1. (1) Nursing facility placement. A person identified with mental illness indicators who requests placement in a nursing facility must meet APD-PAS criteria demonstrating a need for nursing facility care. The person may be placed in a nursing facility without a Level II evaluation if the person:

   1. (a) Meets criteria of categorical determinations OAR 309-048-0060; or
   2. (b) Has a primary diagnosis of dementia; and
   3. (c) Does not require specialized services OAR 309-048-0060(22).

2. (2) Level II referrals. Persons shall be referred to the Division for a Level II evaluation prior to placement in a nursing facility if:

   1. (a) A Level I pre-admission screen or a private admission assessment has identified the individual as having indicators of mental illness; and
   2. (b) The individual is not eligible for a categorical determination.

3. (3) Level II waiver. The Division may waive the Level II evaluation requirement if:

   1. (a) The individual does not need specialized services or has received maximum benefit from specialized services; and
   2. (b) The individual has been determined to be in need of nursing facility services by an APD designee or contractor; and
   3. (c) A facility has been identified that can meet the individual’s mental health needs.
4. (4) Level II eligibility. Individuals may be required by he Division to have a Level II evaluation to determine the need for specialized services prior to placement in a nursing facility if any of the above conditions (subsections (3)(a), (b) and (c) of this rule) are not met.

Statutory/Other Authority

ORS 413.042 & 426.500

Statutes/Other Implemented

ORS 410.535, 414.065 & 426.490 to 426.500

History

MHD 2-1995, f. & cert. ef. 4-6-95