OAR 411-318-0030
Contested Case Hearings for Provider Notices of Involuntary Reductions, Transfers, or Exits

(1) This rule applies to involuntary reductions, transfers, or exits by a provider, including a licensed or certified provider organization, who has a contract with the Department, CDDP, or Brokerage. This rule does not apply to providers who have a direct employer-employee relationship with an individual or the employer representative of the individual.
(2) The individual must be given the opportunity to dispute an involuntary reduction, transfer, or exit by requesting a hearing as provided in ORS chapter 183.
(3) An individual or the representative of the individual may request a hearing either orally or in writing when the individual and the representative of the individual receives a Notice of Involuntary Reduction, Transfer, or Exit (form 0719DD).
(a) To request a hearing in writing:
(A) The individual or the representative of the individual must complete the Administrative Hearing Request form included with the Notice of Involuntary Reduction, Transfer, or Exit and submit the form to the Central Office of the Department for processing as described on the form; or
(B) The individual or the representative of the individual may meet with a staff person of the local program or Department to complete the Administrative Hearing Request form included with the Notice of Involuntary Reduction, Transfer, or Exit. After meeting with the individual or the representative of the individual, the CDDP, Brokerage, or Department must submit the Administrative Hearing Request form to the Central Office of the Department within three business days. A copy of the form must be mailed to the individual and the representative of the individual.
(b) To request a hearing orally, the individual or the representative of the individual must orally express the desire for a hearing to a staff person of the CDDP, Brokerage, or Department. Upon receipt of an oral request for a hearing, the CDDP, Brokerage, or Department must complete the Administrative Hearing Request form included with the Notice of Involuntary Reduction, Transfer, or Exit and submit the Administrative Hearing Request form to the Central Office of the Department within three business days. A copy of the form must be mailed to the individual and the representative of the individual.
(4) Upon receipt of the Administrative Hearing Request form for a Notice of Involuntary Reduction, Transfer, or Exit, the Central Office of the Department must:
(a) Refer the hearing request to OAH within five business days from the receipt of the hearing request;
(b) Assist the claimant or the representative of the claimant in gathering and submitting exhibits; and
(c) Act as liaison between OAH and the CDDP or Brokerage responsible for the services of the claimant.
(5) OAH communicates directly with the claimant and the representative of the claimant regarding informal conference dates, hearing dates, and the Final Order as defined in OAR 137-003-0070 (Final Orders in Contested Cases).
(6) If an individual or the representative of an individual requests a hearing within 15 calendar days of the issuance of the Notice of Involuntary Reduction, Transfer, or Exit, the individual must receive the same services until receipt of the Final Order.
(7) When an individual has been given less than 30 calendar days advanced written Notice of Involuntary Reduction, Transfer, or Exit due to a medical emergency or because the individual is engaging in behavior that poses an imminent danger to self or others, and the individual or the representative of the individual has requested a hearing as described in this rule, the provider must continue provision of service to the individual until receipt of the Final Order.
(8) An individual or the individual’s representative may request an expedited hearing according to OAR 411-318-0025 (Contested Case Hearings for Reductions, Suspensions, Terminations, or Denials)(4) when:
(a) The request for a hearing is more than 15 calendar days following the issuance of the Notice of Involuntary Reduction, Transfer, or Exit and the individual requests to continue to receive the same services until receipt of the Final Order; or
(b) The individual has been given less than 30 calendar days advanced written Notice of Involuntary Reduction, Transfer, or Exit, and the individual has not been allowed to remain in the setting.

Source: Rule 411-318-0030 — Contested Case Hearings for Provider Notices of Involuntary Reductions, Transfers, or Exits, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-318-0030.

Last Updated

Jun. 8, 2021

Rule 411-318-0030’s source at or​.us