OAR 416-335-0040
Prior Authorization for the BRS Program; Appeal Rights

(1) BRS Program Eligibility:
(a) OYA may provide prior authorization for the BRS Program to a person who:
(A) Meets the requirements in subsections (2)(a)(A) through (D) of OAR 410-170-0040 (Prior Authorization for the BRS Program; Hearing Rights); and
(B) Is in the legal custody and care of OYA.
(b) Notwithstanding section (1)(a) of this rule, OYA may provide prior authorization to a person who:
(A) Is a Child or Young Person;
(B) Meets the requirements in subsections (2)(a)(B) through (C) of OAR 410-170-0040 (Prior Authorization for the BRS Program; Hearing Rights);
(C) Is in the legal custody and care of OYA; and
(D) Is eligible for state-funded medical assistance through OYA but not eligible for Medicaid.
(2) Appeal Rights:
(a) If a person is denied prior authorization for the BRS Program under OAR 416-335-0040 (Prior Authorization for the BRS Program; Appeal Rights)(1)(a) then the person is entitled to notice and contested hearing rights under 410-120-1860 (Contested Case Hearing Procedures) and 410-120-1865 (Denial, Reduction, or Termination of Services). The contested case hearing will be held by the Authority.
(b) If a person is denied prior authorization for the BRS Program by OYA under OAR 416-335-0040 (Prior Authorization for the BRS Program; Appeal Rights)(1)(b), then the person is entitled to notice and contested hearing rights pursuant to the provisions of ORS 183.341 (Model rules of procedure). The contested case hearing will be held by OYA. OYA adopts the Attorney General’s Model Rules of Procedure OAR 137-003-0001 (Contested Case Notice) to 137-003-0091 (Intervention in Stay Proceeding) and 137-003-0580 (Motion for Summary Determination), effective January 2012, as procedural rules for contested case hearings.

Source: Rule 416-335-0040 — Prior Authorization for the BRS Program; Appeal Rights, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=416-335-0040.

Last Updated

Jun. 8, 2021

Rule 416-335-0040’s source at or​.us