Community Mental Health Housing Fund

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_309/309_036.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY,

ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 36
COMMUNITY MENTAL HEALTH HOUSING FUND

309-036-0100
Statement of Purpose
These rules prescribe standards
for the development, renovation and administration of the Community Mental Health
Housing Program and the Community Mental Health Housing Fund under ORS 426.502–426.508.
The Community Mental Health Housing Fund, supported in part by the Community Housing
Trust Account, shall be administered by the Oregon Health Authority (Authority),
through its Addictions and Mental Health Division.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHD 7-2003, f. 8-15-03
cert. ef. 9-1-03; MHS 7-2010, f. & cert. ef. 6-7-10
309-036-0105
Definitions
As used in these rules:
(1) "Assistant Director" means
the Assistant Director of the Addictions and Mental Health Division.
(2) “Care provider”
means an individual or entity that provides services and support for a person or
persons with serious mental illness under a residential service agreement, contract
or other similar arrangement.
(3) “Community housing”
means real property, improvements and related equipment that are used or could be
used to house persons with a serious mental illness in community-based settings
consistent with ORS 426.502. It includes single-family housing, multiple-unit residential
housing and residential facilities. It does not include hospitals, nursing homes,
correctional facilities and other institutional housing except as provided in these
rules. Consistent with the designated housing model, community housing may include
accommodations for care providers and resident managers.
(4) "Community Housing Development"
means efforts or assistance, financial or otherwise, that result in the establishment
of community housing as defined in OAR 309-036-0105.
(5) "Community Mental Health
Housing Fund" or "Fund" means the fund established by ORS 426.506
(6) "Community Housing Renovation"
means efforts that result in the improvement of real property, the use of which
is restricted to community housing for persons with serious mental illness. Such
improvement includes, but is not limited to, replacing worn or non-functional components,
making repairs to improve health and safety, expanding the building to accommodate
more residents or provide more adequate living quarters, and installing equipment
necessary to the operation of the community housing.
(7) “Construct”
includes, but is not limited to building, installing, assembling, expanding, altering,
converting, repairing, replacing or relocating community housing development, renovation
or administration. It can also mean to install equipment and necessary infrastructure
to prepare a site.
(8) "Division" means the Addictions
and Mental Health Division of the Oregon Health Authority (Authority).
(9) “Equipment”
means permanently installed fixtures or appliances acquired for the community housing.
(10) "Institutional housing"
means housing located at an Oregon State Hospital campus or the Blue Mountain Recovery
Center, including buildings, grounds, leased facilities, infrastructure and ancillary
facilities.
(11) “Person with serious
mental illness” means an individual who is:
(a) Diagnosed by a Qualified
Mental Health Professional as suffering from a chronic mental disorder as defined
by ORS 426.495 which includes, but is not limited to, conditions such as chronic
schizophrenia, chronic affective disorder, chronic paranoid disorder, and other
disorders which manifest symptoms that are not solely a result of mental retardation
or other developmental disabilities, epilepsy, drug abuse, or alcoholism; which
continue for more than one (1) year,
or on the basis of a specific diagnosis, are likely to continue for more than one
(1) year; and
(b) Is impaired to an extent which substantially
limits the person's consistent functioning in one (1) or more of the following areas:
(A) Home environment: independently
attending to shelter needs, personal hygiene, nutritional needs and home maintenance;
(B) Community negotiation: independently
and appropriately utilizing community resources for shopping, recreation and other
needs;
(C) Social relations: establishing
and maintaining supportive relationships;
(D) Vocational: maintaining
employment sufficient to meet personal living expenses or engaging in other age
appropriate activities.
(12) "Qualified Mental Health
Professional (QMHP)" means a Licensed Medical Practitioner (LMP) or any other person
meeting one (1) or more of the following minimum qualifications as authorized by
the Local Mental Health Authority or designee:
(a) Bachelor’s degree
in nursing and licensed by the State of Oregon;
(b) Bachelor’s degree
in occupational therapy and licensed by the State of Oregon;
(c) Graduate degree in psychology;
(d) A Graduate degree in social
work;
(e) A Graduate degree in recreational,
art, or music therapy; or
(f) A Graduate degree in a behavioral
science field.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHD 7-2003, f. 8-15-03
cert. ef. 9-1-03; MHS 7-2010, f. & cert. ef. 6-7-10
309-036-0110
Community Mental Health
Housing Fund, Community Mental Health Housing Trust Account, Income and Expenditures
(1) Community Mental Health
Housing Fund. The Community Mental Health Housing Fund shall be maintained in the
State Treasury. All earnings on investments of moneys in the Fund, including earnings
in the Community Housing Trust Account, shall accrue to the Fund. All moneys in
the Fund shall be continuously appropriated to the Division to carry out the provisions
of ORS 426.504 for the purpose of providing housing for persons with serious mental
illness.
(a) Income to the Fund shall
consist of:
(A) The proceeds, less costs
to the state, received from the sale of the F.H. Dammasch State Hospital property
under ORS 426.508;
(B) Moneys appropriated to the
Fund by the Legislative Assembly;
(C) Proceeds from the sale,
transfer or lease of any surplus real property owned, operated or controlled by
the Division and used for community housing;
(D) Money reallocated from other
areas of the Division's budget;
(E) Interest and earnings credited
to the fund; and
(F) Gifts of money or other
property from any source, to be used for the purposes of developing housing for
persons with serious mental illness. Except as provided by ORS 426.506, income to
the fund may be restricted to deposit in the Community Housing Trust Account or
may be available for expenditure.
(b) Gifts and other deposits
may be designated by the contributor to be used for community housing purposes or
institutional housing purposes. Such deposits may also be restricted to the Community
Housing Trust Account or may be non-restricted and available for expenditure from
the Fund, or may be designated for a specific expenditure purpose in the Fund. Any
gifts restricted or designated by a contributor shall not be available for re-allocation
except as may be specified by the contributor.
(c) When it is determined that
community housing established or assisted consistent with ORS 426.504 is no longer
suitable for continued use as community housing, any proceeds realized from the
disposition of the property shall be deposited into the Fund and used for community
housing purposes.
(2) Community Housing Trust
Account. The Community Housing Trust Account exists within the Community Mental
Health Housing Fund and shall consist of:
(a) At least ninety-five (95)
percent of the proceeds received from the sale of the F.H. Dammasch State Hospital
property under ORS 426.508; and
(b) Any other funds deposited
into the account for the restricted purpose of staying in the Fund for perpetuity.
(3) Amounts Available for Expenditure.
Amounts available from the Fund for expenditure shall consist of:
(a) Up to five (5) percent of
the sale proceeds received by the Oregon Health Authority for credit to the account
from the Oregon Department of Administrative Services from the sale of the F.H.
Dammasch State Hospital property under ORS 426.508; and
(b) All other deposited, unrestricted
funds or account earnings unless a specific deposit is designated by its maker to
be placed in the restricted portion of the Community Housing Trust Account.
(4) Expenditure of Community
Housing Trust Account Interest Earnings. Interest earned on moneys in the Community
Housing Trust Account may be expended in the following manner: Seventy (70) percent
of interest earned on deposits in the Community Housing Trust Account shall be expended
for community housing purposes in accordance with these rules. Thirty (30) percent
of interest earned on deposits in the Community Housing Trust Account shall be expended
for institutional housing purposes in accordance with these rules.
(5) Limitations on Expenditure.
Interest earned on deposits in the account shall not be used to support operating
expenses of the Division.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHD 7-2003, f. 8-15-03
cert. ef. 9-1-03; MHS 7-2010, f. & cert. ef. 6-7-10
309-036-0115
Funds for Community Housing
(1) General Provision. In general,
the Division will work through community partners to develop community housing and
not acquire or operate community housing directly. In circumstances where a particular
type of community housing is desired and no community partner has been identified,
the Division may acquire or directly operate community housing.
(2) Eligible Uses for Community
Housing. The community housing to be assisted with funds from the Community Mental
Health Housing Fund shall include a variety of types of housing integrated into
residential neighborhoods of local communities throughout Oregon. The Division may
establish priorities for the types of housing to be assisted based on an analysis
of housing needs of persons with serious mental illness. The community housing types
to be considered for funding include, but are not limited to, single-family housing,
multiple-unit residential housing, residential facilities and other residences for
persons with serious mental illness. Housing for persons with serious mental illness
may include improvements and related equipment to enable a provider to offer services
on site. Where services are not offered on site, the community housing provider
must demonstrate that access to services is available elsewhere in the community.
(a) New and Existing Community
Housing. Funds may be used to develop new community housing or to preserve or renovate
existing community housing for persons with serious mental illness. To this end,
funding may be used toward acquisition, remodeling, maintenance, repair, permanently
installed fixtures or appliances and equipment.
(b) Occupancy of Community Housing.
The community housing to be assisted with funds from the Community Mental Health
Housing Fund must be made available for occupancy by persons with serious mental
illness. Consistent with the designated housing model, additional individuals, such
as resident man- agers, care providers,
family members and roommates, may also reside in the housing to the extent allowed
under ORS 426.502.
(c) Exclusions. Funds from the Community
Mental Health Housing Fund cannot be used to support service provision at the community
housing.
(3) Allocation of Funds for
Community Housing Purposes. The Assistant Director shall annually identify the amount
of funds available in the Community Mental Health Housing Fund for community housing
purposes.
(a) Allocation Plan. The Assistant
Director or designee shall establish, with advice and input from the Community Mental
Health Housing Fund Advisory Committee (CMHHFAC), a plan for allocating funds. This
allocation plan shall designate amounts available for new development and renovation
awards, geographic distribution goals and any desired housing types or resident
population priorities.
(b) Distribution Plan. As funds
become available, it shall be the intent of the Division to distribute funds in
a fair and equitable manner with respect to geographic and service population considerations.
To this end, regional distribution goals will be established by the Division with
input from the CMHHFAC. These goals will be established based upon the general population
distribution in Oregon, Division data on the number of persons with serious mental
illness served in each region of the state and other factors relating to housing
needs. The distribution plan goals will be published in the application materials.
If after considering all applications for a region, the resulting awards do not
award all funds in accordance with these goals, then remaining funds may be re-allocated
to other regions.
(4) Housing Needs Assessment.
Unless targeted for a specific purpose by the Oregon Legislative Assembly, financial
assistance for community housing by the Division shall be based on the assessment
of housing needs for people with serious mental illness. In assessing housing needs,
the Division will conduct surveys, review available data, and seek input from advisory
bodies that include consumers, family members, service providers, housing providers,
citizens and other interested persons. The Division may prioritize types of housing
and specify subpopulations of persons with serious mental illness for occupation
in the community housing that will receive financial assistance.
(5) Application Process and
Award of Funds. The Division shall implement an application and award process which
may include, but is not limited to, an open process such as a first come –
first reviewed solicitation, a demonstration program, or a competitive application
process. The Division may also award emergency funds when necessary to insure the
completion of development or continued operation of community housing. The application
and award process will be consistent with the following guidelines:
(a) Notification: For the open
application process, the Division shall announce the availability of funding from
the Community Mental Health Housing Fund and provide instructions for applying for
such funding. The announcement of funding shall include a description of the fund,
the allocation plan, eligible community housing, application rating criteria, and
application materials.
(b) Application. An application
for funding shall contain all information required by the division, including, but
not limited to:
(A) A description of the proposed
community housing project, including, but not limited to, type of unit or units,
number of residents who will be persons with serious mental illness, proposed rents,
site location, the services to be available to residents and project amenities;
(B) Documentation of the applicant's
experience with developing and operating housing;
(C) A statement identifying
the length of time the unit or units will be dedicated for use by persons with serious
mental illness;
(D) An operating budget showing
anticipated revenues and expenses;
(E) The development plan, including
a development budget with all sources of funding identified; and
(F) Documentation describing
how the proposed community housing is consistent with allocation plan priorities.
Applicants will have a minimum of sixty (60) days to complete and return applications.
(c) Funding Decision. Completed
applications shall be submitted to the Assistant Director or designee.
(A) Applications shall be reviewed
and rated by a review panel established by the Assistant Director or designee. The
review panel will include at least three (3) members of the Community Mental Health
Housing Fund Advisory Committee. The review panel shall make recommendations for
funding decisions to the Assistant Director.
(B) For applications made on
an emergency basis under these rules, the Division may use an expedited review process
that includes review and comment by at least three (3) members of the Community
Mental Health Housing Fund Advisory Committee. Results of the review will be presented
to the Assistant Director who will make the final funding decisions. Applicants
will receive written notice of funding decisions.
(d) Appeal of Funding Decisions.
Applicants who do not agree with funding decisions are encouraged to discuss their
application with Division staff. If the issue is not resolved, applicants may submit
a request for appeal of the decision to the Deputy Assistant Director or designee,
as follows:
(A) The applicant requesting
an appeal will submit a written request to the Deputy Assistant Director or designee
within seven (7) business days after receiving the written funding decision.
(B) Division Review and Notification:
The Deputy Assistant Director will approve or deny the request for an appeal and
will notify the applicant in writing of the decision to approve or deny the requested
appeal, within fifteen (15) business days of receipt of the appeal.
(C) Appeal to the Assistant
Director: Appeal of the decision of the Deputy Assistant Director will be made in
writing to the Assistant Director of the Division, whose decision will be final
and will be provided in writing within fifteen (15) business days of receipt of
the appeal.
(D) The decision to grant the
appeal in favor of the applicant for one (1) request does not set a precedent that
must be followed by the Division when evaluating subsequent requests for appeal.
(6) Disbursement of Funds. The
Division will develop procedures for the disbursement of funds consistent with prudent
accounting practices and the Division's financial procedures.
(7) Security of Investment.
All funds disbursed in amounts greater than five thousand dollars ($5,000) for the
purpose of community housing shall be secured by a trust deed or other instrument
to secure the investment and insure continuing use of the property, improvements
and related equipment in accordance with the purposes of the award.
(8) Non-discrimination. Recipients
of funding for community housing shall ensure that all eligible persons with serious
mental illness shall be considered for residency without regard to:
(a) Race;
(b) Color;
(c) Sex or sexual orientation,
except as may be limited by room arrangement;
(d) Religion;
(e) Creed;
(f) National origin;
(g) Age;
(h) Familial status;
(i) Marital status;
(j) Source of income; or
(k) Disability in addition to
the serious mental illness.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHD 7-2003, f. 8-15-03
cert. ef. 9-1-03; MHS 7-2010, f. & cert. ef. 6-7-10
309-036-0120
Funds for Institutional Housing
(1) Eligible Uses for Institutional
Housing. The institutional housing to be assisted with thirty (30) percent of interest
earnings from the Community Housing Trust Account and any other funds restricted
to institutional housing purposes shall be for occupancy by persons with serious
mental illness.
(2) Allocation of Funds for
Institutional Housing Purposes. The Division's Assistant Director or designee will
annually identify the amount of funds available in the Community Mental Health Housing
Fund for institutional housing purposes.
(a) Allocation Plan. The superintendents
of the state psychiatric hospital facilities shall submit prioritized requests for
funding of institutional housing improvements to the Assistant Director or designee.
The Assistant Director or designee shall create an allocation plan based on a consolidated
prioritized list of requests.
(b) Distribution of Funds for
Institutional Housing Purposes. As funds become available, they will be distributed
to state psychiatric hospital facilities for improvements in accordance with the
allocation plan.
(3) Advisory Committee Review.
The Community Mental Health Housing Fund Advisory Committee shall review the allocation
plan and make recommendations to the Assistant Director regarding distribution of
funds for institutional housing purposes; the Assistant Director shall make the
final funding decisions.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHD 7-2003, f. 8-15-03
cert. ef. 9-1-03; MHS 7-2010, f. & cert. ef. 6-7-10
309-036-0130
Real Property for Community
Housing
(1) Property Reserved under
ORS 426.508. In accordance with ORS 426.508, the Oregon Department of Administrative
Services, in coordination with the City of Wilsonville and the Division, shall reserve
not more than ten (10) acres from the sale of the property formerly known as the
F.H. Dammasch State Hospital for transfer to the Division. The Division will use
the reserved land to develop community housing for persons with serious mental illness.
The Division will coordinate with the City of Wilsonville to identify the specific
real property reserved from the sale. Development of the land reserved for community
housing will be consistent with the Dammasch Area Transportation Efficient Land
Use Plan described in ORS 426.508.
(2) Application Process. When
one (1) or more specific lots of land reserved for community housing are confirmed
on the proposed subdivision plat, the Division will distribute the property through
a process which may include, but is not limited to, an open process such as a first
come–first reviewed solicitation, a demonstration program, a competitive review
process, or as emergency funds when necessary to ensure development or continued
operation of community housing on the site.
(3) Applications shall be reviewed
and rated by a review panel established by the Assistant Director or designee. The
review panel will include at least three (3) members of the Community Mental Health
Housing Fund Advisory Committee. The review panel shall make recommendations for
funding decisions to the Assistant Director who shall make the final funding decisions.
(4) The applicant selected as
a result of the application process will own the community housing site. The selected
applicant will be responsible for coordinating the development of the community
housing designated for the site with oversight by the Division.
(5) Award to Selected Applicant.
In awarding the reserved land to the selected applicant, the Division will restrict
the property’s use to community housing for people with serious mental illness.
The Division will transfer the property title with a deed restriction, or another
legal restriction approved by the Oregon Department of Justice.
(6) Title Transfers. When the
property title is transferred to the selected applicant, the terms of the property
transfer agreement, promissory note and trust deed shall restrict the property’s
use to community housing for people with serious mental illness and provide the
Division with a right to reclaim the property in the event of non-performance.
(7) Disbursement of Funds. The
Division will develop procedures for the disbursement of funds consistent with prudent
accounting practices and the Division's financial procedures.
(8) Security of Investment.
All funds disbursed in amounts greater than five thousand dollars ($5,000) for the
purpose of community housing shall be secured by a trust deed or other instrument
to secure the investment and insure continuing use of the property, improvements
and related equipment in accordance with the purposes of the award.
(9) Non-discrimination. Recipients
of funding for community housing shall ensure that all eligible persons with serious
mental illness shall be considered for residency without regard to:
(a) Race;
(b) Color;
(c) Sex or sexual orientation,
except as may be limited by room arrangement;
(d) Religion;
(e) Creed;
(f) National origin;
(g) Age;
(h) Familial status;
(i) Marital status;
(j) Source of income; or
(k) Disability in addition to
the serious mental illness.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHS 7-2010, f. &
cert. ef. 6-7-10
309-036-0135
Monitoring of Community
Housing Awarded Financial Assistance
(1) Monitoring. The Division
will confirm annually, or more frequently at its discretion, that the community
housing developed with financial assistance from the Division continues to operate
according to the agreed terms of the financial assistance.
(2) Non-performance. If the
Division determines through its monitoring or otherwise that the community housing
is not operating according to the agreed terms, the owner will be provided with
an opportunity for remedy. If the remedy proves unsuccessful, the Division will
consider the project in default.
(3) Default. A project shall
be considered in default when it is no longer operated consistent with the terms
of the financial assistance after the operator has been provided an opportunity
for remedy. When a project is in default, the Division will take action to recover
any payment or settlement owed per the terms of the executed security document or
contractual agreement.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHS 7-2010, f. &
cert. ef. 6-7-10
309-036-0140
Community Mental Health
Housing Fund Advisory Committee
(1) Membership and Term. The
Community Mental Health Housing Fund Advisory Committee (CMHHFAC) shall be comprised
of not less than eleven (11) members who shall be appointed by the Assistant Director
or designee. Each member shall be appointed for a term of four (4) years. Members
may be reappointed for two (2) additional four (4) year terms.
(2) Committee Composition. CMHHFAC
members shall consist of at least one (1) Division employee who shall be responsible
for convening the committee. The Division shall provide clerical support to the
committee. Additional members shall include, but not be limited to, at least one
(1) state psychiatric hospital representative, three (3) consumer advocates, one
(1) family advocate, one (1) representative from the Housing and Community Services
Department, one (1) community mental health service provider, one (1) nonprofit
housing provider, and two (2) members of the public at large.
(3) Meeting Schedule. The CMMHFAC shall meet not less than
two (2) times per year.
(4) Responsibilities. The CMHHFAC shall
be responsible for:
(a) Recommending an allocation
plan for funding awards from the Community Mental Health Housing Fund;
(b) Recommending maximum award
amounts;
(c) Reviewing and evaluating
the award decisions for community housing and institutional housing awards and making
recommendations regarding the award process;
(d) Making policy recommendations
for the operation and investment of the fund; and
(e) Such other advisory actions
as might be assigned by the Assistant Director.
Stat. Auth.: ORS 413.042 &
430.640

Stats. Implemented: ORS 426.502–426.508

Hist.: MHS 7-2010, f. &
cert. ef. 6-7-10

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