OAR 309-019-0241
Waiver of Minimum Fidelity Requirements

(1) The Division may grant a waiver of minimum ACT fidelity requirements and extend an ACT program’s certification period if the waiver to the requirement does not diminish the effectiveness of the ACT model, violate the purposes of the program, or adversely affect the program participants’ health and welfare:
(a) Waivers may not be granted that are inconsistent with the individual participant’s rights or federal, state, or local laws and regulations;
(b) The Division shall review waivers to minimum fidelity requirements on a case-by-case basis.
(2) Waivers granted to ACT minimum fidelity requirements shall result in an extension to the ACT program’s certification period. An ACT program that has a Division approved waiver is eligible to receive Medicaid and State General Fund reimbursement for ACT services if the ACT program meets the following criteria:
(a) The ACT program shall receive technical assistance from the Division approved reviewer and develop a plan to meet the minimum fidelity requirements; and
(b) The ACT program shall notify the appropriate CCO that the program is operating under the Division approved waiver of minimum fidelity requirements.
(3) The Division shall grant waivers of minimum fidelity requirements for a period that may not exceed 180 days.
(4) A waiver of minimum fidelity requirements may only be granted to ACT programs that have received a fidelity review within 12 months prior to the request.
(5) Requests for a waiver of minimum fidelity requirements shall be submitted to the Division’s ACT program coordinator for approval.

Source: Rule 309-019-0241 — Waiver of Minimum Fidelity Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-019-0241.

309‑019‑0100
Purpose and Scope 309‑019‑0105
Definitions 309‑019‑0110
Provider Policies 309‑019‑0115
Individual Rights 309‑019‑0125
Specific Staff Qualifications and Competencies 309‑019‑0130
Personnel Documentation, Training, and Supervision 309‑019‑0135
Entry and Assessment 309‑019‑0140
Service Plan and Service Notes 309‑019‑0145
Co-Occurring Mental Health and Substance Use Disorders (COD) 309‑019‑0150
Community Mental Health Programs (CMHP) 309‑019‑0155
Enhanced Care Services (ECS) and Enhanced Care Outreach Services (ECOS) 309‑019‑0160
Psychiatric Security Review Board and Juvenile Psychiatric Security Review Board 309‑019‑0165
Intensive Outpatient Services and Supports (IOSS) for Children 309‑019‑0167
Intensive In-Home Behavioral Health Treatment (IIBHT) for Children 309‑019‑0170
Outpatient Problem Gambling Treatment and Recovery Services 309‑019‑0175
Culturally Specific Substance Use Disorders Treatment and Recovery Services 309‑019‑0185
Outpatient Substance Use Disorders Treatment and Recovery Programs 309‑019‑0190
Community-Based Substance Use Treatment Programs for Individuals in the Criminal Justice System 309‑019‑0195
DUII Services Providers 309‑019‑0200
Medical Protocols in Outpatient Substance Use Disorders Treatment and Recovery Programs 309‑019‑0205
Building Requirements in Behavioral Health Programs 309‑019‑0210
Quality Assessment and Performance Improvement 309‑019‑0215
Grievances and Appeals 309‑019‑0220
Variances 309‑019‑0225
Assertive Community Treatment (ACT) Definitions 309‑019‑0226
Assertive Community Treatment (ACT) Overview 309‑019‑0230
ACT Provider Qualifications 309‑019‑0235
ACT Continued Fidelity Requirements 309‑019‑0240
ACT Failure to Meet Fidelity Standards 309‑019‑0241
Waiver of Minimum Fidelity Requirements 309‑019‑0242
ACT Program Operational Standards 309‑019‑0245
ACT Admission Criteria 309‑019‑0248
ACT Admission Process 309‑019‑0250
ACT Transition to Less Intensive Services and Discharge 309‑019‑0255
ACT Reporting Requirements 309‑019‑0270
Definitions 309‑019‑0275
Individual Placement and Support (IPS) Supported Employment Overview 309‑019‑0280
Supported Employment Providers 309‑019‑0285
Continued Fidelity Requirements 309‑019‑0290
Failure to Meet Fidelity Standards 309‑019‑0295
Reporting Requirements 309‑019‑0300
Service Requirements 309‑019‑0305
Provider Standards 309‑019‑0310
Minimum Staffing Requirements 309‑019‑0315
Training Requirements 309‑019‑0320
Documentation Requirements 309‑019‑0324
Youth Wraparound Definitions 309‑019‑0326
Youth Wraparound Program Rules
Last Updated

Jun. 8, 2021

Rule 309-019-0241’s source at or​.us