Chapter 524 Oregon Laws 1999
Session Law
AN ACT
SB 141
Relating to community mental
health programs; creating new provisions; and amending ORS 430.670.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 430.670 is amended to read:
430.670. (1) A community mental health and developmental
disabilities program may provide services by contracting therefor with a public
agency, private corporation or individual. All elements of service provided for
in the contract shall be considered as a part of a community mental health
program for all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall comply with rules adopted
by the Mental Health and Developmental Disability Services Division.
(2) A private corporation [which]
that contracts with a county or the
Mental Health and Developmental Disability Services Division to operate a
community mental health and developmental disabilities program shall provide an
opportunity for competition among private care providers when awarding
subcontracts for provision of services described in ORS 430.630 (1) to (3).
(3) In keeping with the
principles of family support expressed in ORS 417.342 and notwithstanding
subsection (2) of this section or ORS 291.047 (3), an entity operating a community
mental health and developmental disabilities program may purchase services for
an individual from a service provider without first providing an opportunity
for competition among other service providers if the service provider is
selected by the individual, the individual's family or the individual's
guardian, as long as the service provider has been approved by the division to
provide such service.
SECTION 2. Sections 3 and 4 of this 1999 Act are added
to and made a part of ORS 430.610 to 430.695.
SECTION 3. (1) Except for community mental health and
developmental disabilities programs operated by the county, a county may impose
only standards, requirements and conditions for mental health and developmental
disabilities programs that are substantially similar to the standards,
requirements and conditions established for such programs by the Mental Health
and Developmental Disability Services Division.
(2) When a county contracts
with a public agency or private corporation for a community mental health and
developmental disabilities program, the county shall include in the contract
only terms that are substantially similar to model contract terms developed by
the division under ORS 430.640 (1)(h). The county may not add contractual
requirements, including qualifications for contractor selection, that are
nonessential to the services provided under ORS 430.630. The county may add
contract requirements that the county considers necessary to ensure the siting
and maintenance of facilities of the community mental health and developmental
disabilities program.
(3) The provisions of
subsections (1) and (2) of this section apply only insofar as funds are
provided by the division to the county for community mental health and
developmental disabilities programs.
(4) As used in this section,
"community mental health and developmental disabilities program"
includes those program elements that serve only persons with developmental
disabilities.
SECTION 4. (1) When a dispute exists between a county
and a community mental health and developmental disabilities program regarding
the terms of their contract or the interpretation of an administrative rule of
the Mental Health and Developmental Disability Services Division relating to
division programs under ORS chapter 430, either party may request mediation
under rules adopted by the division.
(2) In accordance with any
applicable provision of ORS 183.310 to 183.550, the division may adopt rules to
carry out the provisions of this section.
Approved by the Governor July
8, 1999
Filed in the office of
Secretary of State July 8, 1999
Effective date October 23,
1999
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