DIVISION 36
COMMUNITY MENTAL HEALTH HOUSING FUND
309-036-0100
Statement of Purpose
Statement of Purpose. These rules prescribe standards for the administration of the Community Mental Health Housing Fund. The Community Mental Health Housing Fund, supported in part by the Community Housing Trust Account, shall be administered by the Department of Human Services, through its Office of Mental Health and Addiction Services.
Stat. Auth.: ORS 430.640
Stats. Implemented: ORS 426.502 - 426.508
Hist.: MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
309-036-0105
Definitions
As used in these rules:
(1) "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(2). It does not include hospitals, nursing homes, correctional facilities and other institutional housing except as provided in subsection (5) of this rule .
(2) "Construct" means to build, install, assemble, expand, alter, convert, repair, replace or relocate. It can also mean to install equipment and necessary infrastructure to prepare a site.
(3) "Department" means the Department of Human Services.
(4) "Equipment" means furnishings, fixtures or appliances that are used or could be used to provide community housing.
(5) "Institutional housing" means a state psychiatric hospital in Oregon, such as Eastern Oregon Psychiatric Center or Oregon State Hospital.
(6) "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(2)(b) which includes, but is not limited to, conditions such as schizophrenia, serious affective and paranoid disorders, 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 year, or on the basis of a specific diagnosis, are likely to continue for more than one year; and
(b) Is impaired to an extent which substantially limits the person's consistent functioning in one 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.
Stat. Auth.: ORS 430.640
Stats. Implemented: ORS 426.502 - 426.508
Hist.: MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
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 Community Mental Health Housing 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 Department of Human Services to carry out the provisions of ORS 426.504 through its Office of Mental Health and Addiction Services for the purpose of providing housing for persons with serious mental illness.
(a) Income to the Community Mental Health Housing 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 Department and used as community housing; (D) money reallocated from other areas of the Department'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 426.406(3)(a), 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. Any gifts restricted by a contributor shall not be available for re-allocation except as may be specified by the contributor.
(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 95% 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 percent of the sale proceeds received by the Department of Human Services 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 percent of interest earned on deposits in the Community Housing Trust Account shall be expended for community housing purposes in accordance with 309-036-0115. Thirty percent of interest earned on deposits in the Community Housing Trust Account shall be expended for institutional housing purposes in accordance with 309-036-0120.
(5) Limitations on Expenditure. Interest earned on deposits in the account shall not be used to support operating expenses of the Department.
Stat. Auth.: ORS 430.640
Stats. Implemented: ORS 426.502 - 426.508
Hist.: MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
309-036-0115
Community Housing
(1) As used in this rule, the term "community housing" does not include institutional 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 Office of Mental Health and Addiction Services 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, apartments, 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 from the Community Mental Health Housing Fund 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, maintenance, repair, furnishings 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 managers, care providers, family members and roommates, may also reside in the housing to the extent allowed under ORS 426.502(2).
(c) Exclusions. Funds from the Community Mental Health Housing Fund cannot be used to support ongoing operation of the community housing.
(3) Allocation of Funds for Community Housing Purposes. The Department's Assistant Director for Health Services shall annually identify the amount of funds available in the Community Mental Health Housing Fund for community housing purposes.
(a) Allocation Plan. The Department's Assistant Director for Health Services or designated representative shall establish, with advice and input from the Community Mental Health Housing Fund Advisory Committee, 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 Department 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 Department with input from the Mental Health Housing Fund Advisory Committee. These goals will be established based upon the general population distribution in Oregon, OMHAS 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) Application Process and Award of Funds. OMHAS shall implement an application and award process consistent with the following guidelines.
(a) Notification: OMHAS 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 department, including, but not limited to, (A) a description of the proposed community housing project (including, but not limited to, type of unit(s), 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(s) will be dedicated for use by persons with serious mental illness; (D) an estimate of the operating revenues and expenses; (E) the development plan, including a development budget with 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 60 days to complete and return applications.
(c) Determination. Completed applications shall be submitted to the Administrator of the Office of Mental Health and Addiction Services. Applications shall be reviewed and rated by a review panel established by the OMHAS Administrator that will include at least three members of the Community Mental Health Housing Fund Advisory Committee. The review panel shall make recommendations for funding decisions to the OMHAS Administrator who will make final funding decisions. Applicants will receive written notice of funding decisions.
(d) Right to Appeal. Applicants who do not agree with funding decisions are encouraged to discuss their complaint with Office of Mental Health and Addiction Services staff. If the issue is not resolved, applicants may submit a request for formal review of the decision to the Department's Assistant Director for Health Services. The Assistant Director shall appoint a review committee whose members shall review the application materials and request for appeal and make a recommendation in 30 days. The Assistant Director shall make a decision based upon this recommendation within 15 days. The decision of the Assistant Director shall be final. (5) Disbursement of Funds. OMHAS will development procedures for the disbursement of funds consistent with prudent accounting practices and Department financial procedures.
(6) Security of Investment. All funds disbursed in amounts greater than $5,000 for the purpose of community housing shall be secured by a trust deed or other instrument to secure and insure continuing use of the property, improvements and related equipment in accordance with the purposes of the award.
(7) 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 race, color, sex or sexual orientation (except as may be limited by room arrangement), religion, creed, national origin, age (except under 18), familial status, marital status, source of income, or disability in addition to the mental or emotional disorder.
Stat. Auth.: ORS 430.640
Stats. Implemented: ORS 426.502 - 426.508
Hist.: MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
309-036-0120
Institutional Housing
(1) Eligible Uses for Institutional housing. The institutional housing to be assisted with 30% of interest earnings from the Community Housing Trust Account and any other funds restricted to institutional housing purposes shall mean state psychiatric hospital facilities including buildings, grounds, leased facilities, infrastructure and ancillary facilities. The institutional housing to be assisted must be for occupancy by persons with serious mental illness.
(2) Allocation of Funds for Institutional Housing Purposes. The Department's Assistant Director for Health Services 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 for Health Services or designee. The Assistant Director for Health Services 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) Oversight. The Community Mental Health Housing Fund Advisory Committee shall review the allocation plan and distribution of funds for institutional housing purposes.
Stat. Auth.: ORS 430.640
Stats. Implemented: ORS 426.502 - 426.508
Hist.: MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
309-036-0125
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 seven (7) members who shall be appointed by the Department's Assistant Director for Health Services or designee. Each member shall be appointed for a term of four years, and may be re-appointed for one additional four-year term. For initial appointments, approximately half of the members shall be appointed for initial two-year terms.
(2) Committee Composition. CMHHFAC members shall consist of at least one OMHAS employee who shall be responsible for convening the committee. OMHAS shall provide clerical support to the committee. Additional members shall include at least one state psychiatric hospital representative, one consumer advocate, one family advocate, one representative from the Housing and Community Services Department, one community mental health service provider, and one nonprofit housing provider.
(3) Meeting Schedule. The CMMHFAC shall meet not less than two 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 awards and making recommendations regarding the award process; (d) making policy recommendations for the operation of the fund; and (e) such other advisory actions as might be assigned by the Department's Assistant Director for Health Services.
Stat. Auth.: ORS 430.640
Stats. Implemented: ORS 426.502 - 426.508
Hist.: MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03
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