QUESTIONS AND ANSWERS REGARDING JOHNSON CREEK, A SECURE RESIDENTIAL FACILITY:

The information provided below was accurate based on the status of the Johnson Creek SRTF project as of September 2008.  There have since been changes, including, but not limited to the size of the facility, the resident population, etc.  For up-to-date information on Johnson Creek SRTF, please visit the web page dedicated to this specific project:

http://www.communitycares.info/category/find-a-project/oregon/clackamas-county-balfour-srtf/

Clackamas County Board of County Commissioners

Public Meeting Thursday, September 25, 2008

Secure Residential Treatment Facility, 2808 SE  Balfour Street, Milwaukie, Oregon

Questions and Answers

The following responses are provided by Clackamas County:

What is the County’s role in selecting the site?

The County has no role in siting the facility.

The County allocated $195,000 of federal Community Development Block Brant funds for acquisition of a property in Clackamas County.  The funds are part of the 2006-2009 Consolidated Plan generated by the Community Development division.  The County also allocated additional dollars for construction.  The County did not control the selection of the property; that choice was made by the provider, Columbia Care.

What are the County options for the facility siting and please address the recent lawsuit from Milwaukie.

Options for the facility siting - If the Board were to take actions to prohibit the facility, it would be in violation of Federal Fair Housing Act which prohibits discrimination in housing-related transactions or opportunities, based on race, color, national origin, religion, sex, familial status….and handicap (disability) as well as Title II of the Americans with Disabilities Act.

State Laws, Oregon revised Statutes 197.663 - 197.670 provide that “residential facilities shall be considered as residential property and be located in a residential area”.

Recent lawsuit – The County was not a party to the lawsuit and we are unable to provide information.  That information may be available from the City of Milwaukie.

What assurances do you have that the community will be safe?

Individuals under the jurisdiction of the Psychiatric Security Review Board (PSRB) would undergo four separate screening and assessment processes conducted by the Oregon State Hospital Staff, the Psychiatric Security Review Board, Clackamas County Community Health, and ColumbiaCare Services to determine if they pose a danger to the community and whether their needs can be appropriately addressed.  The County can decline to accept a placement if they determine the individual is too dangerous to move to the community.

Individuals who are recommended for placement out of the Extended Managed Care Unit are screened and assessed by the Oregon State Hospital and ColumbiaCare with the assistance of Clackamas County Community Health.  Once placed, residents are under 24 hour awake supervision including on-site treatment and medication management.  The facility itself will be secure internally and externally.

Help us understand the County role in the resident selection process.

The County has qualified staff who are experienced and dedicated to working with PSRB clients.

Individuals under PSRB undergo extensive monitoring and reporting by the County.  It is the most active level of case management.

Will the patients have passes in the community?

It depends upon the conditions of their release.  Eventually, they may earn the privilege to go visit their family, church, the store etc.  Once they no longer need the level of supervision provided in the facility, they will move to a less secure place to live.

Talk about the request to relocate the facility; the County cannot make that call?

No, we cannot.  The location of a residential facility is subject to state and federal laws as noted above and is the choice of the developer.

How much would a lawsuit cost the taxpayer?

We don’t know; however, Nashville, Tennessee recently lost a similar case where the city interfered with the location of an adolescent treatment facility.  It cost the city around one million dollars and the court determined that the facility had a right to be placed where it originally intended to be located.

Shouldn’t the County look for fairer ways to relocate the facility somewhere else?

The state Department of Human Services issued a Request for Applications for Development to develop community-based services and housing for consumers transitioning from the Oregon State Hospital. Although this process included specific counties for development, the developer was chosen by the state and the developer selected the site.

Has the Governors workgroup halted these types of projects?

Not to our knowledge.  The State is continuing development of these facilities.

Help us understand the difference between group homes and other places.

There is a continuum of residential services dependent upon the level of staffing and treatment needed.  Examples of community based-facilities include secure and non-secure residential treatment, foster care, group homes, supportive apartments, and independent living. (See Oregon Revised Statutes, chapter 443 regarding definitions for residential facilities and homes.)

Why isn’t the facility located in Sandy or Red Soils, in a commercial zone?

Sandy:

In 2006 a site located within the City of Sandy was explored.  The site was not zoned for residential use and would have required a conditional use permit.  It was determined that the site did not offer sufficient space and was too far removed from public services.

Red Soils:

In 2007 an inquiry was made to determine if land on the County’s Red Soils campus could be developed for residential use. The land is zoned “mixed used employment” and would have required a conditional use permit.  It was determined that residential facilities are not allowed within that zoning.  Also, the site was not large enough to accommodate the needs of the facility.

Residential use in Commercial Zone; state zoning laws found in Oregon Revised Statues (ORS) chapter 197 determine where residential facilities may be located; two relevant laws are listed below:

ORS  197.665  Locations of residential homes.

(1) Residential homes shall be a permitted use in:

(a) Any residential zone, including a residential zone which allows a single-family dwelling;

and

(b) Any commercial zone which allows a single-family dwelling.

(2) A city or county may not impose any zoning requirement on the establishment and maintenance of a residential home in a zone described in subsection (1) of this section that is more restrictive than a zoning requirement imposed on a single-family dwelling in the same zone.

ORS 197.667  Location of residential facility; application and supporting documentation.

(1) A residential facility shall be a permitted use in any zone where multifamily residential uses are a permitted use.

What is the environmental impact?

The County, Community Development program conducted an environmental review and found that the project would have no significant impact on the human environment and made a “Finding of No Significant Impact” to the US Department of Housing and Urban Development (HUD).  Consistent with HUD regulations an Environmental Impact Statement is not required by HUD or the National Environmental Policy Act (NEPA) of 1969 based upon the county’s finding.

Where is the common sense in this?

State and federal laws are very clear and dictate what the County can and cannot do with respect to interfering in residential development that is protected by the federal Fair Housing Act.

Are the Commissioners required to sign contracts with Columbia Care and have no say in siting the facility?

Federal law prohibits the County from imposing conditions on the developer of housing protected by the federal Fair Housing Act that it could not also impose on other developers building multi-family housing in permitted residential zones. This would include where to build housing when zoning permits its use.

The following responses are provided by ColumbiaCare Services (CCS).

ColumbiaCare Services name change 2003.  Why?

Our previous name was Oregon Regional Behavioral Services.  We changed our name in January of 2008 due to expansion of services into other states (Idaho), and we no longer felt this name was representative of our agency.  We also felt it was time to update our website to become more informative, welcoming, and user friendly.  It made sense to make some of these organizational changes at the same time.

Has this management company managed a facility of this size and clientele?  If so, for how long and where?

Yes. The Executive Director of ColumbiaCare (and other administrative staff) have developed and operated a 16 bed, a 15 bed and two 12 bed residential facilities.  In addition we have developed two 16 bed facilities for others to operate.  ColumbiaCare has extensive history and experience in designing, developing, and operating residential treatment facilities in Oregon and Idaho, and has a proven track record of providing quality services that produce positive outcomes for residents, safety for residents and community members, and positive professional relationships with partnering agencies and communities.

The current principals of ColumbiaCare collectively have over 50 years of combined experience, and prior to forming ColumbiaCare, operated a comprehensive community mental health program with over 200 employees.  Since forming ColumbiaCare Services in 2003, the company has designed, developed and is now operating 10 licensed treatment facilities providing 24-hour residential services to adults with a primary diagnosis of mental illness, operates 3 supportive housing apartment buildings, and has 2 more facilities under construction or development.  For more information and photographs of our facilities and programs, please visit our website at www.columbiacare.org

Credentials

• ColumbiaCare is licensed to operate Residential Treatment Homes and Facilities for Adults with Mental Illnesses in 5 Oregon counties (Coos, Curry, Morrow, Multnomah, Wasco)-State of Oregon Addictions and Mental Health Division.
• ColumbiaCare has a Certificate of Approval to provide Adult Mental Health Outpatient Services in 4 Oregon counties Coos, Curry, Morrow, Multnomah)-State of Oregon Addictions and Mental Health Division.
• ColumbiaCare is an approved Community Rehabilitation Provider of Supported Employment Services state wide- State of Oregon Office of Vocational Rehabilitation Services
• ColumbiaCare is licensed to provide Secure Transportation Services-State of Oregon
• ColumbiaCare has developed a Center for Suicide Prevention which offers consultation, training and curricula development services with the goal of creating suicide-safer communities.   ColumbiaCare sponsors ASIST and RESPONSE programs.

Has the mental health division investigated this management company’s survey history over the last six years?  What were the results?

Every one of ColumbiaCare’s facilities is licensed and inspected for compliance by the State of Oregon at least every 2 years.  Every one of our facilities has always been re-licensed.

Has the sheriff, police department, and/or fire and ambulance service been called for information on the emergencies they have received from CCS facilities during the time they have managed these facilities?

Yes of course, in a period of 14 years there have been all kinds of emergencies.  ColumbiaCare has operated multiple facilities, all with several, unrelated residents living under one roof, 24 hours a day over many years.  When you add the dynamic of some individuals dealing with physical health issues and all recovering from a severe and persistent mental illness- there is the unavoidable reality of calls to emergency services.  We feel that that the amount of emergency calls from our facilities is very acceptable, and actually quite low considering the treatment environment and nature of our business.

Has Protective Services been called?  How often and for what reason?

No.

Turn over rate of staffing?  Workers Comp Issues?

ColumbiaCare does not have a cumulative turn over rate available but it is monitored by Administrative staff and the Board of Directors, and it has been very low.  There have been no significant workers compensation claims due to client actions.

What is the criteria to determine if a client is appropriate?

First, prospective residents are evaluated and approved by the Psychiatrists and treatment team at the Oregon State Hospital for their ability to live in a residential treatment facility and a determination is made that this placement will be safe for the community.  Second, Clackamas County Community Health determines the prospective resident’s ability to live in a residential treatment facility and whether the prospective resident would be a danger to the community.  After these two reviews ColumbiaCare evaluates the placement based upon community safety and they also take into account resident mix, mental health history, physical health needs, availability and qualifications of staff and ability to benefit from treatment.  This screening includes a visit to the prospective resident at the State Hospital by our Clinical Director (PhD) and/or Facility Administrator (QMHP-Qualified Mental Health Professional-Master’s Level Therapist), as well as stringent resident file review. If approved, the resident is transferred from the State Hospital and admitted to a ColumbiaCare Facility.

*If the client is under the jurisdiction of the PSRB, a final plan for the resident is submitted to the Psychiatric Security Review Board by ColumbiaCare and Clackamas County Community Health.  Only after PSRB approval is the resident transferred from the State Hospital and admitted to a ColumbiaCare Facility.

If a resident becomes out of control, who is called, how is this handled by various agencies, and where will this individual be placed if all avenues are full?

Again, the answer is dependent on the type of resident and definition and level of “out of control”.  If the resident is under the jurisdiction of the PSRB and has violated the terms of their Conditional Discharge Plan, law enforcement would be called and they would be returned to the State Hospital.  If a resident were found to be “out of control” such that staff felt they or another resident were in danger, law enforcement would be called.  If a resident were psychiatrically decompensating (becoming unstable), they would be transported to the hospital emergency room either by staff or by ambulance, whichever was appropriate.

What has been the impact on the neighborhood?

Our facilities are very well designed and we have not historically found there to be any negative impact on property values.  We make every reasonable effort to design the facility so that it blends in as much as possible.  Often times, the development of our new facilities and/or renovation of existing homes enhance the look of the neighborhood, specifically when development calls for street improvements.  We take great pride in the appearance of our facilities, both inside and out.  This is not just for our reputation, but to be a benefit to the community and because it is an importance piece of ColumbiaCare’s Treatment Philosophy to provide a warm, welcoming, upscale environment for our residents.  Our residents are less likely to want to leave without authorization when they are receiving quality treatment provided by a caring staff, eating home-cooked meals in a comfortable, safe, and nice looking home.  For some, our facility-their home, is the nicest environment they have ever lived in, and it can lend to their desire to improve their situation.

Has the City Manager of each city, where facilities are located, been called for their input?

ColumbiaCare follows City, County, State and Federal regulations when it comes to developing new facilities.  The City Planning Department’s approval is one of the very first steps in the development process, even before purchasing a piece of property.  Our facilities do not go in secretly.  We also are bound by Federal Fair Housing laws about where disabled citizens have a right to live and what notifications and to who we are allowed to make.

How can the State, City, and CCS guarantee the safety of the disabled and elderly who live in the immediate area?  Hillside Manor and Hillside Park have approximately 135 disabled, 77 elderly (some of these residents are both) and 43 children who live in the immediate area.  In the neighborhood, many children, some disabled, live either directly across the street from the proposed facility on Balfour Street.

ColumbiaCare is committed to the safety and well-being of both our residents and community members.  As we develop residential service programs, we put this statement into action by adhering to a community integration process which includes:

• Ensuring appropriate resident placement through careful and appropriate screening and placement procedures;
• Carefully designing and building each particular facility with the appropriate level of physical safeguards based on the level of care;
• Coordinating with local law enforcement, public officials, partnering provider agencies and interested community members to proactively address emergency response plans which may include instructions such as when and how the general public should communicate concerns, and to whom; when and how staff will report facility incidents to local law enforcement; and how both local law enforcement and ColumbiaCare can best respond to an issue should one arise, in a timely, respectful and safe manner.
• Going above and beyond to recruit and retain highly qualified and professional staff to provide the appropriate level of staff supervision and treatment;
• Staying dedicated to the ColumbiaCare mission and ultimate goal of providing quality treatment which “provides residents a pathway to achieving the same things that all humans need to not only feel safe and well taken care of, but to contribute and thrive”.

ColumbiaCare has a long record of quality treatment for our residents and an exemplary safety record for our neighbors.  We do not and will not admit residents that will be a threat to the neighborhood in which our facilities are located.  We design facilities, treatment plans and hire staff to insure good treatment and safe conditions for residents and neighbors alike.

What type of citizen involvement will be encouraged?

ColumbiaCare has developed a Project Communication Plan which includes working with partner agencies to make sure everyone involved in the project is involved in helping provide accurate information.

We have developed a new website for the purpose of providing information to the public and to provide progress reports and development updates, but also to try and help educate the public about us, our services, resident rights, etc.  www.communitycares.info

We are developing information packets to go out in the mail, in case there are those who do not have access to computers or the internet (we don’t to miss anyone).

We have plans to not just to respond when a neighbor has a question, but to initiate discussions with individuals and the Neighborhood Association.  We want the Association to help us facilitate neighborhood information meetings where we share information, but also spend a great deal of time (however much it takes) to hear concerns and take into consideration reasonable suggestions about the operations and physical building itself.

We plan to meet with local law enforcement at the appropriate time to have discussions about how to report/respond to incidents that may arise so that a safety plan is in place that will benefit everyone involved.  This will help us to avoid under reaction and overreaction.

We plan to hold an Open House just prior to residents moving in so citizens can take a tour and meet staff.

We will have our Facility Administrator join or attend the Neighborhood Association/Meetings to give regular updates or address ongoing questions.  They will become a familiar face and be easily accessible.

It is important to remember that these communications will take place as the project unfolds and all information will not be available immediately as preliminary information may be inaccurate.  There will be time to do all of the things mentioned above.

We are not required to do all of this-we WANT to do it, and are offering to do it.  We want to be good neighbors, we want to alleviate fear, and we want to provide the best services we can. In the meantime, we have made efforts to contact various members of the Neighborhood Association, attended the Commissioners Information meeting, and published the website, all before we have even purchased the property.

What type of further communications will be given to the neighborhood association, by whom, and by what time frame?

See response directly above.

In one communication, the ratio of the 15 residents states: 5 severe persistent mental illness; 8 with mental illness under jurisdiction of the PSRB; 2 CC Community Health clients with mental illness.  Is this correct?

This is possible.  The State and the County determine the mix of residents, not ColumbiaCare.  Those agencies are still working on that.  There will be no more than 15 residents.  The exact mix is yet to be determined, but should be decided very soon.  When the information becomes available, we will share it.

Will there be murders, rapists, and pedophiles placed at this facility.  If so, what precautions will be taken to protect the other patients as well as the neighborhood?  What will be the age mix?  Will there be both men and women and in what ratio?  Will each room have its own bathroom?  Will patients have the ability to lock their rooms in order to feel safe from other patients?  Will there be ‘holding cells’ and if so, will these cells be considered as a bedroom or will they be in addition to those already allocated?

Residents under the jurisdiction of the PSRB may have committed crimes ranging from misdemeanors to felonies, as a result of their mental illness.  All residents will be over 18.  There will be men and women, however; the ratio is unknown until the actual residents are selected about 60-90 days before opening.  There will not be private bathrooms.  Individual rooms may be locked by the resident for privacy but staff will have keys and access.  There will be no “holding cells”.  This is a residential treatment facility with rooms, not cells.   The facility may or may not include crisis-respite beds, which are rooms that would provide services to Clackamas County residents for up to 30 days.   Again, the State and the County determine the mix of residents not ColumbiaCare.  Despite the type of rooms and type of service and residents, there will be no more than 15 residents total.    If the building plans appear to have more than 15 bedrooms, it is only to provide flexibility in office space, bedrooms, other uses, etc.

Will the CC Community Health provide psychiatric consultation/medication management, etc. and oversight of the Oregon Admin Rules compliance?

Columbia Care will provide the psychiatric services and the medication management but Clackamas County Community Health will provide supervision of any residents under PSRB jurisdiction and will also inspect the facility for compliance with Oregon Administrative Rules along with the State.

Since the OAR under Residential Treatment Facilities do not apply to this type of occupancy, will there be new rules adopted?  Who will draft them and under what time frame?

OAR’s (Oregon Administrative Rules) for a Residential Treatment Facility do apply.

Will there be certified Nurses aides, LPNs, and/or RNs on duty 24 hours per day?  What will the staff ratio to patients per shift be?

Because the exact mix of resident population is unknown at this time, we are unable to provide exact staff to patient ratio per shift.  As soon as we know for sure, we will provide that information.  We can tell you that the Secure Residential Treatment Facility will have approximately 24 total ColumbiaCare staff that will be administrating and providing treatment services.  This will be in addition to State and County employees that will provide on-site monitoring and case management services.  ColumbiaCare staff will likely include a Psychiatrist, Nurse Practitioner, Registered Nurse, Qualified Mental Health Professionals (Master’s Level Therapists), and QMHAs (Bachelor’s level degree in psychology or related degree, or combined education or experience in psychology or related field).   The facility will be staffed with 24-hour awake staff, providing uninterrupted supervision.  Again, when more detailed information becomes available, we will share it.

What guidelines, policy and procedures will this facility allow during this interim period?

We are unaware of any “interim period”.  ColumbiaCare has current policies and procedures required by Oregon Administrative Rule, as well as additional internal facility operations policies and procedures.

How can we, as concerned citizens, have input into these requirements?

In regard to state law and administrative rules, every citizen has the opportunity to vote for the elected representatives who pass the related laws.  If the question refers to opportunities for concerned citizens to provide input related to facility design and security measures; ColumbiaCare will consider any reasonable suggestions.   

I have 20 plus years experience as an Administrator in the nursing home field with the last 8 years at a 30 bed secured psychiatric facility.  Patients that are mentally challenged and/or have been violent, in my opinion, should not be released into a community setting until they have been observed in an Enhanced Care Facility which is one step below the State Hospital placement.  Being placed in a “residential treatment facility” as it is being called, saves the State money, is not as regulated, and is a disservice to the patients, neighborhoods, and the community in general.

Secure Residential Treatment Facilities are licensed by the State of Oregon.  They are carefully and thoroughly regulated and no patient from the State Hospital is, or will be, placed in this or any other Secure Residential Treatment Facility unless the psychiatrists and treatment team at the State Hospital, the Psychiatric Security Review Board (if the resident is under their jurisdiction), the mental health evaluation team at Clackamas County Community Health, and the appropriate ColumbiaCare clinical evaluation finds that the placement is appropriate for the resident and safe for the community.  We do not agree in any way that this is a disservice to patients, neighborhoods or the community in general in fact this has proved to be a better treatment modality for our residents and completely safe for neighborhoods.

• ColumbiaCare’s History and Experience
• ColumbiaCare’s Community Relations Philosophy
• The Purpose and Importance of Community Integration and The Continuum of Residential Care
• Up-to-date Information About Specific Projects We are Developing in Various Communities
• The Rights of Our Residents Regarding Non-Discrimination and Privacy
• The Psychiatric Security Review Board (PSRB)
• Resources and Contact Information
• Frequently Asked Questions
• Testimonials
• Ways to Contact Us With Your Questions and Concerns

This website is much like any working document, where information is subject to change.  This website is just one way to provide updates on developing projects and services as changes happen.  We will make every effort to keep the website pages relevant and up-to-date.  If you have additional information, questions, or suggested topics you would like to see covered, you may send us those requests for our consideration. 

Thank you very much.

Although we enjoy talking about our company and services, we realize the importance of letting people hear what others (colleagues, community members, staff, treatment providers, partner agencies, public officials and law enforcement, and of course, residents) say about their experience with us, their experience with mental illness and mental health treatment.  This is the forum for just that.

josephine-county-sheriff-gil-gilbertson1

testimonial-concerning-the-value-of-residential-facilities

coos-county-sheriff-jackson-testimonial-1022081

More coming soon!

Last Updated November 14, 2008

ColumbiaCare is dedicating this entire page to publishing contact information for our company and providing links to other agencies that may be able to provide useful information about the mental health system, related service programs, and mental health advocacy.

We encourage you to contact us with specific questions about our company, service programs and particular projects under development.  We also encourage you to contact us to express concerns or support.  We will make efforts to be timely in our responses to you.

This page is a work in progress.  Thank you for your patience as we continue to add information.

ColumbiaCare Services, Inc.
3587 Heathrow Way     Medford, OR 97504
Phone: 1(541) 858-8170     Fax: 1(541) 858-8167
Executive Director: Robert C. Beckett bbeckett@columbiacare.org
Executive Assistant: Jennifer Jones jjones@columbiacare.org

For additional staff and contact numbers, please visit www.columbiacare.org

NEW PROJECT FACT SHEET

New Project Fact Sheets are works in progress just as new projects are, and will be modified periodically to accurately reflect changes in the details and progress of any particular development.   In an effort to provide progress reports as our projects unfold, we need to note that all information found here should be considered preliminary in nature and subject to change unless otherwise specified.

Project Title: Johnson Creek SRTF

Location: 2808 SE Balfour Street Milwaukie, Oregon (Clackamas County)

Land Use: Permitted Use, Residential R-7

Owner/Operator: ColumbiaCare Services, Inc.

Project Funding Sources:

Clackamas County Community Development Funds (federal):  Land Acquisition

State of Oregon Mental Health Housing Fund: Project Development

ColumbiaCare Conventional Loans: Project Development

Anticipated Completion Date: Fall 2009

Type of Facility/Specifics: Secure Residential Treatment Facility

Resident Population To Be Served: Eight adults who have a mental illness and who are under the jurisdiction of the Psychiatric Security Review Board.

Screening and Placement: Prospective residents are evaluated by psychiatrists and the treatment team at the Oregon State Hospital; by the Psychiatric Security Review Board; by mental health professionals at Clackamas Community Health; and by ColumbiaCare Services to ensure that each individual is ready to step-down into a secure residential treatment facility and that the placement will be safe for the community.

Services To Be Provided: ColumbiaCare will provide 24 hour a day, 7 day a week awake staff to provide residential daily structure and support services; and *on-site adult outpatient mental health treatment services (such as treatment planning, medication management, individual and group skills training, individual therapy, and discharge planning in coordination with partnering agencies).  Clackamas County Community Health will provide PSRB case management and other monitoring services.  The Psychiatric Security Review Board will also monitor the care and progress of the residents.

*On-site adult outpatient mental health treatment services (as described above) will only be provided to residents living within the facility.

Staffing: ColumbiaCare will recruit, hire, and train facility staff.  Facility staffing levels will be appropriate and based on service program requirements and resident needs.  More specific staff numbers/ratios will be provided when determined.  ColumbiaCare facility staff will likely include a Psychiatrist, Nurse Practitioner, Qualified Mental Health Professionals (Master’s level therapist), and QMHAs (Bachelor’s level degree in behavioral sciences field or a combination of at least three year’s relevant work, education, training or experience).  ColumbiaCare facility staff will be administrating and providing treatment services.  In addition, the County will provide on-site monitoring and case management services, and the State will provide site reviews based on Oregon Administrative Rule.

ColumbiaCare will continue to create ways for the community to be involved with the project, both during the development process and after the project is up and running.  These include, but are not necessarily limited to:

• Requesting citizen input on various facility design elements and safety features.
• Developing a “Systems Management Committee” when the facility nears completion.  The ColumbiaCare Facility Administrator will invite representatives from the neighborhood, local law enforcement, and other partner agencies to serve on this committee and to meet on a regular basis to discuss any facility issues that may be impacting the community, to identify and review what is working well, and provide suggestions for improvement that will benefit the residents and the neighborhood.

ColumbiaCare welcomes constructive feedback, and will use the information to continue to improve communications.  Please keep in mind that we may not always have the answers to every question when it is requested, as information is sometimes unavailable based on where we are in this process.   We do thank you for your patience when it is necessary.

If you would like have to your email address added to our communications distribution list for this project, or you have a questions, please send us an email request at jjones@columbiacare.org or contact us by phone at (541) 858-8170.

General Development Updates:

February 2010

Johnson Creek has opened and staff welcomed new residents during the third week of February.  We would like to extend our thanks to all who have participated in the process of making the program a reality and helping our residents realize their goal of living successfully in the community. We would like to recognize all of the members of the community who spent a substantial amount of their time and energy learning about the program and developing a Good Neighbor Agreement that reflects our shared desire to work together and mutual commitment to the well-being of every member of the neighborhood. We look forward now to providing the supervision and excellent services that will create a therapeutic environment for residents and prove us to be a positive additional to the surrounding community.

January 2010

Happy New Year and we hope you have enjoyed the holidays.  The latest development update for the Johnson Creek facility is that we are still on hold.  We had been hopeful that we would be able to open during the first week of January, but the weather has not cooperated.  All development, with the exception of laying the asphalt, is complete.  Up to this point the City of Milwaukie has made the decision not to issue a temporary occupancy, but we have been approved to begin laying asphalt as soon as January 7th, weather permitting. The residential license inspection has been rescheduled to take place Monday, January 4th.  In the meantime Andrew Axer (Facility Administrator) has continued to make best efforts to stay in communication and comfort the residents and staff.  We have been able to retain almost all of the originally hired staff who have stayed on as ‘on-call’ employees at other ColumbiaCare facilities until Johnson Creek is open and operating.

Although it would have been ideal to have residents spending the holidays in their new home, Andrew did take the opportunity to visit the hospital and bring Johnson Creek residents a gift on Christmas Eve.

November 2009

Due to a second break in the water line from the street to the house, we are experiencing continued delays in the schedule for opening.  Rather than attempting to speculate an exact date for beginning operations, we will schedule the residential license and Fire Marshall inspections as soon as the facility passes the final building inspection.  ColumbiaCare will then be able to set the date for the residents to move in.  As soon as we have that date, we will post it to the website.

October 2009

Johnson Creek Front Yard

Johnson Creek Backyard Landscaping

Johnson Creek Side Yard & Patio

Johnson Creek Walking Path

Johnson Creek Backyard

Johnson Creek Front Yard

Johnson Creek Visitor/Conference Room

Johnson Creek Individual Therapy Room

Johnson Creek Bedroom

Johnson Creek Living/Dining Room

September 2009

We are nearing completion of Johnson Creek and anticipate opening on October 12, 2009.  We are very pleased with how the facility has turned out.   ColumbiaCare has the highest commitment to community safety and the psychiatric recovery of the eight people who will be residing there.

We are currently in the midst of planning our Open House, which will give the community a chance to come tour the facility, meet staff, and find out more about the program.

Johnson Creek Kitchen

Johnson Creek Sitting Area

August 2009

Due to some unforseen delays, ColumbiaCare has yet to finalize the security fence, however; some of the other elements of the security system have been installed, including security cameras.   We intend to post a security system summary as soon as it is complete.

ColumbiaCare has pushed back the estimated date of construction completion to September 27th, with the estimated date of opening closer to the beginning of October.

July 2009 Update:

Construction on Johnson Creek is going well.  During the last part of June, the interior and exterior of the building were painted, cabinets and finish trim were completed and interior doors were hung.  During July, we believe all of the plumbing and light fixtures will be installed.  Most of the remaining interior finish work will be completed.  Likely, the most noticeable progress during the month of July from the neighborhood perspective will be the installation of curbs, sidewalks, patio areas and landscaping.

ColumbiaCare estimates construction to be completed by the end of August, and to open Johnson Creek by the middle of September.  Please see most recent pictures below:

ColumbiaCare has been continuing to meet with representatives from the Ardenwald-Johnson Creek neighborhood, local law enforcement and NAMI to draft a possible Good Neighbor Agreement (under the mediation services of Resolutions Northwest).

June 2009 Update:

Andrew Axer, PhD has been selected to be the Administrator at Johnson Creek SRTF.  Andrew has extensive experience that directly relates to this position:

• Clinical Director, CODA, providing clinical direction and overseeing operations of addiction and mental health outpatient and residential programs.
• Clinical Director, Oregon State Hospital, Salem, providing clinical direction and oversight of non-medical professional disciplines and developing recovery oriented treatment programming throughout the hospital.
• Facility Administrator, Hazel Street 16 bed Secure Residential Treatment Facility serving PSRB clients, Jackson County, Oregon.
• Facility Administrator, Hugo Hills 16 bed Secure Residential Treatment Facility, Josephine County, Oregon.
• Various experience with Enhanced Care Programs, Supported Employment, Psychiatric Rehabilitation and related assignments with the State of Oregon, Josephine and Jackson Counties, University Psychiatric Hospital, Warsaw Poland and Brodnowski General Hospital, Warsaw Poland.

Andrew will officially assume his duties 30 days prior to opening but he will be available starting immediately to assist in resident selection, final policies and procedure development, security planning, partner relations to include state, county, law enforcement and neighbors.

We are extremely pleased to have Andrew accept this assignment and feel he is probably the most qualified person in the State of Oregon for this position.

April 29, 2009 Update

New Photos!

April 19, 2009 Update

ColumbiaCare is making substantial progress on the construction of the Johnson Creek facility.  We have put together a general development update and timeline (please see link below).

tentative-project-timeline-johnson-creek-srtf-april-2009

Johnson Creek SRTF April 15, 2009

March 25, 2009 Update

ColumbiaCare has obtained the building permit and will begin pouring concrete for the foundation of the facility.   We will also be able to put together a general development timeline which we share with the Neighborhood Association and will post here very soon. (post recreated)

March 23, 2009 Update

ColumbiaCare has not yet received building permits, but we have received permission from the City to begin formwork at the site.  This should be taking place at the site currently.

ColumbiaCare has put together a response to the Ardenwald-Johnson Creek NDA’s Concerns, Ideas and Recommendations for the Balfour St SRTF, which was submitted to ColumbiaCare for consideration and review.  We have made it available here for those who are interested in reading it.

columbiacare-responses-to-ardenwald-list-032009

February 18, 2009 Update

ColumbiaCare has submitted plans for permits.  We expect to obtain permits from the City soon, which will allow for excavation/demolition.  This means that activity could begin at the site as soon as next week, and neighbors can expect to see a crew bringing construction equipment and working at the job site to begin demolition, etc.  We are also awaiting building permits.  These may take a bit longer to obtain, but as soon as we get them we will be able to share an anticipated project development timeline.

Johnson Creek SRTF Plans (draft 2/19/2009)

December 2008/January 2009 Combined Updates

ColumbiaCare has closed on the purchase of the property located at 2808 SE Balfour Street.  ColumbiaCare will proceed according to any City Planning and CDBG Environmental Review requirements.

During this same time, ColumbiaCare will be working with all related partners and agencies to finalize the details of the service program.

ColumbiaCare has been in the process of developing a modified floor plan and site plan that will reflect the recent decision of the State to reduce the number of residents from 15 to 8.  Although the reduction of the size of the facility may not be exactly proportionate to the change in service capacity, a smaller facility will result in a decrease to the overall square footage of the building and will require fewer parking spaces.

On the general “footprint” of the building has been established, there will still be some room for flexibility in the details of the design (interior and exterior), security systems, landscaping and visual enhancements.  ColumbiaCare will share development updates with citizens through a combination of both website posts and at community information meetings, and is willing to take reasonable suggestions from local law enforcement and citizens into consideration to achieve optimal success in the operations and appearance of the facility.  (Draft drawing, site and floor plan dated January 12, 2009 below.)

Johnson Creek SRTF Drawing (draft 1/12/09)

Johnson Creek SRTF Site Plan (draft 1/12/09)

Johnson Creek SRTF Floor Plan (draft 1/12/09)

Last Updated January 2010

Collaboration. ColumbiaCare believes that collaboration is a key component in promoting the welfare of persons with mental illness. This principle is built into our agency mission and design. We believe that “community mental health” requires the involvement and support of treatment providers, local government, fellow community members, friends and family.  

ColumbiaCare believes that the stigma that comes from fear and misunderstanding can be a barrier to recovery for those who have a mental illness. Likewise, understanding, support and encouragement can be an extremely vital component in client care. In order to best encourage collaboration, we want to acknowledge and address safety concerns, make useful information accessible, express our committment to protecting the rights of our residents, keep open the lines of communication and ultimately and ideally, have you get involved in a positive way.

Safety. ColumbiaCare is committed to the safety and well-being of both our residents and community members. As we develop residential service programs, we put this statement into action by adhering to a community integration process which includes:

• Ensuring appropriate resident placement through careful and appropriate screening and placement procedures;
• Carefully designing and building each particular facility with the appropriate level of physical safeguards based on the level of care;
• Coordinating with local law enforcement, public officials, partnering provider agencies and interested community members to proactively address emergency response plans which may include instructions such as when and how the general public should communicate concerns, and to whom; when and how staff will report facility incidents to local law enforcement; and how both local law enforcement and ColumbiaCare can best address an issue should one arise in a timely, respectful and responsive manner.
• Going above and beyond to recruit and retain highly qualified and professional staff to provide the appropriate level of staff supervision and treatment;
• Staying dedicated to the ColumbiaCare mission and ultimate goal of providing quality treatment which “provides residents a pathway to achieving the same things that all humans need to not only feel safe and well taken care of, but to contribute and thrive”.

Education, Communication and Outreach. As ColumbiaCare endeavors to develop vital services in various communities, one of the greatest challenges and opportunities is community education, or making information known to the public in such a way that citizens are less likely to feel ‘anxious” about sharing the neighborhood with a residential treatment facility for those with mental illness, and become more likely to ‘advocate’ on behalf of the people living there. Ideally, those who are properly informed and educated about the realities of mental illness have less need to rely on stories they have heard, and will tend not to regard mental illness as it is often spotlighted and misrepresented in the media.

It is understandable that someone without any experience or accurate information might have negative feelings about what they do not understand. We also realize that, even after best efforts are made, there will be citizens who continue to have concerns about having a facility in their neighborhood.

In either case, it is our responsibility and desire to ease tension and overcome objections, and yet continue to move forward with the project at hand.

It is important to mention that ColumbiaCare will not participate in discriminatory housing practices, nor will we deny nor infringe upon our Resident’s rights or privacy based on:

• Federal Fair Housing Law
• Americans with Disabilities Act, and/or
• The Health Insurance Portability and Accountability Act

That being said, ColumbiaCare will provide truthful information about its facilities, service programs and resident selection process when introducing a new residential project to the neighborhood. While there is no need to draw attention to worst-case scenarios, ColumbiaCare builds trust through communication. We take pride in the services we provide to those who both need them and are entitled to them.

Next, ColumbiaCare provides additional education about our company, service programs, facilities, and mental illness in general, through one-on-one conversations, written informational materials, the Community Cares website, and various community meetings and open houses. ColumbiaCare attempts to provide concerned citizens with a better understanding as to the nature of mental illness in its full spectrum; to demonstrate that people with mental illness who live in a community residential setting can function and make valuable contributions to society; and to help people realize that a safe, caring and treatment-oriented atmosphere can help those who suffer from mental illness feel better, and therefore get better.

Involvement. Last but not least, ColumbiaCare offers the opportunity for neighbors and community members to get involved. It is remarkably effective when a concerned citizen gains understanding and then passes it on to another. Advocacy works, and eradicating the stigma around mental illness is truly a community effort that has a positive impact on everyone involved.    

For more information about information on this page, please contact ColumbiaCare Services at 1(541) 858-8170.

Mission

The primary purpose of ColumbiaCare Services is “to promote the mental health and welfare of individuals and communities by developing progressive, regional systems of behavioral health care facilities and service programs in collaboration with public and private providers of social, judicial, and health care services”.

History and Experience

ColumbiaCare has extensive history and experience in designing, developing, and operating residential treatment facilities in Oregon and Idaho, and has a proven track record of providing quality services that produce positive outcomes for residents, safety for residents and community members, and positive professional relationships with partnering agencies and communities.

The current principals of ColumbiaCare collectively have over 50 years of combined experience, and prior to forming ColumbiaCare, operated a comprehensive community mental health program with over 200 employees. Since forming ColumbiaCare Services in 2003, the company has designed, developed and is now operating 12 licensed treatment facilities providing 24-hour residential services to adults with a primary diagnosis of mental illness, 4 supportive housing apartment buildings, and has 2 more facilities under construction or development. For more information and photographs of our facilities and programs, please visit our website at www.columbiacare.org

Credentials

ColumbiaCare is licensed to operate Residential Treatment Homes and Facilities for Adults with Mental Illnesses in 6 Oregon counties (Clackamas, Coos, Curry, Morrow, Multnomah, Wasco)-State of Oregon Addictions and Mental Health Division

• ColumbiaCare has a Certificate of Approval to provide Adult Mental Health Outpatient Services in 5 Oregon counties Clackamas, Coos, Curry, Morrow, Multnomah)-State of Oregon Addictions and Mental Health Division

• ColumbiaCare is an approved Community Rehabilitation Provider of Supported Employment Services state wide- State of Oregon Office of Vocational Rehabilitation Services

• ColumbiaCare is licensed to provide Secure Transportation Services-State of Oregon

• ColumbiaCare has developed a Center for Suicide Prevention which offers consultation, training and curricula development services with the goal of creating suicide-safer communities. ColumbiaCare sponsors ASIST and RESPONSE programs.

Staff and Training

In addition to the experienced executive and administrative staff mentioned above, ColumbiaCare recruits, hires and retains skilled, qualified and professional employees to work in residential facilities. Individuals under our employ include medical and mental health professionals such as Psychiatrists, Qualified Mental Health Professionals (Master’s Level therapists), Nurses, and Qualified Mental Health Associates (Bachelor’s Level or combined education and experience in psychology or related field). We also employ/contract with individuals with specific skills that benefit a particular resident population and the community; such as former law enforcement professionals. Staffing levels are based on the type of facility and the resident population, and typically exceed state requirements. ColumbiaCare currently has more than 130 staff.

ColumbiaCare provides ongoing training for employees as it directly relates to the quality of the staff and the quality of skills they bring to their work. It’s in everyone’s best interest that our staff be knowledgeable, confident, and competent in their job performance and provide excellent care of our residents. The ColumbiaCare training program meets, and often exceeds, state requirements. Training includes both pre-service and in-service training.

Track Record

As already stated, ColumbiaCare staff has been involved in providing residential services for many years. To date, ColumbiaCare has not had an instance whereby a resident has committed a crime against a citizen. Robert Beckett, ColumbiaCare’s Executive Director, originally developed one of the longest running Secure Residential Treatment Facilities in the state (14 years).

Josephine County Sheriff Gil Gilbertson recently sent a letter stating, “A search of our records from 1995 indicate that there have been no incidents in Josephine County relating to residents of a secure residential facility harming citizens. As many Jails throughout Oregon have seen an increase in offenders with mental illnesses, the Hugo Hills Facility has proven to be an asset to this community.”This is an example of the success, not only ColumbiaCare has, but that other providers have experienced as they provide similar, high-quality services. (Hugo Hills Secure Residential Facility in Josephine County is currently being managed by Options for Southern Oregon)

Some of the projects that ColumbiaCare develops serve residents under the jurisdiction of the Psychiatric Security Review Board (PSRB). PSRB projects can range from Secure Residential Treatment Facilities, Non-Secure Residential Treatment Homes, and Supportive/Transitional Housing.

ColumbiaCare is, first and foremost, a mental health treatment agency, and supports the community integration process for those under the jurisdiction of PSRB.

We have included information (PDF Attachments Below) as provided by the Psychiatric Security Review Board (Psychiatric Security Review Board: Conditional Release and Community Treatment Facilities, and The Psychiatric Security Review Board Presentation 9/18/08), and by SAAG Micky Logan, General Counsel of the Department of Justice (Siting Community Residences for Individuals Under the Jurisdiction of the PSRB) that we hope you will find useful.

psrb_factsheet_070208

psrbpresentation9-18-08

justice-630724-v1-psrb_siting_task_force_presentation

Additional Resource Links:

http://www.oradvocacy.org/pubs/MentalHealthLawOregon/mh_ch3.htm

http://arcweb.sos.state.or.us/rules/OARS_800/OAR_859/859_001.html

ColumbiaCare supports the initiative to increase community integration by designing, developing, and operating residential treatment facilities and service programs for people with mental illness. Community integration and a complete continuum of care allows those with a mental illness to access the most clinically appropriate and least restrictive level of care based on individual readiness and need. It allows for flexible movement from more institutional settings to integrated community settings that provide adequate supports and treatment services, and which promote increased self-sufficiency, well being and health. In addition to moving away from the “warehousing” of the mentally ill , community-based residential treatment facilities can provide better care in a dramatically less expensive treatment environment, saving taxpayer dollars.

ColumbiaCare is not alone in our belief that community integration makes good treatment sense. It is also supported at the national level by the President’s New Freedom Commission on Mental Health , and at the state level as demonstrated by the Oregon State Hospital Framework Master Plan and Oregon’s new Recovery Model.  (See Press Release: Governor Kulongoski and Legislature Receive Phase-Two Report on Oregon Mental Health System)

It is also clearly mandated by the Americans with Disabilities Act, as demonstrated by the Supreme Court’s Olmstead v. L.C. Decision. The ‘integration mandate’ of the Americans with Disabilities Act requires public agencies to provide services “in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” The high court upheld that mandate, ruling that Georgia’s department of human resources could not segregate two women with mental disabilities in a state psychiatric hospital long after the agency’s own treatment professionals had recommended their transfer to community care. All states must now comply with the decision.  

A Continuum of Care for Structured/Specialized Residential Services Includes the Following:

Long-Term Hospitalization
The Oregon State Hospital, with campuses in Salem and Portland, is the state’s primary state-run psychiatric facility for adults. The State Hospital delivers inpatient psychiatric and medical care to patients through Forensic Psychiatric Services for patients who are judged guilty except for insanity and Psychiatric Recovery Services for civilly committed patients.

Short-Term Crisis Resolution Centers (CRCs)
CRCs are state licensed, locked or non-locked community-based facilities with a service capacity for 6 or more adults with mental illness. CRCs are an important link in the continuity of care between long term hospitalization and completely independent living. They can serve as a less restrictive and more clinically appropriate treatment option for persons who are in psychiatric crisis but who do not need the medical capabilities of an acute care hospital, and can also result in significant cost savings.

Secure Residential Treatment Facilities (SRTF)
SRTFs are state licensed, community-based, locked facilities that restrict a residents exit from the facility or its grounds through the use of approved locking devices on resident exit doors, gates or other closures for the purpose of protecting the public. This level of care may be prescribed for clinical purposes and for the protection of the residents living there. SRTFs may serve those under the jurisdiction of the Psychiatric Security Review Board, civilly committed clients who are stepping-down from the state hospital, and occasionally those who are voluntarily seeking and in need of this level of care and do not need to be committed to state hospitalization, or any combination thereof. Each SRTF is specifically designed, constructed and staffed based on the population served.

Residential Treatment Facilities (RTF)
RTFs are state licensed, non-locked, community-based facilities with a service capacity for 6 or more adults with mental illness. RTFs may serve those under the jurisdiction of the Psychiatric Security Review Board, civilly committed clients stepping down from the state hospital, or any combination thereof. Each RTF is specifically designed (or modified), constructed and staffed based on the population served.

Residential Treatment Homes (RTH)
RTHs are state licensed, non-locked, community-based homes with a service capacity of 5 or less adults with mental illness. RTHs may serve those under the jurisdiction of the Psychiatric Security Review Board, civilly committed clients stepping down from the state hospital, or any combination thereof. Each RTH is specifically designed (or modified), constructed and staffed based on the population served.

Adult Foster Homes (AFH)
AFHs are state licensed (by Addictions and Mental Health Division, Seniors and People with Disability), community-based homes that with a services capacity for 5 or fewer adults. AFHs may serve individuals with mental illness, developmental disabilities, or the elderly or disabled.

Enhanced Care Services Programs (ECF)
An ECF is a program in a residential care facility, nursing facility or foster home licensed by Seniors and Peoples with Disabilities (SPD) in which mental health is provided.

Supportive and Transitional Housing
In addition to structured or specialized residential services, Supportive Housing programs are generally unlicensed and provide supported independent living and other minimally structured settings where services and housing are made available to persons with mental illness, and can include the following:
• “Site-specific supported housing” or “SSH” means apartments, single rooms and/or homes designated for occupancy by persons with mental illness and sponsored by a mental health agency that provides supportive services to residents.
• “Integrated supported housing” or “ISH” means services provided to persons with mental illness that assist them to acquire and maintain affordable apartments or shared homes available through the open housing market. These services are often provided through a mental health program’s community support or case management services.
• “Transitional housing” or “TH” means a housing program that provides on site support services for up to two years for persons who are transitioning to community living after being homeless or hospitalized.
• “Room and board” or “R+B” means the provision of shelter and meals in exchange for payment.
• “Safe haven” or “SH” means a residential program providing “low demand” support services to persons with mental illness who were previously living on the streets or other places not meant for habitation.

Independent Living
Independent living is an achievable goal for individuals with mental illness, and the continued development of low-income and fair housing is such an important component in the residential continuum.

Standards and Accountability

The community integration process must be developed and maintained in a responsible and professional manner, in a way that also promotes community safety, education and involvement, and according to applicable federal, state and policy, rule and local law.

The Department of Human Services, Mental Health and Developmental Disability Services sets standards for residential facilities through Oregon Administrative Rule which “prescribe how services will be provided in safe, secure and homelike environments that recognize the dignity, individuality and right to self-determination of each resident”

Oregon’s Extended Care Management Unit (ECMU) manages the flow of consumers between acute and extended care services using high clinical standards of care, and serves to maximize the efficacy and efficiency of state and federal resources devoted to treatment and placement of consumers in alternatives to the state hospital.

The Psychiatric Security Review Board (PSRB) has the responsibility and “authority to commit a person to a state hospital designated by the Department of Human Services; conditionally release a person from a state hospital to a community-based program with close monitoring and supervision; discharge a person from its jurisdiction; and, when appropriate, revoke the conditional release of a person under its jurisdiction and order the person’s return to a state hospital pending a full hearing before the board.”

ColumbiaCare is committed to protecting the rights of our residents. We, as the developer and provider of residential care, play an extremely important role in ensuring that our residents are given the opportunity to live and receive treatment in an environment free from discrimination, intimidation, and harassment. We deliver services according ColumbiaCare’s Treatment Philosophy and according to the law, both of which set important parameters and support our belief that our residents are human beings entitled to the most basic personal rights such as dignity, safety, privacy, fair treatment, and appropriate services.  We hope that by providing information on this subject, we will not only help protect our resident’s rights, but also help citizens gain understanding on this very important subject.

We deliver services with the following understanding:

1. Our Residents Have Rights as Human Beings.

Our residents are human beings with the same personal right to dignity, safety, fair treatment, and appropriate services. ColumbiaCare Service’s treatment philosophy is guided by the research and insights of Abraham Maslow and Victor Frankl. Maslow (Motivation and Personality, 1954) described the hierarchy of needs that humans have, building from simply staying alive, to feeling safe, to being social, to contributing to society, to personal growth and fulfillment (self-actualization). Frankl (Man’s Search for Meaning, 1984) convincingly demonstrated that persons survive, and ultimately thrive, only when they have meaning in their lives.

2. Our Residents Have Rights To An Appropriate Level of Service.

As briefly mentioned above, the right to receive the appropriate level of treatment in the appropriate treatment setting is crucial to the health and well-being of our residents. We believe that residential treatment programs provide important “step-down” opportunities and help create a full continuum of care.  For more information about levels of residential services, please see the Community Integration page of this website.  In addition to being an essential “touchstone” of our organization’s treatment philosophy and ethical position, it is supported by relevant case law. Probably the most well known is Olmstead v. L.C. 527 US 581 (1999), the Supreme Court decision which resulted in the development of Olmstead Plans that are recognized in some form, in every state.  States are required to place persons with mental disabilities in community settings rather than in institutions when the State¹s treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.

3.  Our Residents have Rights As Individuals With a Disability.

Due to the fact that our residents have a disability, they are also protected under the Americans with Disability Act(42 U.S.C. Sect. 1201 et seq)

Meaning of Disability.  “Disability” means an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment (42 U.S.C. Sect. 12102(2).   A “qualified individual with a disability” means “an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. (42 U.S.C. Sect. 12131(2))

Anti-Discrimination Mandate.“Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 U.S.C. Sect. 12132)

Congressional Findings. “Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive problem.” (42 U.S.C. Sect. 1210(a)(2)  “Discrimination against individuals with disabilities persists in such critical areas as…institutionalization….” (42 U.S.C. Sect. 12101(a)(3) “Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion,…[and] segregation…” 42 U.S.C. Sect. 12101(a)(5)

Integration Regulation.  ”A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” 28 CFR Sect. 35.130(d) (1998)  The “most integrated setting appropriate to the needs of qualified individuals with disabilities” means “a setting that enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible.” (28 CFR pt. 35, App. A, p. 450 (1998)

4. Our Residents Have Rights to Fair Housing.

Federal Fair Housing Law is very clear about protections for our residents.  It prohibits the discrimination on the basis of race, color, religion, sex, disability, familial status and national origin.  Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing.  It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence.  Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

5. Our Residents Have Rights to Privacy.

The Health Insurance Portability and Accountability Act of 1996 is the first-ever federal privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers, which took place on April 14, 2003.  Developed by the Department of Health and Human Services (HHS), these standards (the Privacy Rule) provide patients with access to their medical records and more control over how their personal health information is used and disclosed.  They represent a uniform, federal floor of privacy protections for consumers across the country.  State laws providing additional protections to consumers are not affected by this rule. 

ColumbiaCare safeguards our residents’ Protected Health Information (PHI), which consists of individually identifiable information, such as:

• Name
• Social Security Number
• Birthdate
• Geographical Location
• Phone Numbers
• Email Addresses
• Full Facial Photographs; and
• Any Medical Record Dates or Information Related to Treatment (admission, discharge, dates of treatment, etc.)

In order to maintain compliance with United States HIPAA, ColumbiaCare follows standards and procedures which all employees will refer to in order to maintain this compliance.   Summarized, ColumbiaCare honors our residents’ legal right to privacy and confidentiality by implementing physical safeguards such as workstation and paperwork security; securing transport of any resident PHI; using minimum necessary access to PHI (minimum necessary is based on the need to only disclose or investigate the basic minimum of information in order to maintain the required level of care for our residents), with exceptions as appropriate and outlined in HIPAA requirements; appropriately handling media requests about facilities, services programs and individual residents; following specific phone call protocol; and controlling organizational communication.