County Files Rulemaking Petition for Changes to OHA Rules That Put Staff and Residents at Risk
SALEM, OR — Today, Marion County filed a formal rulemaking petition with the Oregon Health Authority (OHA), asking the agency to reverse a series of administrative rule changes that endanger staff and residents at licensed mental health residential treatment facilities.
The petition follows a June 29 letter to OHA leadership and an August 14 meeting between OHA and multiple counties that did not result in needed commitments from OHA.
"New OHA rules endanger county staff, program participants, visitors, and neighbors," said Commissioner Danielle Bethell. “It is unacceptable that OHA refuses reasonable safety protections. We will not stop fighting to ensure our staff and the residents in these facilities they serve are safe from the harm OHA’s policies would needlessly cause."
Key areas of concern for the county include:
Delayed response to safety threats. Current rules require staff to wait until a resident has already caused serious physical harm to staff or another resident before an expedited transfer or discharge can begin; there is no protection at all if the person harmed is a visitor or neighbor. The petition asks OHA to at least allow the same standards used in Oregon's landlord-tenant law, which allow action when someone seriously threatens or recklessly endangers others.
Restrictions on managing alcohol use. Current rules bar some providers from prohibiting alcohol on the premises. The petition asks that providers be allowed to restrict or prohibit alcohol use when necessary for residents' and staff's safety and treatment.
Reduced flexibility in admissions. Providers are now required to accept referrals and conduct screening interviews before denying placement, even when they know an individual isn't a safe or appropriate fit for their program.
Testimony at today’s board session by Horizon House Residential Treatment administrator Anna Macera describes how OHA rules prevented staff from removing a lighter from a resident on supplemental oxygen who was repeatedly flicking it on and off next to an oxygen tank with high explosion risk, and residents who reported feeling unsafe in their own home after a peer's aggressive behavior could not be fully addressed for an extended period due to OHA rules. "Our residents deserve more than a bed," said Macera at the board session. “They deserve a home where they feel safe enough to heal, supported enough to grow, and empowered enough to build a better future.”
Under ORS 183.390, a rulemaking petition legally requires OHA to invite broader public comments on Marion County’s proposed rule changes and fully consider county concerns.
“We continue to urge OHA to partner with counties, providers, and the people directly affected as they update rules,” said Commissioner Colm Willis, Chair. “Protecting our staff and the residents they care for through these commonsense changes is the right thing to do.”