2011 ORS § 430.673¹
Mediation
  • retaliation prohibited
  • action for damages
  • attorney fees
  • rules

(1) When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopted by the department.

(2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under this chapter, either party may request mediation under rules adopted by the authority.

(3) A county may not retaliate against a community mental health program or community developmental disabilities program solely because the program:

(a) Requested mediation under subsection (1) or (2) of this section;

(b) Requested dispute resolution or filed an appeal under rules adopted by the department or the authority; or

(c) Initiated a contested case proceeding otherwise available under ORS chapter 183 with respect to a dispute described in subsection (1) or (2) of this section.

(4) For purposes of this section, retaliate means an adverse action taken by a county against a community mental health program or a community developmental disabilities program to:

(a) Materially alter or terminate the contract between the county and the community mental health program or community developmental disabilities program; or

(b) Fail to renew the contract between the county and the community mental health program or community developmental disabilities program.

(5) Notwithstanding any other remedy provided by law, a community mental health program or community developmental disabilities program against which a county has retaliated in violation of subsection (3) of this section may bring an action against the county for actual damages or $1,000, whichever is greater. The court shall award reasonable attorney fees to the prevailing party in an action under this subsection. An action described in this section shall be considered a tort claim under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive). Except as provided in this section, the provisions of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) apply to an action described in this section.

(6) In accordance with any applicable provision of ORS chapter 183, the department or the authority may adopt rules to carry out the provisions of this section. [1999 c.524 §4; 2003 c.430 §1; 2009 c.595 §515]