Or. Admin. R. 309-014-0022 - Contracts
(1) In keeping with
the principles of family support expressed in ORS
417.342, and notwithstanding
430.670(2) or 291.047(3), an entity operating a CMHP 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.
(2) Limit on
contract requirements. When a CMHP contracts with a public agency or private
corporation for delivery of developmental disability services, the CMHP shall
include in the contract only terms that are substantially similar to model
contract terms established by the Division . The CMHP may not add contractual
requirements, including qualifications for contractor selection, which are
nonessential to the service element(s) being provided under the contract. The
CMHP shall specify in contracts with service providers that disputes, which
arise from these limitations, shall be resolved according to procedures
contained in these rules. For purposes of this section, the following
definitions apply:
(a) "Model contract terms
established by the Division " means all applicable material terms and conditions
of the omnibus contract, as modified to appropriately reflect a contractual
relationship between the service provider and the CMHP, and any other
requirements approved by the Division as local options under procedures
established in these rules.
(b)
"Substantially similar to model contract terms" means that the terms developed
by the CMHP and the model contract terms require the service provider to engage
in approximately the same type activity and expend approximately the same
resources to achieve compliance.
(c) "Nonessential to the service element (s)
being provided" means requirements that are not substantially similar to model
contract terms developed by the Division .
Notes
Stat. Auth.: ORS 413.042 & 430.640
Stats. Implemented: ORS 430.610 - 430.640
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