409-062-0120 Notice and Comment Process (1) Prior to each Value-based Benefits Subcommittee (VbBS) meeting, Health Evidence Review Commission (HERC) staff must develop advance meeting materials, comprised of materials and draft recommendations related to all topics planned for discussion, excluding exempt topics. (2) HERC staff must post a list of topics planned for VbBS discussion as well as advance meeting materials for a comment period on the HERC website and provide notice by electronic means (including but not limited to HERC’s listserv). (a) The list of topics planned for VbBS discussion may include exempt topics for which meeting materials are prepared. (b) HERC staff must post advance meeting materials by close of business 42 days in advance of a public meeting of the VbBS, unless there is an unexpected state office closure due to weather, infrastructure technology, or other emergency situation, in which case materials must be posted no later than 38 days in advance of a public VbBS meeting. (c) The advance comment period for each publication of advance meeting materials must be specified on the first page and must end no sooner than 8 a.m., Pacific time, 15 calendar days after the posting of advance meeting materials. (3) After publication of advance meeting materials, the HERC staff may revise these draft materials based on comments received and other new information they encounter. Staff may also include additional information, research or supporting information. (4) HERC staff must create a public comment table for each topic that received written comment. (a) The public comment table may include but is not limited to: (A) The name of the commenter and any professional credentials provided. (B) The date the comment was received. (C) Any conflicts of interest or affiliations provided by the commenter. (D) The written comment verbatim, up to the first 1,000 words. Comments may be redacted if they include personal health information of another person or excluded if they include hostile, obscene, or other inappropriate content as determined by the HERC Director. (E) Any citations included with the public comment. (F) For each comment, HERC staff may provide any additional context that may be pertinent for VbBS decision-making, including responding to any substantive or technical information provided in the comment. (b) If more than 10 comments are received for any given topic, HERC staff may summarize major themes derived from the comments and include additional evidence, policy context, rationale for its recommendation or other information as necessary to support the Commission in informed decision-making. This summary table is included in addition to the public comment table that contains written comments verbatim. (c) For each comment received, HERC staff must acknowledge receipt of the written comment to each individual submitting written comment. (5) HERC staff must post the final meeting materials on the HERC website and provide notice by electronic means (including but not limited to HERC’s listserv). (a) Final meeting materials must include any meeting materials related to exempt topics planned for discussion. (b) Final meeting materials must be published by close of business seven days in advance of a VbBS meeting unless there is an unexpected state office closure due to weather, infrastructure technology, or other emergency situation, in which case materials must be posted no later than 4 days in advance of a public VbBS meeting. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 414.688 History: OHP 2-2023, adopt filed 11/09/2023, effective 11/09/2023