Section 430.392 - [Operative 9/1/2024] Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund(1) The Division of Audits of the office of the Secretary of State shall conduct performance audits and financial reviews as provided in this section, regarding the uses of the Drug Treatment and Recovery Services Fund and the effectiveness of the fund in achieving the purposes of the fund and the policy objectives of ORS 430.383. Recipients of grants or funds under ORS 430.389 shall keep accurate books, records and accounts that are subject to inspection and audit by the division.(2) The division shall monitor and report on the progress in implementing any recommendations made in the audit or financial review. The division shall follow up on recommendations as part of recurring audit work or as an activity separate from other audit activity. When following up on recommendations, the division may request from the appropriate agency evidence of implementation.(3) The audits set forth in this section shall be conducted pursuant to the provisions of ORS chapter 297, except to the extent any provision of ORS chapter 297 conflicts with any provision of ORS 430.383 to 430.390 and 430.394, in which case the provisions of ORS 430.383 to 430.390 and 430.394 shall control.(4) No later than December 31, 2023, the division shall perform a: (a) Real-time audit, as prescribed by the division, which shall include an assessment of the relationship between the Oversight and Accountability Council and the Oregon Health Authority, the relationship between the council and recipients of grants or funding and the structural integrity of ORS 430.383 to 430.390 and 430.394, including but not limited to assessing: (A) Whether the organizational structure of the council contains conflicts or problems.(B) Whether the rules adopted by the council are clear and functioning properly.(C) Whether the council has sufficient authority and independence to achieve the council's mission.(D) Whether the authority is fulfilling the authority's duties under ORS 430.384, 430.387, 430.390 and 430.391.(E) Whether there are conflicts of interest in the process of awarding grants or funding.(F) Whether there are opportunities to expand collaboration between the council and state agencies.(G) Whether barriers exist in data collection and evaluation mechanisms.(H) Who is providing the data.(I) Other areas identified by the division.(b) Financial review, which shall include an assessment of the following: (A) Whether grants and funding are going to organizations that are culturally responsive and linguistically specific, including an assessment of: (i) The barriers that exist for grant and funding applicants who are Black, Indigenous or People of Color.(ii) The applicants that were denied and why.(iii) Whether grants and other funding are being disbursed based on the priorities specified in ORS 430.389.(iv) For government entities receiving grants or funding under ORS 430.389, the government entities' subgrantees and whether the governmental entity supplanted or decreased any local funding dedicated to the same services after receiving grants or funds under ORS 430.389.(v) What proportion of grants or funds received by grantees and others under ORS 430.389, was devoted to administrative costs.(B) The organizations and agencies receiving grants or funding under ORS 430.389 and: (i) Which of the organizations and agencies are Behavioral Health Resource Network entities.(ii) The amount each organization and agency received.(iii) The total number of organizations and agencies that applied for grants or funding.(iv) The amount of moneys from the fund that were used to administer the programs selected by the council.(v) The moneys that remained in the Drug Treatment and Recovery Services Fund after grants and funding were disbursed.(5) No later than December 31, 2025, the division shall conduct a performance audit, which must include an assessment of the following: (a) All relevant data regarding the implementation of ORS 430.391, including demographic information on individuals who receive citations for a drug enforcement misdemeanor described in section 35 of this 2024 Act and whether the citations resulted in connecting the individuals with treatment.(b) The functioning of:(A) Law enforcement and the courts in relation to drug enforcement misdemeanors described in section 35 of this 2024 Act;(B) The telephone hotline operated by the authority;(C) Entities providing verification of screenings under ORS 430.389; and(D) The grants and funding systems between the council, the authority and recipients of grants or funding, including by gathering information about which entities are receiving grants or funding and what the grants or funding are used for, the process of applying for grants or funding and whether the process is conducive to obtaining qualified applicants for grants or funding who are from communities of color.(c) Disparities shown by demographic data and whether the citation data reveals a disproportionate use of citations in communities most impacted by the war on drugs.(d) Whether ORS 430.389 and 430.391 reduce the involvement in the criminal justice system of individuals with substance use.(e) Training opportunities provided to law enforcement officials regarding services that are available and how to connect individuals to the services.(f) The efficacy of issuing citations as a method of connecting individuals to services.(g) The role of the implementation of ORS 430.383 to 430.390 and 430.394 in reducing overdose rates.(h) Outcomes for individuals receiving treatment and other social services under ORS 430.389, including, but not limited to, the following:(A) Whether access to care increased since December 3, 2020, and, if data is available, whether, since December 3, 2020: (i) The number of drug and alcohol treatment service providers increased.(ii) The number of culturally specific providers increased.(iii) Access to harm reduction services has increased.(iv) More individuals are accessing treatment than they were before December 3, 2020.(v) Access to housing for individuals with substance use has increased.(B) Data on Behavioral Health Resource Networks and recipients of grants and funding under ORS 430.389, including: (i) The outcomes of each network or recipient, including but not limited to the number of clients with substance use receiving services from each network or recipient, the average duration of client participation and client outcomes.(ii) The number of individuals seeking assistance from the network or recipients who are denied or not connected to substance use treatment and other services, and the reasons for the denials.(iii) 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.(iv) Whether average times to access services to which clients are referred, such as housing or medically assisted treatment, have decreased over time since December 3, 2020.(v) Demographic data on clients served by Behavioral Health Resource Networks, including self-reported demographic data on race, ethnicity, gender and age.(i) Each recipient of a grant or funding.(j) Other areas identified by the division for ascertaining best practices for overdose prevention.(6) The division shall conduct periodic performance audits and financial reviews pursuant to the division's annual audit plan and taking into consideration the risks of the program.Amended by 2024 Ch. 70,§ 69, eff. 4/1/2024, op. 9/1/2024.Amended by 2023 Ch. 248,§ 10, eff. 1/1/2024. 2021 c. 2, § 24; 2021 c. 591, § 22 This section is set out more than once due to postponed, multiple, or conflicting amendments.