1. (1) A current certificate is required for each provider offering behavioral health treatment services by contract with the Division, by contract with a public body, or by receipt of other public funds except as provided in subsection (4) of this rule. A provider is considered to contract with a public body or receive public funds where:

   1. (a) The provider operates under an intergovernmental agreement, a direct contract with the Division, or a direct contract with one or more CCOs;
   2. (b) The provider receives funds administered by the Division or one or more CCOs;
   3. (c) The provider is a community hospital, regional acute care psychiatric facility, or nonhospital facility providing care, custody, and treatment for a committed person in custody, or a person on diversion pursuant to ORS 426.070 & 426.140; and
   4. (d) The provider is a CMHP operating under 309-014-0000.
2. (2) A current certificate is required for each provider offering behavioral health treatment services by contract with the Division, by contract with a public body, or by receipt of other public funds.
3. (3) An applicant or provider not described in subsection (1) or (2) of this rule offering behavioral health treatment services regulated by the service delivery rules listed in 309-008-0100(2), and reimbursable under group health coverage as set forth in ORS 743A.168, may seek certification pursuant to these rules in order to establish reimbursement eligibility.

4. (4) A certificate under these rules is not required for the following types of providers regardless of whether public funds are received:

   1. (a) An individual behavioral health care practitioner otherwise licensed to render behavioral health care services in accordance with applicable statutes by the applicable licensing board; or
   2. (b) A behavioral health treatment services provider comprised exclusively of health care practitioners or behavioral health care practitioners otherwise licensed to render behavioral health care services in accordance with applicable statutes by the applicable licensing board; independent of payer or funding source.
5. (5) Certificates are not a substitute for a required license, such as those required in ORS 443.410 and 443.725 for residential facilities.

Statutory/Other Authority

ORS 161.390, 161.392, 179.040, 179.505, 413.042, 413.032-413.033, 426.072, 426.140, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870 & 743A.168

Statutes/Other Implemented

413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620, 430.637, 743.556, 813.021 & 813.260

History

MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16
MHS 12-2016(Temp), f. & cert. ef. 7-29-16 thru 12-27-16
MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16