2021 Oregon Revised Statutes
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.389 - Council to oversee and approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services.


(2)(a) The Oversight and Accountability Council, in consultation with the Oregon Health Authority, shall provide grants and funding to agencies or organizations, whether government or community based, to establish Behavioral Health Resource Networks for the purposes of immediately screening the acute needs of people who use drugs and assessing and addressing any ongoing needs through ongoing case management, harm reduction, treatment, housing and linkage to other care and services. Recipients of grants or funding to provide substance use disorder treatment or services must be licensed, certified or credentialed by the state, including certification under ORS 743A.168 (8), or meet criteria prescribed by rule by the Oversight and Accountability Council under ORS 430.390. A recipient of a grant or funding under this subsection may not use the grant or funding to supplant the recipient’s existing funding.
(b) The council and the authority shall ensure that residents of each county have access to all of the services described in paragraph (d) of this subsection.
(c) Applicants for grants and funding may apply individually or jointly with other network participants to provide services in one or more counties.
(d) A network must have the capacity to provide the following services and any other services specified by the council by rule:
(A) Screening by certified addiction peer support or wellness specialists or other qualified persons designated by the council to determine a client’s need for immediate medical or other treatment to determine what acute care is needed and where it can be best provided, identify other needs and link the client to other appropriate local or statewide services, including treatment for substance abuse and coexisting health problems, housing, employment, training and child care. Networks shall provide this service 24 hours a day, seven days a week, every calendar day of the year. Notwithstanding paragraph (b) of this subsection, only one grantee in each network within each county is required to provide the screenings described in this subparagraph.
(B) Comprehensive behavioral health needs assessment, including a substance use disorder screening by a certified alcohol and drug counselor or other credentialed addiction treatment professional. The assessment shall prioritize the self-identified needs of a client.
(C) Individual intervention planning, case management and connection to services. If, after the completion of a screening, a client indicates a desire to address some or all of the identified needs, a case manager shall work with the client to design an individual intervention plan. The plan must address the client’s need for substance use disorder treatment, coexisting health problems, housing, employment and training, child care and other services.
(D) Ongoing peer counseling and support from screening and assessment through implementation of individual intervention plans as well as peer outreach workers to engage directly with marginalized community members who could potentially benefit from the network’s services.
(E) Assessment of the need for, and provision of, mobile or virtual outreach services to:
(i) Reach clients who are unable to access the network; and
(ii) Increase public awareness of network services.
(F) Harm reduction services and information and education about harm reduction services.
(G) Low-barrier substance use disorder treatment.
(H) Transitional and supportive housing for individuals with substance use disorders.
(e) If an applicant for a grant or funding under this subsection is unable to provide all of the services described in paragraph (d) of this subsection, the applicant may identify how the applicant intends to partner with other entities to provide the services, and the Oregon Health Authority and the council may facilitate collaboration among applicants.
(f) All services provided through the networks must be evidence-informed, trauma-informed, culturally specific, linguistically responsive, person-centered and nonjudgmental. The goal shall be to address effectively the client’s substance use and any other social determinants of health.
(g) The networks must be adequately staffed to address the needs of people with substance use disorders within their regions as prescribed by the council by rule, including, at a minimum, at least one person qualified by the Oregon Health Authority in each of the following categories:
(A) Certified alcohol and drug counselor or other credentialed addiction treatment professional;
(B) Case manager; and
(C) Certified addiction peer support or wellness specialist.
(h) Verification of a screening by a certified addiction peer support specialist, wellness specialist or other person in accordance with subsection (2)(d)(A) of this section shall promptly be provided to the client by the entity conducting the screening. If the client executes a valid release of information, the entity shall provide verification of the screening to the Oregon Health Authority or a contractor of the authority and the authority or the authority’s contractor shall forward the verification to the court, in the manner prescribed by the Chief Justice of the Supreme Court, to satisfy the conditions for dismissal under ORS 153.062 or 475.237.
(3)(a) If moneys remain in the Drug Treatment and Recovery Services Fund after the council has committed grants and funding to establish behavioral health resource networks serving every county in this state, the council shall provide grants and funding to other agencies or organizations, whether government or community based, and to the nine federally recognized tribes in this state and service providers that are affiliated with the nine federally recognized tribes in this state to increase access to one or more of the following:
(A) Low-barrier substance use disorder treatment that is evidence-informed, trauma-informed, culturally specific, linguistically responsive, person-centered and nonjudgmental;
(B) Peer support and recovery services;
(C) Transitional, supportive and permanent housing for persons with substance use disorder;
(D) Harm reduction interventions including, but not limited to, overdose prevention education, access to naloxone hydrochloride and sterile syringes and stimulant-specific drug education and outreach; or
(E) Incentives and supports to expand the behavioral health workforce to support the services delivered by behavioral health resource networks and entities receiving grants or funding under this subsection.
(b) A recipient of a grant or funding under this subsection may not use the grant or funding to supplant the recipient’s existing funding.
(4) In awarding grants and funding under subsections (2) and (3) of this section, the council shall:
(a) Distribute grants and funding to ensure access to:
(A) Historically underserved populations; and
(B) Culturally specific and linguistically responsive services.
(b) Consider any inventories or surveys of currently available behavioral health services.
(c) Consider available regional data related to the substance use disorder treatment needs and the access to culturally specific and linguistically responsive services in communities in this state.
(d) Consider the needs of residents of this state for services, supports and treatment at all ages.
(5) The council shall require any government entity that applies for a grant to specify in the application details regarding subgrantees and how the government entity will fund culturally specific organizations and culturally specific services. A government entity receiving a grant must make an explicit commitment not to supplant or decrease any existing funding used to provide services funded by the grant.
(6) In determining grants and funding to be awarded, the council may consult the comprehensive addiction, prevention, treatment and recovery plan established by the Alcohol and Drug Policy Commission under ORS 430.223 and the advice of any other group, agency, organization or individual that desires to provide advice to the council that is consistent with the terms of this section.
(7) Services provided by grantees, including services provided by a Behavioral Health Resource Network, shall be free of charge to the clients receiving the services. Grantees in each network shall seek reimbursement from insurance issuers, the medical assistance program or any other third party responsible for the cost of services provided to a client and grants and funding provided by the council or the authority under subsection (2) of this section may be used for copayments, deductibles or other out-of-pocket costs incurred by the client for the services.
(8) Subsection (7) of this section does not require the medical assistance program to reimburse the cost of services for which another third party is responsible in violation of 42 U.S.C. 1396a(25). [2021 c.2 §2; 2021 c.10 §16; 2021 c.591 §2]
Note: See note under 430.383.
Note: Section 2a, chapter 591, Oregon Laws 2021, provides:
Sec. 2a. (1) Grants and funding under section 2 (2), chapter 2, Oregon Laws 2021 [430.389 (2)], must be disbursed such that at least one Behavioral Health Resource Network is established and operational within each county by January 1, 2022.
(2) If the recipients of grants and funding under section 2 (2), chapter 2, Oregon Laws 2021, cannot provide all of the services described in section 2 (2)(d), chapter 2, Oregon Laws 2021, within a county by January 1, 2022, the Oversight and Accountability Council and the Oregon Health Authority shall issue additional requests for proposals to provide the necessary services. [2021 c.591 §2a]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities

Section 430.010 - Definitions.

Section 430.021 - Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules.

Section 430.050 - Mental Health Advisory Board; Disability Issues Advisory Committee; rules.

Section 430.071 - Policy to support and promote self-determination.

Section 430.073 - Consumer Advisory Council.

Section 430.075 - Consumer participation on task forces, commissions, advisory groups and committees.

Section 430.078 - Rules.

Section 430.140 - Federal grants for promoting mental health.

Section 430.195 - Receipt of funds for client use; disbursements from trust accounts; authority of other agencies.

Section 430.197 - Mental Health Services Fund.

Section 430.205 - Definitions for ORS 430.205 and 430.210.

Section 430.210 - Rights of persons receiving mental health services.

Section 430.212 - Reconnection of family members to individual with developmental disability; rules.

Section 430.215 - Responsibility for developmental disability services and psychiatric treatment services for children.

Section 430.216 - Report to Legislative Assembly.

Section 430.220 - Director; appointment; powers and duties.

Section 430.221 - Commission members; terms; subcommittees.

Section 430.223 - Comprehensive addiction, prevention, treatment and recovery plan; rules.

Section 430.230 - Definitions.

Section 430.231 - Improving People’s Access to Community-based Treatment, Supports and Services Program established; purpose; duties of Grant Review Committee; rules.

Section 430.233 - Improving People’s Access to Community-based Treatment, Supports and Services Account.

Section 430.234 - Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established; membership.

Section 430.235 - Grant Review Committee; approval and distribution of grants.

Section 430.236 - Establishment of quality improvement subcommittee; statewide data tracking.

Section 430.238 - State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population.

Section 430.243 - Grants to coordinated care organizations authorized.

Section 430.245 - Identification of costs and cost savings from program; annual report to Legislative Assembly on costs, cost savings and outcomes.

Section 430.254 - Goal of treatment programs for persons with substance use disorders.

Section 430.256 - Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules.

Section 430.262 - Registration of sobering facilities; fees prohibited.

Section 430.270 - Publicizing effects of alcohol and drugs.

Section 430.272 - Educational resources on risks of inhalant use.

Section 430.274 - Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services.

Section 430.275 - Oregon Health Authority to provide funding for peer respite centers; rules.

Section 430.278 - Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers.

Section 430.306 - Definitions.

Section 430.335 - Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders.

Section 430.338 - Purposes of laws related to alcoholism.

Section 430.342 - Local planning committees; duties; members.

Section 430.345 - Grants for prevention of, intervention in and treatment for substance use disorders.

Section 430.347 - Definitions for ORS 430.345 to 430.380.

Section 430.350 - Assistance and recommendation of local planning committee.

Section 430.357 - Minimum standards; rules.

Section 430.358 - Opioid treatment center required to accept Medicare payments.

Section 430.359 - Funding of services.

Section 430.362 - Application requirements for priority consideration.

Section 430.364 - Consideration given requests for priority.

Section 430.366 - Requirements for service proposals and data reporting.

Section 430.368 - Appeal and review of funding requests; conclusiveness of review.

Section 430.370 - County contracts for services; joint county-city operation.

Section 430.380 - Mental Health Alcoholism and Drug Services Account; uses.

Section 430.383 - Findings and policy.

Section 430.384 - Drug Treatment and Recovery Services Fund established.

Section 430.386 - Moneys in fund not to replace current funding for programs and services.

Section 430.387 - Distribution of moneys in fund.

Section 430.388 - Oversight and Accountability Council.

Section 430.389 - Council to oversee and approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services.

Section 430.390 - Administration of grants; rules.

Section 430.391 - Behavioral Health Resource Network statewide telephone hotline.

Section 430.392 - Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund.

Section 430.393 - Report to Legislative Assembly.

Section 430.397 - Voluntary admission of person to treatment facility; notice to parent or guardian.

Section 430.399 - When person must be taken to treatment facility or sobering facility; admission or referral; when jail custody may be used; confidentiality of records.

Section 430.401 - Liability of public officers, providers, treatment facilities and sobering facilities.

Section 430.402 - Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs.

Section 430.420 - Integration of drug treatment services into criminal justice system; plans.

Section 430.422 - Drug Prevention and Education Fund.

Section 430.424 - Distribution of funds; funding criteria.

Section 430.426 - Rules; acceptance of gifts, grants and donations.

Section 430.450 - Definitions for ORS 430.450 to 430.555.

Section 430.455 - Information to arrested person believed to have substance use disorder.

Section 430.470 - Notice of right to evaluation if not given at time of arrest.

Section 430.475 - Evaluation results as evidence; admissibility at subsequent trial; privileged communication.

Section 430.490 - Diversion plan for defendant; participation as condition of probation or parole.

Section 430.495 - Content of diversion plan; duration.

Section 430.500 - Dismissal of charges.

Section 430.535 - Requirement to develop bilingual forms.

Section 430.540 - Designation of and standards for evaluation sites.

Section 430.545 - Procedures at evaluation sites; administration of antagonist drugs.

Section 430.560 - Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules.

Section 430.572 - Internet access to providers of opiate use disorder treatment.

Section 430.573 - Statewide capacity to provide opiate use disorder treatment.

Section 430.590 - Regulation of location of methadone clinic; enforcement.

Section 430.610 - Legislative policy.

Section 430.620 - Establishment of community mental health and developmental disabilities programs by one or more counties.

Section 430.626 - Definitions.

Section 430.627 - Statewide coordinated crisis system; rules.

Section 430.628 - City and community mental health program provision of crisis stablilization services; rules.

Section 430.629 - Planning and ongoing oversight of services.

Section 430.630 - Services to be provided by community mental health programs; local mental health authorities; local mental health services plan.

Section 430.631 - Local advisory committees.

Section 430.632 - Report on implementation of comprehensive local plan for delivery of mental health services.

Section 430.634 - Evaluation of programs; population schedule for distributing funds.

Section 430.637 - Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules.

Section 430.638 - Immunity from civil liability for reliance on certificate of approval.

Section 430.640 - Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules.

Section 430.641 - Behavioral Health Housing Incentive Fund established.

Section 430.643 - Disbursement of moneys in fund.

Section 430.644 - Priorities for services provided by community mental health programs.

Section 430.646 - Priorities for services for persons with mental or emotional disturbances.

Section 430.648 - Funding distribution formula; matching funds; administrative expenses.

Section 430.651 - Use of population data in funding formula.

Section 430.662 - Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules.

Section 430.664 - Requirements for developmental disabilities programs and support service brokerages.

Section 430.670 - Contracts to provide services; approval of department or authority; competition for subcontracts; exception.

Section 430.672 - Contract requirements for community mental health or developmental disabilities programs.

Section 430.673 - Mediation; retaliation prohibited; action for damages; attorney fees; rules.

Section 430.695 - Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts.

Section 430.705 - Mental health services for children.

Section 430.708 - Priority for preventive services for children.

Section 430.709 - Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers.

Section 430.717 - Collection of data regarding demand and capacity for intensive behavorial health treatment for children and adolescents; call center for identifying and tracking placement settings.

Section 430.731 - Uniform investigation procedures; rules.

Section 430.735 - Definitions for ORS 430.735 to 430.765.

Section 430.737 - Mandatory reports and investigations.

Section 430.738 - Privileges not applicable to abuse proceedings.

Section 430.739 - County multidisciplinary teams; protocols; reports.

Section 430.743 - Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services.

Section 430.745 - Investigation of abuse; notice to medical examiners; findings; recommendations.

Section 430.746 - Training requirements for persons investigating reports of alleged abuse.

Section 430.747 - Photographs of victim during investigation; exception; photographs as records.

Section 430.753 - Immunity of persons making reports in good faith; confidentiality.

Section 430.755 - Retaliation prohibited; liability for retaliation.

Section 430.756 - Immunity of employer reporting abuse by employee.

Section 430.757 - Reports of abuse to be maintained by Department of Human Services.

Section 430.763 - Confidentiality of records; when record may be made available to agency.

Section 430.765 - Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice.

Section 430.768 - Claims of self-defense addressed in certain reports of abuse; review teams; rules.

Section 430.850 - Treatment program; eligibility.

Section 430.860 - Participation in program; report to court.

Section 430.880 - Gifts, grants or services.

Section 430.905 - Policy.

Section 430.920 - Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances.

Section 430.955 - Standardized screening instrument; assessing drug use during pregnancy.