Chapter 430 Oregon Laws 2003

AN ACT

SB 470

Relating to community mental health and developmental disabilities programs; creating new provisions; and amending ORS 430.673.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 430.673 is amended to read:

430.673. (1) When a dispute exists between a county and a community mental health and developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopted by the department.

(2) A county may not retaliate against a community mental health and developmental disabilities program solely because the program:

(a) Requested mediation under subsection (1) of this section;

(b) Requested dispute resolution or filed an appeal under rules adopted by the department under this section with respect to a dispute described in subsection (1) of this section; or

(c) Initiated a contested case proceeding otherwise available under ORS 183.310 to 183.550 with respect to a dispute described in subsection (1) of this section.

(3) For purposes of this section, “retaliate” means an adverse action taken by a county against a community mental health and developmental disabilities program to:

(a) Materially alter or terminate the contract between the county and the community mental health and developmental disabilities program; or

(b) Fail to renew the contract between the county and the community mental health and developmental disabilities program.

(4) Notwithstanding any other remedy provided by law, a community mental health and developmental disabilities program against which a county has retaliated in violation of subsection (2) of this section may bring an action against the county for actual damages or $1,000, whichever is greater. The court shall award reasonable attorney fees to the prevailing party in an action under this subsection. An action described in this section shall be considered a tort claim under ORS 30.260 to 30.300. Except as provided in this section, the provisions of ORS 30.260 to 30.300 apply to an action described in this section.

[(2)] (5) In accordance with any applicable provision of ORS 183.310 to 183.550, the department may adopt rules to carry out the provisions of this section.

SECTION 2. The amendments to ORS 430.673 by section 1 of this 2003 Act apply to:

(1) Requests for mediation made by a community mental health and developmental disabilities program on or after the effective date of this 2003 Act;

(2) Requests for dispute resolution or appeals filed on or after the effective date of this 2003 Act by a community mental health and developmental disabilities program under rules adopted by the Department of Human Services under ORS 430.673; and

(3) Contested case proceedings initiated on or after the effective date of this 2003 Act by a community mental health and developmental disabilities program under ORS 183.310 to 183.550.

Approved by the Governor June 23, 2003

Filed in the office of Secretary of State June 23, 2003

Effective date January 1, 2004

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