1. (1) All programs Certified or granted Provisional Status to provide ACT services shall be reviewed for fidelity adherence by the Division Approved Reviewer and may not bill Medicaid or use General Funds for the provision of ACT services unless they achieve a rating at the minimum benchmark or higher per this rule set based on the Division approved fidelity scale. Extension of a certification period has no bearing on the frequency or scope of fidelity reviews or re-certification reviews required under OAR chapter 309, division 008.
2. (2) All changes to any fidelity or best practice guidance tools or fidelity procedures by the Division Approved Reviewer must be communicated to the Division per contractual agreements prior to being implemented or promoted to ACT Programs.
3. (3) All applicable Fidelity Tools used to create the comprehensive fidelity outcome report shall be provided to an ACT Program at least 45 calendar days prior to scheduled fidelity review. The only exception to this notification will be if a provider has received a Plan of Correction per OAR chapter 309, division 008 that was created outside the scope of an ACT fidelity review and the Division requires ACT fidelity as an addendum with the noted violations or non-compliance items.
4. (4) Every ACT Program will be provided a comprehensive fidelity review report within 30 calendar days of the last day of the onsite fidelity review conducted by the Division Approved Reviewer.
5. (5) If the ACT Program is currently serving participants from a designated CCO, that CCO can request to be included when the report is published to the ACT Program and Division.
6. (6) To comply with Oregon Transparency statutes, any requests made by a public citizen for past fidelity reports shall comply with the Request for Information and Public Records Request per chapter 410, division 120 and will not be granted permission from the Division Approved Reviewer under any circumstances. These requests, if made, will be transferred to the Division Designee for appropriate response and guidance to obtain public records. Any reports provided through the Request for Information and Public Records Request protocols will ensure that proper actions be taken to de-identify data and include redacting Individually Identifying Information per 943-014-0000 prior to releasing.

7. (7) All ACT Programs, whether certified or have Provisional approval, must achieve the following minimum ratings on the Division approved fidelity scale in order to continue being recognized as an ACT Provider:

   1. (a) Urban area ACT programs per OAR 309-019-0225(38) rating of no less than 3.4 out of a 5
   2. (b) Rural and Frontier ACT programs per OAR 309-019-0225(17 & 31) _ rating no less than 3.2 out of a 5.

8. (8) If the ACT Program successfully accomplishes a 4.2 out of a 5-fidelity rating, they will be deemed a High Functioning ACT Program and incentivized with a three-year ACT Certification.

   1. (a) During this three-year period, the ACT Program will have conditions within their certification to maintain contact with The Division Approved Reviewer,
   2. (b) Uphold the integrity of ACT model and
   3. (c) Any other items deemed necessary by the Division.

Statutory/Other Authority

ORS 161.390, 413.042, 430.256 & 430.640

Statutes/Other Implemented

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

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, amend filed 12/22/2023, effective 01/01/2024
MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018
MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18
MHS 6-2017, f. & cert. ef. 6-23-17
MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17
MHS 18-2016, f. 11-28-16, cert. ef. 11-30-16
MHS 11-2016(Temp), f. 6-29-16, cert. ef. 7-1-16 thru 12-27-16