1. (1) In order to be eligible for Medicaid or State General Funds for ACT reimbursement, ACT services shall be provided only by those programs meeting the following minimum qualifications:
2. (2) The provider shall hold and maintain an official Accreditation issued by the Division established in OAR Chapter 309, Division 008 and maintain compliance with Outpatient Certificate of Agreement; and
3. (3) The provider must maintain compliance with OAR’s 309-019-0225 through 309-019-0255 for the purposes of providing ACT services as intended; and
4. (4) A provider certified to provide ACT services must be reviewed for fidelity adherence by the Division Approved Reviewer and may not bill Medicaid nor use General Funds for the provision of ACT services unless they complete the fidelity review process as outlined within OAR 309-019-0235.
5. (5) Re-certification is driven by the program's compliance with the required fidelity review process as outlined in 309-019-0235. Failure to comply with the fidelity review; will result in automatic de-certification and the program will no longer be allowed to promote themselves as an ACT provider within the State of Oregon nor or able to obtain funding that is specified for ACT Services.

6. (6) A program seeking to become a Provisional Provider can do so by following the outlined procedure:

   1. (a) A program must already hold a certification of approval under OAR chapter 309, division 008;
   2. (b) At minimum, the program must have the Team Lead, ICOD and one of the two core medical specialty staff hired. The hired staff must attend and complete ACT 101 training from the Division or the Division Approved Reviewer prior to letter of request per this OAR set (4).

7. (7) Provisional status must be requested in writing on agency letter head by the intended program leadership and submitted to the Division Designee and at minimum include the following:

   1. (a) Geographical location(s) of intended service areas

   2. (b) First and last names of hired staff including their credentials, role on ACT Team and full-time equivalent status dedicated to implementing ACT services.

      1. (A) If said program only has the minimum required staff at time of provisional letter submission, they must include identifying which core specialized staff positions are vacant and
      2. (B) Identify the platform those vacant positions are advertised on to reflect their intent to hire.
   3. (c) Intended size of ACT team per OAR 309-019-0225(34,26,22), this is not to be mistaken as the intended capacity. If the team size is not referenced, the letter will be considered incomplete and returned.
   4. (d) Any specific/specialized target population demographic’s (i.e. Young Adult, culturally specific, etc.),
   5. (e) Letter of support from Division Approved Reviewer that confirms 1(c)(A)(B) and (C) of this rule set.
   6. (f) The request must be submitted outlining the anticipated or goal of start that in the future as the Division Designee has 30 days to evaluate status of certificate of agreement and verify staff credentials.
8. (8) If approved, the newly Provisional Provider will have full access to ongoing intensive Technical Support will on a weekly basis There is an expectation to have all core staff hired per OAR 309-019-0230_ within four-months of Provisional Status approval. This will be tracked through TA check-ins.
9. (9) In the sixth month of Provisional status, the ACT Program will receive a condensed Projection Fidelity review per OAR 309-019-0225(27) to properly build a comprehensive technical assistance plan and prepare for the first fidelity review.
10. (10) The Division may extend Provisional status for up to one-year from the projection date if the outcome is reflective of a high-fidelity functioning team.
11. (11) Provisional Providers are allowed to obtain ACT funding if maintaining per requirements.

Statutory/Other Authority

ORS 161.390, 413.042, 430.256, ORS 109.675 & 430.640

Statutes/Other Implemented

161.390 - 161.400, 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168

History

BHS 29-2025, amend filed 12/29/2025, effective 01/01/2026
BHS 17-2025, amend filed 06/25/2025, effective 06/29/2025
BHS 32-2024, temporary amend filed 12/27/2024, effective 01/01/2025 through 06/29/2025
BHS 44-2023, adopt filed 12/22/2023, effective 01/01/2024