(2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under this chapter, either party may request mediation under rules adopted by the authority.
(3) A county may not retaliate against a community mental health program or community developmental disabilities program solely because the program:
(a) Requested mediation under subsection (1) or (2) of this section;
(b) Requested dispute resolution or filed an appeal under rules adopted by the department or the authority; or
(c) Initiated a contested case proceeding otherwise available under ORS chapter 183 with respect to a dispute described in subsection (1) or (2) of this section.
(4) For purposes of this section, "retaliate" means an adverse action taken by a county against a community mental health program or a community developmental disabilities program to:
(a) Materially alter or terminate the contract between the county and the community mental health program or community developmental disabilities program; or
(b) Fail to renew the contract between the county and the community mental health program or community developmental disabilities program.
(5) Notwithstanding any other remedy provided by law, a community mental health program or community developmental disabilities program against which a county has retaliated in violation of subsection (3) 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.
(6) In accordance with any applicable provision of ORS chapter 183, the department or the authority may adopt rules to carry out the provisions of this section. [1999 c.524 §4; 2003 c.430 §1; 2009 c.595 §515]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.010 - Definitions.
Section 430.050 - 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 430.140 - Federal grants for promoting mental health.
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 430.216 - 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 430.235 - Grant Review Committee; approval and distribution of grants.
Section 430.236 - Establishment of quality improvement subcommittee; statewide data tracking.
Section 430.243 - Grants to coordinated care organizations authorized.
Section 430.254 - Goal of treatment programs for persons with substance use disorders.
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 430.275 - Oregon Health Authority to provide funding for peer respite centers; rules.
Section 430.306 - Definitions.
Section 430.338 - Purposes of laws related to alcoholism.
Section 430.342 - Local planning committees; duties; members.
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 430.390 - Administration of grants; rules.
Section 430.391 - Behavioral Health Resource Network statewide telephone hotline.
Section 430.393 - Report to Legislative Assembly.
Section 430.397 - Voluntary admission of person to treatment facility; notice to parent or guardian.
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 430.490 - 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 430.572 - 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 430.626 - Definitions.
Section 430.627 - Statewide coordinated crisis system; rules.
Section 430.629 - Planning and ongoing oversight of services.
Section 430.631 - Local advisory committees.
Section 430.634 - Evaluation of programs; population schedule for distributing funds.
Section 430.638 - Immunity from civil liability for reliance on certificate of approval.
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 430.673 - Mediation; retaliation prohibited; action for damages; attorney fees; rules.
Section 430.705 - Mental health services for children.
Section 430.708 - Priority for preventive services for children.
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 430.745 - 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 430.768 - 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 430.955 - Standardized screening instrument; assessing drug use during pregnancy.