Or. Admin. R. 309-008-0500

Current through Register Vol. 63, No. 8, August 1, 2024

Section 309-008-0500 - Response to Application

(1) Within 60 days upon receipt of application materials, the Division shall conduct a comprehensive audit of the application materials to determine compliance with these rules:

(a) If the application is found to be complete and the materials demonstrate compliance with applicable administrative rules, the Division may contact the applicant to schedule a certification review;

(b) If the application is not complete or does not demonstrate compliance, the Division shall provide written notice of the incomplete or noncompliant application describing any necessary amendment to the application. The applicant must submit an amended application to the Division within 14 calendar days of receipt of the Division's notice.

(2) The Division shall issue a written notice of intent to deny completed applications in accordance with ORS 183.

(3) An application for certification may be denied when:

(a) The applicant's proposed behavioral health treatment services are not subject to the service delivery rules listed in OAR 309-008-0100(2) and, therefore, are not subject to certification under these rules;

(b) The applicant fails to demonstrate the ability to sustain substantial compliance with applicable statutes, administrative rules, or other applicable regulations;

(c) The applicant's operation would threaten the health, welfare, or safety of one or more individuals or the public; or

(d) The applicant submits an application within 180 days of a prior application denial or certificate revocation under these rules by the Division.

(4) The Division may issue a notice of intent to deny a completed application when:

(a) The applicant has previously had any certification or license suspended or revoked by the Division, the Authority, the Department of Human Services, or any other similar state agency outside of Oregon;

(b) The applicant employs or contracts with any program staff for whom there is substantiated evidence of abuse, neglect, or mistreatment;

(c) The applicant is listed on any current Medicaid exclusion list under OAR 410-120-1380; or

(d) The applicant submits false or inaccurate information to the Division.

(5) An applicant may withdraw an initial or renewal application at any time prior to the Division acting on the application unless the Division has determined that the applicant submitted false or misleading information in which case the Division may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with this rule.

Or. Admin. R. 309-008-0500

MHS 16-2016, f. 11-28-16, cert. ef. 11/30/2016; MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018; BHS 11-2018, amend filed 05/10/2018, effective 5/10/2018

Statutory/Other Authority: ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556

Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637