Or. Admin. Code § 410-170-0060

Current through Register Vol. 63, No. 11, November 1, 2024

Section 410-170-0060 - Discharge from the BRS Contractor or BRS Provider

(1) Planned discharge initiated by the BRS contractor, BRS provider, or the agency:

(a) Initiated by the BRS contractor or BRS provider:

(A) The BRS contractor shall, and require that its BRS providers, notify the caseworker in writing as soon as reasonably practicable regarding its intent to initiate the planned discharge of the BRS client from its program;

(B) Following notification, the BRS contractor or BRS provider and caseworker shall meet to discuss the case. If a discharge date can be agreed upon, the BRS client shall be discharged on that date. If they cannot agree, the caseworker shall remove the BRS client from the program within 30 days from the original written notice to the caseworker, resulting in the BRS client's planned discharge.

(b) Initiated by the agency:

(A) The BRS client's caseworker shall notify the BRS contractor or BRS provider in writing as soon as reasonably practicable regarding the agency's intent to initiate the planned discharge of the BRS client from its program;

(B) Following notification, the caseworker and the BRS contractor or BRS provider must meet to discuss the case. If a discharge date can be agreed upon, the BRS client must be discharged on that date. If they cannot agree, the caseworker may remove the BRS client from the program resulting in the BRS client's planned discharge.

(2) Emergency Discharge:

(a) Initiated by the BRS contractor or BRS provider:

(A) The BRS contractor or BRS provider may request the immediate discharge of a BRS client from its program if, after contact with the agency staff, there is agreement that the BRS client is a clear and immediate danger to self or others. In such situations, the caseworker must consider the notification a priority and respond to the BRS contractor or BRS provider as soon as practicable but no later than one business day;

(B) The BRS contractor shall, and ensure its BRS providers, discuss the BRS client's continuation in, temporary removal from, or discharge from the program.

(b) The agency may immediately remove the BRS client from the BRS contractor's or BRS provider's program for any reason, resulting in the BRS client's emergency discharge;

(c) A parent or guardian with appropriate legal authority, as determined by the agency, may immediately remove the BRS client from the BRS contractor's or BRS provider's program, resulting in the BRS client's emergency discharge.

(3) Discharge initiated by the BRS client:

(a) The BRS client may initiate discharge from the BRS provider by submitting a written request to the BRS contractor, BRS provider, or caseworker:

(A) If the request is submitted to the program, the BRS contractor shall, and ensure its BRS provider, submits immediate verbal or written notification to the caseworker and the agency's designated contact and, if applicable, the BRS client's parent, guardian, or legal custodian to allow for alternate placement arrangements;

(B) The caseworker or the agency's designated contact shall make alternative placement arrangements within five business days from receiving the request from the BRS client or the notice from the BRS contractor or BRS provider, whichever is earlier.

(b) Section (3)(a) of this rule does not apply to clients less than 18 years old in a BRS placement that:

(A) Does not meet the definition of a "public institution" in 42 CFR 435.1010; or

(B) Meets the definitions of a "publicly operated community residence" or a "child-care institution" in 42 CFR 435.1010.

(c) Notwithstanding section (3)(a) of this rule, the child's legal guardian may commit a child to a BRS placement without the child's consent or over the child's objection (i.e.,override the child's decision to leave the BRS program) if the following conditions are met:

(A) The child is under the age of 18 and is not legally emancipated or married;

(B) The guardian has legal authority to make medical decisions for the child; and

(C) The child's placement is not the result of a court determination of delinquency.

(4) Discharge from a program does not impact a BRS client's prior authorization for the BRS program generally. A BRS client may be referred to another BRS contractor or BRS provider or request re-referral to the same program if the prior authorization remains valid and the BRS client remains eligible for the BRS program.

(5) The agency may temporarily remove the BRS client for any reason without resulting in a discharge from the BRS contractor's or BRS provider's program.

(6) Storage of the BRS client's personal property:

(a) The BRS contractor shall, and ensure its BRS providers, store property belonging to the BRS client in its program for up to 30 days in a secure location following discharge when the BRS client exits the program without the client's property;

(b) The BRS contractor shall, and ensure its BRS providers, contact the BRS client's caseworker as soon as possible to make arrangements for the property to be retrieved.

Or. Admin. Code § 410-170-0060

DMAP 63-2013, f. 11-14-13, cert. ef. 1-1-14; DMAP 118-2018, amend filed 12/26/2018, effective 1/1/2019; DMAP 30-2020, temporary amend filed 06/26/2020, effective 7/1/2020 through 12/27/2020; DMAP 60-2020, amend filed 12/10/2020, effective 12/27/2020

Statutory/Other Authority: ORS 413.042 & 414.065

Statutes/Other Implemented: ORS 414.065