHRNs in a county, those BHRNs must communicate and refer between when appropriate or requested by the client.

(5) The Oversight and Accountability Council may provide Access to Care grants and funding to eligible applicants seeking to provide one or more of the services described in SB 755, Section 2(3)(a) or this rule. Applicants may include, but are not limited to, entities not participating in BHRNs, or organizations, local governments, or tribes that have not expressed interest in participating in a BHRN but wish to provide one or more of the services described in SB 755, Section 2(3)(a) or this rule.

(6) The Oversight and Accountability Council must prioritize culturally specific and linguistically responsive services and historically underserved populations in awarding of grant funds to establish and maintain the BHRNs.

History

Statutory/Other Authority: Ballot Measure 110 (2020) & SB 755 (2021)
Statutes/Other Implemented: Ballot Measure 110 (2020) & SB 755 (2021)
OAAC 1-2022, adopt filed 02/24/2022, effective 02/26/2022
OAAC 1-2021, temporary adopt filed 08/30/2021, effective 09/01/2021 through 02/27/2022

Or. Admin. R. 944-001-0040 Data collecting and reporting requirements for Behavioral Health Resource Networks and recipients of grants or funds

(1) Financial recordkeeping and reporting is required as follows:

(a) BHRNs and Access to Care grants and funding recipients must keep accurate books, records and accounts that are subject to inspection and audit by the Secretary of State Audits Division upon request.

(b) Additional financial reporting must be followed as outlined in each grant agreement or contract.

(2) Client demographics and client service and support reporting is required as follows:

(a) Each network and recipient must, at a minimum, collect and report on the following:

(A) Number of clients with substance use disorder receiving services from each network or recipient;

(B) Average duration of client participation and client outcomes;

(C) The number of individuals seeking assistance from the network or recipients who are denied or not connected to substance use disorder treatment and other services, and the reasons for the denials;

(D) The average time it takes for clients to access services and fulfill their individual intervention plan and the reason for any delays, such as waiting lists at referred services;

(E) Whether the average time to access services to which clients are referred, such as housing or medication assisted treatment, has increased or decreased since network or recipient received funding; and

(F) Demographic data on clients served, including self-reported demographic data on race, ethnicity, gender, and age. Each network or funding recipient must collect data in accordance with OAR 950-030.

(b) Each BHRN and Access to Care grant or funding recipient will submit a summary of how demographics are collected, including any tools used and the staff person or network entity who will collect the data. The summary must include justification for the approach.

(c) Additional client, client service, and client outcome reporting requirements must be followed as outlined in each grant or funding agreement or contract.

(d) Licensed or certified behavioral health treatment providers that are part of a network or a recipient of grants or funds, must report the entry of all clients on the mandated state data system.

History

Statutory/Other Authority: Ballot Measure 110 (2020) & SB 755 (2021)
Statutes/Other Implemented: Ballot Measure 110 (2020) & SB 755 (2021)
OAAC 2-2023, minor correction filed 05/24/2023, effective 05/24/2023
OAAC 1-2022, adopt filed 02/24/2022, effective 02/26/2022
OAAC 1-2021, temporary adopt filed 08/30/2021, effective 09/01/2021 through 02/27/2022

Division 10 Behavioral Health Resource Networks

Or. Admin. R. 944-010-0000 Behavioral Health Resource Networks

(1) These rules prescribe general criteria and requirements for each Behavioral Health Resource Network (BHRN), individually and jointly, including the requirements to collect and report information necessary for the Secretary of State to conduct financial and performance audits required by ORS 430.392.

(2) These rules 944-010-0000 through 944-010-0090 apply to a BHRN and/or funded entities authorized to provide services on and after July 1, 2025.

History

Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390
DTRS 1-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0010 Definitions

(1) "ASAM Criteria" means the Fourth Edition of the American Society of Addiction Medicine (ASAM) for the Treatment of Addictive, Substance-related, and Co-Occurring Conditions, which is a clinical guide to develop patient-centered service plans and make objective decisions about levels of care, continuing care, and transfer or discharge for individuals.

(2) “The Authority” means Oregon Health Authority.

(3) "Behavioral Health" includes mental health, substance use, substance use disorders, and problem gambling.

(4) “Funded Entity” means an organization, local or state governmental body, or one of the nine federally recognized Tribes of Oregon, that individually provides some or all of the services described in ORS 430.389(2)(e), that is funded by the Authority under ORS 430.389.

(5) "Behavioral Health Resource Network" means a collection of funded entities that network to provide all required service areas as described in ORS 430.389.(2).

(6) “Contingency Management” (CM) means a structured, evidence-based therapy that provides incentives to reinforce targeted individuals’ behavior among people with substance use disorder (SUD), including but not limited to encouraging individuals to achieve their goals by providing them with tangible reinforcements soon after an individual completes a treatment adherent behavior, like attending a therapy visit, taking a prescribed medication, or a reduction in drug use.

(7) "Culturally and Linguistically Responsive Services" means the provision of effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs.

(8) "Culturally and Linguistically Specific Services" means quality substance use prevention, treatment, and recovery supports and services that are designed specifically for a distinct minoritized cultural community, developed based on the languages used and cultural values of the distinct minoritized cultural community and designed to elevate their voices and experiences, and that have the aim of enhancing emotional safety, belonging, and a shared collective cultural experience for healing and recovery among the distinct cultural community served. These services are primarily led and staffed by people that have extensive experience working with or being immersed in the same minoritized cultural community they serve or have a history of at least five years primarily serving the specified minoritized cultural community in a behavioral health setting.

(9) "Diagnosis" means the principal mental health or substance use diagnosis listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

(10) "Diagnostic and Statistical Manual of Mental Disorders (DSM)" refers to the Fifth Edition published by the American Psychiatric Association.

(11) “Employment support services” mean individualized services that assist individuals with substance use disorder in obtaining and maintaining employment in the community and in continuing treatment to ensure rehabilitation and productive employment which can include but is not limited to:

(a) Job development;

(b) Supervision and job training;

(d) Consultation with the employer;

(e) Job coaching;

(f) Counseling;

(g) Skills training; and

(h) Transportation.

(13) "Individuals or persons with substance use disorder" means people with a substance disorder diagnosis or who meet the diagnostic criteria for a substance use disorder.

(14) "Individual intervention plan" means a plan encompassing the desired changes and outcomes of a recovery process made collaboratively between an individual and a provider.

(15) "Organization" means any entity lawfully registered to do business in the State of Oregon, including, but not limited to, sole proprietorship, partnership, limited partnership, limited liability partnership, limited liability company, for profit corporation, or nonprofit corporation.

(16) “Peer Delivered Services Supervisors” means qualified individuals certified as an Addiction Peer Support Specialist (PSS), Certified Recovery Mentor (CRM), or an Addiction Peer Wellness Specialist (PWS) with at least one year of experience as a PSS, CRM, or PWS in substance use disorder and addiction recovery services who evaluates and guides PSS, CRM, and PWS program staff in the delivery of peer delivered services and supports.

(17) "Peer-Run Organization" means an organization:

(a) In which a majority of the individuals who oversee the organization's operation and who are in positions of control have lived experience with mental health or addiction challenges;

(b) That is fully independent, separate, and autonomous from other behavioral health agencies; and

(c) That has the authority and responsibility for all oversight and decision-making on governance, financial, personnel, policy, and program issues in the organization.

(18) “Substance use disorder treatment” means outpatient, intensive outpatient, and residential services and supports for individuals with substance use disorders which can include but is not limited to:

(a) Cognitive or behavioral therapies;

(b) Contingency management;

(d) Medication assisted treatment (MAT).

(19) “These rules” mean OAR 944-010-0000 to 944-010-0090.

History

Statutory/Other Authority: ORS 430.389, 430.390, 430.391 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 1-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0020 Operational, Policy, and Service and Support Requirements of Behavioral Health Resource Networks

(1) An entity that receives funding under ORS 430.389(2) must:

(a) Provide services in compliance with ORS 430.389 and these rules;

(b) Maintain, implement, and formalize organizational policies and procedures that detail how it will operate and offer services, including but not limited to policies and procedures for:

(A) Culturally and Linguistically Specific Services;

(B) Culturally and Linguistically Responsive Services;

(D) Accessibility for People with Physical Disabilities;

(E) Gender Affirming and Responsive Care;

(F) LGBTQIA2S+ Affirming and Inclusive Services;

(G) Youth Friendly and Inclusive Services;

(H) Patient Centered and Non-Stigmatizing Services, including on use of person-first, non-stigmatizing language;

(I) Trauma informed engagement and care;

(J) Services for parents or non-traditional parents with minor children;

(K) Pregnant persons, if applicable; and

(L) Data collection in compliance with OAR 944-010-0090.

(c) If not providing culturally and linguistically specific services, provide and coordinate culturally and linguistically responsive services.

(2)Each entity must maintain adequate staffing to provide the required services and supports to individuals they serve. At least one qualified service provider within each of the following categories must be employed by the entity or entities that comprise the BHRN:

(a) A certified alcohol and drug counselor or other credentialed addiction treatment professionals acting within their scope of practice;

(b) A case manager.

(d) An addiction peer wellness specialist certified by the authority.

(e) A recovery mentor, certified by the Mental Health and Addiction Certification Board of Oregon or its successor organization.

(f) A youth support specialist certified by the authority.

(g) An addiction peer support and addiction peer wellness specialist supervisor or peer delivered services supervisor.

(3) Each BHRN must maintain partnerships and clear referral pathways to appropriate services and opportunities, including but not limited to:

(a) Employment, training, and education;

(b) Family counseling, parenting support, and childcare;

(e) Assistance to address food insecurity;

(f) Coordination with other local, county, and state agencies as appropriate, such as social services, child welfare, or corrections;

(g) Referral and coordination with agencies providing services to those who have experienced physical abuse, sexual abuse, or other types of domestic violence;

(h) Primary care services, including primary pediatric care and immunizations for children of those seeking care; and

(i) Expungement services.

History

Statutory/Other Authority: ORS 430.389, 430.390 & 430.391
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0030 Screenings

(1) Screening services provided by an entity funded under ORS 430.389(2) must be provided by a Peer Support Specialist, Certified Recovery Mentor, Peer Wellness Specialist, or other addiction professional acting within their scope of practice to determine whether an individual needs a comprehensive behavioral health needs assessment or referrals to additional services and supports. A screening must at a minimum cover the following:

(a) Acute care needs;

(b) Treatment for substance use disorders and co-existing health problems;

(d) Harm reduction;

(e) Addiction Peer supports;

(f) Housing;

(g) Employment and training;

(h) Childcare;

(i) Food and other basic living needs; and

(j) The need for, and provision of, mobile or virtual outreach services.

(2) Screening services must be provided with 48 hours of initial client contact.

(3) Once screening is completed, an individual must be provided, at a minimum, with:

(a) Referrals to all requested and appropriate services.

(b) Supportive services if the individual is waiting for services that are not readily available.

(4) If, after the completion of a screening, an individual indicates a desire to address some or all of the identified needs, a case manager must work with the individual to design an individual intervention plan. The plan must address all of the individual’s needs identified in the screening.

History

Statutory/Other Authority: ORS 430.389, 430.390, ORS 430.383 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.383, 430.389, 430.390 & 430.392
DTRS 1-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0040 Comprehensive Behavioral Health Needs Assessments

(1) Comprehensive behavioral health needs assessment services provided by an entity funded under ORS 430.389(2) must include a substance use disorder screening to determine if an individual has been appropriately diagnosed with a substance use disorder or other co-occurring disorders including but not limited to gambling disorders and mental health disorders, to create a self-identified individual intervention plan.

(2) Assessments and/or diagnoses provided by a funded entity must be conducted by a certified alcohol and drug counselor or other credentialed addiction treatment professional acting within their scope of practice.

(3) An assessment must prioritize the self-identified needs of an individual and must:

(a) Be provided within 72 hours of an individual's request for an assessment or from a referral.

(b) For substance use disorder services, be consistent with the dimensions described in the ASAM and document a diagnosis and level of care determination consistent with the DSM and ASAM.

(4) When an assessment provided by a funded entity identifies a co-occurring gambling disorder, mental health disorders, or any risk to health and safety the entity must document the finding and provide appropriate referrals for further assessment, planning, and intervention by an appropriate professional.

(5) Case Management services must also be provided by a funded entity to assist individuals to connect to and gain access to needed services and supports outlined in an individual intervention plan; substance use disorder treatment, health care, housing, employment and training, childcare and other applicable services and supports.

History

Statutory/Other Authority: ORS 430.389, 430.390, 430.391 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 1-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0050 Ongoing Peer Counseling and Support

(1) Each Behavioral Health Resource Network must provide the following ongoing peer counseling and support services, but no single funded entity is required to provide all of the services:

(a) Implementation of individual intervention plans created in accordance with OAR 944-010-0040,

(b) Harm reduction services as described in 944-010-0060, and,

(c) Direct outreach with marginalized community members who could potentially benefit from the services described in these rules, including but not limited to services provided by:

(A) Peer Support Specialists certified under OAR 950, Division 060;

(B) Peer Wellness Specialists certified under OAR 950, Division 060;

(D) Youth Support Specialists certified under OAR 950, Division 060.

(2) When an entity is funded under ORS 430.389(2) to provide ongoing peer support, the peer support must be provided through:

(a) Implementation of individual intervention plans created in accordance with OAR 944-010-0040, or

(b) Harm reduction services as described in 944-010-0060; or

(c) Direct outreach with marginalized community members who could potentially benefit from the services described in these rules, including but not limited to services provided by:

(A) Peer Support Specialists certified under OAR 950, Division 060;

(B) Peer Wellness Specialists certified under OAR 950, Division 060;

(D) Youth Support Specialists certified under OAR 950, Division 060.

(3) A funded entity providing ongoing peer support must have at least one hour of supervision for peers every two weeks by a qualified peer delivered services supervisor or a qualified clinical supervisor when in a clinical setting. The supervision supports provided must include guidance in the unique discipline of peer delivered services and the roles of Addiction Peer Support Specialists, Certified Recovery Mentors, and Addiction Peer Wellness Specialists.

(4) Peer supports may but are not required to include employment support services.

History

Statutory/Other Authority: ORS 430.389, 430.390, 430.391 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 1-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0060 Harm Reduction Services, Information and Education

(1) Harm reduction services provided by an entity funded under ORS 430.389(2) must be low-barrier and must reduce the negative individual and public health outcomes of substance use and substance related harm.

(2) Harm reduction services provided by a funded entity can include but are not limited to:

(a) Access to naloxone;

(b) Sterile syringes;

(d) Substance use-related infectious disease screening;

(e) Sobering support;

(f) Contingency management;

(g) Drug checking supplies; and

(h) Information and education about harm reduction services.

(i) Referral for Hepatitis, HIV, STI, COVID-19, and Tuberculosis (TB) testing, vaccine, or other healthcare services.

History

Statutory/Other Authority: ORS 430.389, 430.390 & 430.391
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0070 Low-Barrier Substance Use Treatment

(1) An entity funded under ORS 430.389(2) to provide low-barrier substance use treatment:

(a) Can not:

(A) Have programmatic barriers such as lengthy intake, appointment requirements, assessments or treatment planning sessions.

(B) Exclude individuals because of prior missed appointments.

(b) Must provide treatment services:

(A) With little or no wait time, but no more than 48 hours after a screening and an assessment that identifies substance use treatment as a needed service.

(B) Regardless of an individual’s ability to pay or insurance coverage.

(d) Must offer individuals using substances by injection, interim referrals, or information to immediately reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of overdose and the transmission of disease, including but not limited to:

(A) Counseling and education about blood borne pathogens including Hepatitis, HIV, STIs, and TB; the risks of needle and paraphernalia sharing; and the likelihood of transmission to sexual partners and infants;

(B) If the individual is pregnant, counseling on blood borne pathogen transmission, as well as the effects of alcohol, tobacco, and other drugs use on the fetus, and a referral to prenatal care; and

(C) Peer delivered supports, mentoring, and recovery services that address parenting and youth in transition support, if applicable.

(2) A funded entity must provide treatment that:

(a) Is without stigma.

(b) Is trauma-informed regardless of active use.

(d) Uses a harm reduction approach, including the immediate goal of improving quality of life and protecting against loss of life.

(e) Is individualized to meet the unique needs of each individual.

(f) Provides unique recovery trajectories personal to each individual rather than dictated by treatment providers.

(g) Includes medication for substance use disorders or a referral, if appropriate.

(3) To facilitate low-barrier substance use treatment an entity must address any transportation barriers facing the individual in order to facilitate access to treatment, services and supports, including minimizing or eliminating travel between multiple service providers.

History

Statutory/Other Authority: ORS 430.389, 430.390 & 430.391
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0080 Transitional and Supportive Housing for Individuals with Substance Use

(1) An entity funded under ORS 430.389(2) to provide transitional and supportive housing for individuals with substance use disorders must prior to providing housing conduct an assessment of an individual’s needs.

(2) A funded entity providing transitional and supportive housing must provide at least one of the following types of transitional or supportive housing based on an individual’s assessment, to serve individuals at all points on the substance use continuum, and across the gender spectrum, for those who are transgender, gender-nonconforming, and intersex:

(a) Emergency housing for individuals or families in transition for a period of up to sixty days for the purpose of facilitating the movement of such persons to a more permanent, safe, and stable living situation.

(b) Family housing for individuals with dependents that prioritizes not separating families, traditional or non-traditional.

(c) Permanent housing that includes supports for independent living for individuals with substance use disorders and their families, that does not have a designated length of stay.

(d) Recovery housing that is abstinence-based or drug-free for people in recovery from addiction, that includes a peer supportive community of individuals participating in outpatient substance use disorder treatment and those individuals with an ongoing program of recovery. Recovery housing must permit individuals to continue to receive Medication Assisted Treatment (MAT) and must provide intervention before eviction strategies if a resident relapses.

(e) Supportive housing that provides a safe place to live along with supports to the individual from the provider for accessing lifesaving health services until the individual decides to participate in a program of recovery, and referrals for treatment and recovery services when the individual chooses to seek a life without drugs. Supportive housing could or could not have drug-free requirements.

(f) Transitional Housing for individuals who are houseless along with appropriate supportive services to facilitate movement to independent living and is short term.

(3) In addition to housing services described in subsection (1) of this rule, a funded entity may offer any of the following types of rental assistance:

(a) Section 8 vouchers;

(b) Tenant-based vouchers;

(d) Assistance for fair market rate, privately held housing; or

(e) Assistance attached to wrap around services or assistance paid directly to individuals.

History

Statutory/Other Authority: ORS 430.389, 430.390 & 430.391
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-010-0090 Data collecting and reporting requirements for recipients of grants or funds

(1) An entity that receives funding under ORS 430.389(2) must:

(a) Keep accurate books records and accounts in accordance with Generally Acceptable Accounting Procedures (GAAP) that are subject to inspection and audit by the Oregon Health Authority (the Authority) or Secretary of State Audits Division upon request.

(b) Conduct a single audit performed by an independent certified public accountant of financial statements after the first $1,000,000.00 of grant funding has been expended and annually thereafter throughout the duration of the grant.

(2) An entity that receives funding under ORS 430.389(2) must collect and provide to the Authority, according to a schedule prescribed by the Authority and in a format required by the Authority the following:

(a) The number of individuals with substance use disorder receiving services from the entity .

(b) The average duration of individual participation.

(d) The number of individuals seeking assistance who are denied or not connected to services described in these rules and the reasons for the denials.

(e) The average time it takes for individuals to access services and fulfill their individual intervention plan and the reason for any delays, such as waiting lists at referred services.

(f) Whether the average time to access services to which individuals are referred, such as housing or medication assisted treatment, has increased, or decreased since funding was received funding.

(g) Individual level demographic data on individuals served, including self-reported demographic data on race, ethnicity, gender, disability, language, sexual orientation and age, in accordance with OAR 950, Division 30.

(3) Nothing in this rule is intended to replace a licensed or certified behavioral health treatment provider from complying with other legal requirements to report information on individuals to applicable state data systems.

(4) A federally recognized Tribe that receives funds from the Drug Treatment and Recovery Services Fund established in ORS 430.384 will collect and maintain the information specified in section (2) of this rule, that is applicable to the Tribe and provide data to the Authority upon request in a manner that is mutually agreeable to the Tribe and the Authority.

History

Statutory/Other Authority: ORS 430.389, 430.390 & 430.391
Statutes/Other Implemented: ORS 430.383 & 430.392
DTRS 3-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 1-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Division 20 Drug Treatment and Recovery Services Fund (DTRSF) Grants

Or. Admin. R. 944-020-0000 Grant Application Process for Drug Treatment and Recovery Services Funds

(1) The Oregon Health Authority (the Authority) must implement a grant application and award for funding entities to provide services described in OAR 944-010-0030 to 944-010-0080 that includes a competitive application process but can also include direct grant awards.

(2) The Authority must announce the availability of funding from the Drug Treatment and Recovery Services Fund (DTRSF) and provide instructions for applying for such funding. The announcement of funding must include at a minimum:

(a) A description of the fund;

(b) Available funding;

(d) Term of the grant;

(e) Estimated effective date and allowable cost periods;

(f) Template grant agreement;

(g) Template budget;

(h) Template declaration of covenants to secure property, if applicable;

(i) Minimum application criteria;

(j) Rating criteria; and

(k) Application materials consistent with section (3) of this rule.

(3) An application for DTRSF funding must contain all information required by the Authority, including but not limited to:

(a) A detailed scope of work that provides a description of the services to be offered within the categories listed in ORS 430.389(2)(e). The description must include a plan for how the applicant would use funding to expand applicant’s existing service offerings and a detailed staffing plan to provide services, indicating what, if any, services would be subcontracted;

(b) Documentation of the applicant’s experience offering the proposed services;

(c) Documentation of the applicant’s experience with providing any of the following, as these terms are described in OAR 944, Division 010:

(A) Trauma-informed services;

(B) Culturally and linguistically specific services;

(D) Services to individuals with intellectual and developmental disabilities;

(E) Services to individuals with physical disabilities;

(F) Gender affirming and responsive care;

(G) LGBTQIA2S+ affirming and inclusive services;

(H) Youth friendly and inclusive services;

(I) Services for parents or non-traditional parents with minor children; and

(J) Pregnant persons.

(d) If the applicant is a past recipient of DTRSF funding, a detailed description of the services provided, and the effectiveness of services provided with accompanying documentation;

(e) A detailed operating budget for each proposed service category using the provided template and including a budget narrative;

(f) A detailed budget describing all streams of funding approved to perform current program deliverables;

(g) An operating plan that includes timelines for providing services if funded with DTRSF funds, and the estimated number of individuals to be served over the term of the grant for each service type;

(h) The number of employees and the number of contractors, listed separately, currently working for or under contract with the applicant, including but not limited to the qualifications of each employee or contractor involved in providing direct individual services;

(i) Documentation showing if the applicant actively works with other community organizations and if applicable, state, or local government agencies to provide services;

(j) Documentation of the applicant's experience with managing and accounting for grant funds, including but not limited to whether the applicant has an accountant on staff or on contract, and identification of the system used for tracking the receipt of funds and expenditures;

(k) Documentation of the applicant’s experience with collecting program and individual data, including but not limited to identification of the system or systems used for collecting program and individual data;

(l) Whether the applicant has experience working with Excel;

(m) If applicant is a non-profit organization, current registration with the Oregon Department of Justice Charitable Activities Division;

(n) Current Secretary of state registration information;

(o) Documentation of current insurance coverage for commercial liability insurance, workers compensation insurance, and professional liability insurance if currently in business, with coverage limits;

(p) Whether the applicant has the ability to bill Medicaid or other health insurers, and if so, a description of how applicant intends to track funding to ensure it does not supplant insurance; and

(q) Documentation of two years' worth of historical financial information prior to application, in the form of financial statements or tax returns.

(4) Completed applications must be submitted to a Single Point of Contact (SPC) as listed on the Request for Grant Application.

(5) Applications must be reviewed by Authority staff to determine if the applicant meets the initial minimum application criteria. An applicant that does not meet the initial minimum application criteria must be notified in writing and can appeal that decision in accordance with OAR 944-020-0030.

(6) Applications that meet the minimum application criteria must be evaluated by a review panel established by the Director or their designee. The review panel must include at least three members of the Oversight and Accountability Council. All members of the review panel must be screened for conflicts of interest prior to reviewing and rating applications.

(7) Evaluation by the Authority’s review panel must be in accordance with OAR 944-020-0010.

History

Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390
DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-020-0010 Grant Application Review Criteria

(1) The Authority’s grant review panel will review and evaluate each grant application based on the following criteria:

(a) If the grantee has previously received DTRSF funding, the effectiveness of services provided.

(b) The demonstrated commitment of the applicant to providing culturally and linguistically responsive or specific services;

(d) The demonstrated commitment to work with other funded organizations proposing to comprise a BHRN in a county;

(e) The demonstrated commitment to financial soundness and administrative capacity to fulfill grant requirements, as demonstrated by two-years of financial information;

(f) Feasibility and alignment of the statement of work with ORS 430.383 and OAR 944, Division 10;

(g) Clarity of proposed project plan, including but not limited to, number of staff and reasonableness of staff salaries;

(h) Number of proposed individuals to be served is proportionate to the funding request;

(i) Clarity and specificity of the budget and budget narrative; and

(j) Whether grantee adhered to all directions in the application, including but not limited to, following word count, submitting all required materials, using all required templates and forms, and meeting all prescribed deadlines.

(2) Each reviewer must complete an evaluation sheet for each applicant that results in a numeric score.

(3) A grant application that does not receive a minimum score must not be considered further and the applicant must be notified in writing and can appeal that decision in accordance with OAR 944-020-0030.

(4) Once all the applications have been evaluated and scored the review panel may meet, as many times as is necessary, and must provide final funding recommendations to the Authority. The Authority may consult the Oversight and Accountability Council before making final funding decisions. The review panel must, to the greatest extent practicable, recommend at least one applicant in each service area, in each county.

History

Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390
DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-020-0020 Grant Approval Process

(1) OHA shall determine funding awards under ORS 430.389. The Authority may consult the OAC on funding priorities and distributions but retains final decision-making authority.

(2) Any applicants selected for funding by the Authority will be notified in writing along with information about how to appeal that decision under OAR 944-020-0030.

History

Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390
DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

Or. Admin. R. 944-020-0030 Appeal of Denial of Grant

(1) For applications submitted to the Authority before January 1, 2026, applicant that was notified that they did not meet minimum grant application criteria or did not receive a minimum evaluation score, can submit a written request to the Authority within five (5) business days after receiving the notice described in OAR 944-020-0000(5) or 944-020-0010(3). A written appeal request must include:

(a) The application and all application materials submitted to the Authority; and

(b) A concise statement explaining why the applicant believes they meet the minimum application criteria or should have received a higher evaluation score.

(2) The Authority Director or designee must approve or deny the request for an appeal submitted under section (1) of this rule and must notify the applicant in writing of the decision to approve or deny the requested appeal within 10 business days of receipt of the appeal. The decision is final.

(3) For applications submitted to the Authority before January 1, 2026, an applicant that was notified that they were not funded can submit a written protest to the Authority Director of designee within seven (7) business days after receiving the notice described in OAR 944-020-0020(2).

(4) Content of Protest. An applicant that submits a protest as described in OAR 944-020-0030(3) shall specify the grounds for the protest to be considered by the Authority pursuant to ORS 279B.410(1). The protest must describe how the applicant would be eligible to be awarded the grant in the event that the protest was successful and the reason for the protest is that:

(a) All higher ranked applications are nonresponsive;

(b) The Authority has failed to conduct the evaluation of applications in accordance with the criteria or processes described in the solicitation materials (including but not limited to the Request for Grant Applications);

(d) The Authority’s evaluation of applications or the Authority’s subsequent determination of award is otherwise in violation of ORS Chapter 430 or OAR Chapter 944, Division 20.

(5) The Authority Director or designee must notify the applicant in writing of the decision to approve or deny the protest within 10 business days of its decision. If the Authority upholds the protest, in whole or in part, the Authority may in its sole discretion either award the grant to the successful protestor or cancel the solicitation.

(6) Judicial Review. Judicial review of the Authority’s decision relating to an award protest shall be in accordance with ORS 279B.415. For purposes of this rule, the protest of “contract awards” under ORS 279B.415 includes grant awards under OAR Chapter 944 Division 20.

History

Statutory/Other Authority: ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025)
Statutes/Other Implemented: ORS 430.389(2)(a) & 430.390
DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024

OAR Chapter 944 — Oregon Health Authority, Drug Treatment and Recovery Services

Division 1 Behavioral Health Resource Networks (BHRN)

Or. Admin. R. 944-001-0000 Purpose

Or. Admin. R. 944-001-0010 Definitions

Or. Admin. R. 944-001-0020 Operational, Policy, and Service and Support Requirements of Behavioral Health Resource Networks

Or. Admin. R. 944-001-0030 Formation of Behavioral Health Resource Networks and Funding for Behavioral Health Resource Networks

Or. Admin. R. 944-001-0040 Data collecting and reporting requirements for Behavioral Health Resource Networks and recipients of grants or funds

Division 10 Behavioral Health Resource Networks

Or. Admin. R. 944-010-0000 Behavioral Health Resource Networks

Or. Admin. R. 944-010-0010 Definitions

Or. Admin. R. 944-010-0020 Operational, Policy, and Service and Support Requirements of Behavioral Health Resource Networks

Or. Admin. R. 944-010-0030 Screenings

Or. Admin. R. 944-010-0040 Comprehensive Behavioral Health Needs Assessments

Or. Admin. R. 944-010-0050 Ongoing Peer Counseling and Support

Or. Admin. R. 944-010-0060 Harm Reduction Services, Information and Education

Or. Admin. R. 944-010-0070 Low-Barrier Substance Use Treatment

Or. Admin. R. 944-010-0080 Transitional and Supportive Housing for Individuals with Substance Use

Or. Admin. R. 944-010-0090 Data collecting and reporting requirements for recipients of grants or funds

Division 20 Drug Treatment and Recovery Services Fund (DTRSF) Grants

Or. Admin. R. 944-020-0000 Grant Application Process for Drug Treatment and Recovery Services Funds

Or. Admin. R. 944-020-0010 Grant Application Review Criteria

Or. Admin. R. 944-020-0020 Grant Approval Process

Or. Admin. R. 944-020-0030 Appeal of Denial of Grant

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