1. (1) A CCO required to give notice of a proposed transaction pursuant OAR 410-141-5320 shall furnish the required information on Form D. Form D is set forth on the website of the Authority at https://www.oregon.gov/oha/HSD/OHP/Pages/CCO-Contract-Forms.aspx.

2. (2) Agreements for cost sharing services and management services shall at a minimum and as applicable:

   1. (a) Identify the person providing services and the nature of such services;
   2. (b) Set forth the methods to allocate costs;
   3. (c) Require timely settlement, not less frequently than on a quarterly basis, and compliance with the requirements in the Accounting Practices and Procedures Manual;
   4. (d) Prohibit advancement of funds by the CCO to the affiliate except to pay for services defined in the agreement;
   5. (e) State that the CCO shall maintain oversight for functions provided to the CCO by the affiliate and that the CCO shall monitor services annually for quality assurance;
   6. (f) Define books and records of the CCO to include all books and records developed or maintained under or related to the agreement;
   7. (g) Specify that all books and records of the CCO are and remain the property of the CCO and are subject to the control of the CCO;
   8. (h) State that all funds and invested assets of the CCO are the exclusive property of the CCO, held for the benefit of the CCO and are subject to the control of the CCO;
   9. (i) Include standards for termination of the agreement with and without cause;
   10. (j) Include provisions for indemnification of the CCO in the event of gross negligence or willful misconduct on the part of the affiliate providing the services;

   11. (k) Specify that, if the CCO is placed in receivership or seized by the Authority under ORS chapter 415:

       1. (A) All of the rights of the CCO under the agreement extend to the receiver or the Authority, and,
       2. (B) All books and records shall immediately be made available to the receiver or the Authority, and shall be turned over to the receiver or the Authority immediately upon the receiver or the Authority’s request;
       3. (L) Specify that the affiliate has no automatic right to terminate the agreement if the CCO is placed in receivership pursuant to ORS chapter 415; and
   12. (m) Specify that the affiliate shall continue to maintain any systems, programs, or other infrastructure notwithstanding a seizure by the Authority under ORS chapter 415, and shall make them available to the receiver, for so long as the affiliate continues to receive timely payment for services rendered.

Statutory/Other Authority

ORS 413.042, 414.572, 414.591 & 414.605

Statutes/Other Implemented

ORS 414.570-414.686 & 415.001-415.430

History

DMAP 143-2024, adopt filed 12/29/2024, effective 01/01/2025