(1) When a dispute exists between a county and a community mental health and 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) A county may not retaliate against a community mental health and developmental disabilities program solely because the program:
(a) Requested mediation under subsection (1) of this section;
(b) Requested dispute resolution or filed an appeal under rules adopted by the department under this section with respect to a dispute described in subsection (1) of this section; or
(c) Initiated a contested case proceeding otherwise available under ORS chapter 183 with respect to a dispute described in subsection (1) of this section.
(3) For purposes of this section, “retaliate” means an adverse action taken by a county against a community mental health and developmental disabilities program to:
(a) Materially alter or terminate the contract between the county and the community mental health and developmental disabilities program; or
(b) Fail to renew the contract between the county and the community mental health and developmental disabilities program.
(4) Notwithstanding any other remedy provided by law, a community mental health and developmental disabilities program against which a county has retaliated in violation of subsection (2) 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 to 30.300. Except as provided in this section, the provisions of ORS 30.260 to 30.300 apply to an action described in this section.
(5) In accordance with any applicable provision of ORS chapter 183, the department may adopt rules to carry out the provisions of this section. [1999 c.524 §4; 2003 c.430 §1]
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