(1) Within
60 days upon receipt of application materials, the Division shall conduct a
comprehensive audit of the application materials to determine compliance with
these rules:
(a) If the application is found
to be complete and the materials demonstrate compliance with applicable
administrative rules, the Division may contact the applicant to schedule a
certification review;
(b) If the
application is not complete or does not demonstrate compliance, the Division
shall provide written notice of the incomplete or noncompliant application
describing any necessary amendment to the application. The applicant must
submit an amended application to the Division within 14 calendar days of
receipt of the Division's notice.
(2) The Division shall issue a written notice
of intent to deny completed applications in accordance with ORS 183.
(3) An application for certification may be
denied when:
(a) The applicant's proposed
behavioral health treatment services are not subject to the service delivery
rules listed in OAR
309-008-0100(2)
and, therefore, are not subject to certification under these rules;
(b) The applicant fails to demonstrate the
ability to sustain substantial compliance with applicable statutes,
administrative rules, or other applicable regulations;
(c) The applicant's operation would threaten
the health, welfare, or safety of one or more individuals or the public;
or
(d) The applicant submits an
application within 180 days of a prior application denial or certificate
revocation under these rules by the Division.
(4) The Division may issue a notice of intent
to deny a completed application when:
(a) The
applicant has previously had any certification or license suspended or revoked
by the Division, the Authority, the Department of Human Services, or any other
similar state agency outside of Oregon;
(b) The applicant employs or contracts with
any program staff for whom there is substantiated evidence of abuse, neglect,
or mistreatment;
(c) The applicant
is listed on any current Medicaid exclusion list under OAR
410-120-1380; or
(d) The applicant submits false or inaccurate
information to the Division.
(5) An applicant may withdraw an initial or
renewal application at any time prior to the Division acting on the application
unless the Division has determined that the applicant submitted false or
misleading information in which case the Division may refuse to accept the
withdrawal and may issue a notice of proposed denial in accordance with this
rule.
Notes
Or. Admin. Code
§
309-008-0500
MHS
16-2016, f. 11-28-16, cert. ef.
11/30/2016; MHS 15-2017, temporary amend filed
12/01/2017, effective 12/01/2017 through 05/29/2018;
BHS
11-2018, amend filed 05/10/2018, effective
5/10/2018
Statutory/Other Authority: ORS
179.040,
179.505, ORS
413.042,
413.032-413.033,
426.072,
426.175,
426.236,
426.500,
430.010,
430.021,
430.256,
430.357,
430.560,
430.640,
430.870, ORS
743A.168 &
743.556
Statutes/Other Implemented: ORS
413.520,
426.060,
426.140,
430.010,
430.254,
430.335,
430.590,
430.620 &
430.637
