justicedao/ipfs_state_laws huggingface dataset:
409-070-0042 Optional Application for Determination of Covered Transaction Status (1) Any party to a proposed transaction may, but must not be required to, submit a written application to the Authority requesting a determination whether such transaction is a covered transaction pursuant to these rules. The Authority must notify the applicant in writing of its determination within 30 calendar days following receipt of the application and any additional information requested by the Authority. If the Authority determines that the proposed transaction is a covered transaction, and the parties desire to pursue the transaction, the parties must file a notice in accordance with these rules. (2) An application for determination pursuant to paragraph (1) of this rule must contain: (a) A detailed explanation of the transaction, including the parties to such transaction and all relevant terms, conditions and agreements that comprise the transaction; (b) A detailed explanation of the reasons the parties to the proposed transaction believe such transaction is not a covered transaction pursuant to these rules; and (c) Such additional information, documents and analyses as the Authority may require in order to evaluate the application and the asserted grounds on which it should not be considered a covered transaction pursuant to these rules. (3) The submission of an application pursuant to this rule does not toll any timelines or notice requirements under these rules. (4) No fee shall be required in connection with an optional application filed under this rule. However, if the Authority determines that the transaction is a covered transaction, and if a notice of material change transaction is thereafter filed, a fee in accordance with OAR 409-070-0030 must be payable. (5) Confidential material provided by any party in connection with an optional determination must be maintained as confidential in accordance with OAR 409-070-0070. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0050 Retention of Outside Advisors (1) Pursuant to ORS 415.501(14), the Authority or the Department of Justice may retain at the expense of the parties to a material change transaction any actuaries, accountants, consultants, legal counsel and other advisors not otherwise a part of the Authority's staff as the Authority may reasonably need to assist the Authority in reviewing the proposed material change transaction. The Authority or the Department of Justice, as applicable, must require that the retained advisors certify in writing that: (a) They are not subject to any conflict of interest associated with reviewing a given transaction, and: (b) They will protect any confidential information disclosed to them in the course of their review of the transaction. Material that is privileged or confidential and therefore exempt or determined by the Authority to be exempt from public disclosure under ORS 415.501(13)(b) may be shared with the retained advisors, and such disclosure shall not constitute a waiver of the privileged or confidential status of the material. (2) The parties to a material change transaction must reimburse the Authority within 30 calendar days after receipt of an invoice from the Authority, for all reasonable and actual costs incurred by the Authority in connection with its review of the material change transaction. Such costs must include, but are not limited to, the costs and expenses of any advisors retained by the Authority or the Department of Justice pursuant to paragraph (1) of this rule and its other out-of-pocket costs but excluding any unallocated staff or interagency costs of the Authority. Invoices provided by the Authority pursuant to this paragraph (2) must contain a reasonably detailed summary of the costs incurred, provided that in no event must such invoices include any communications protected by the attorney-client or other applicable privilege. (3) Any approval of a material change transaction may be conditioned on the parties reimbursing the Authority pursuant to paragraph (2) of this rule. The obligation of the parties to reimburse the Authority does not depend on whether the Authority approves the transaction. The obligation to reimburse is an obligation of the person filing the notice of material change transaction and any other parties to the transaction designated by the Authority. (4) The Authority must notify applicants before any costs are incurred when a transaction review requires the use of outside advisors. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0055 Preliminary 30-Day Review of a Notice of Material Change Transaction (1) Pursuant to ORS 415.501(5) and after receipt of a complete notice of material change transaction in accordance with OAR 409-070-0030(1)(a) and OAR 409-070-0045(5), the Authority must complete a preliminary review to determine whether the proposed material change transaction meets one or more of the criteria set forth in paragraph (2) of this rule. The Authority must, subject to OAR 409-070-0070, publish the notice of material change transaction. For the duration of the preliminary review period, the Authority must accept and publish public comments pertaining to the material change transaction. (2) At the conclusion of the preliminary review described in paragraph (1) of this rule, the Authority must approve, or approve with conditions as provided in OAR 409-070-0065, a material change transaction, or, in the case of a material change transaction involving a domestic health insurer, recommend to the Department that the transaction be approved, if the Authority determines that the transaction meets one or more of the following criteria: (a) The material change transaction is in the interest of consumers and is urgently necessary to maintain the solvency of an entity involved in the transaction; (b) The material change transaction is unlikely to substantially reduce access to affordable health care in Oregon; (c) The material change transaction is likely to meet the criteria set forth in OAR 409-070-0060; (d) The material change transaction is not likely to substantially alter the delivery of health care in Oregon; or (e) Comprehensive review of the material change transaction is not warranted given the size and effects of the transaction. (3) If after a preliminary review, the Authority does not approve or recommend for approval, as applicable, a material change transaction in accordance with this paragraph (2), the Authority must notify the parties and must thereafter conduct a comprehensive review pursuant to OAR 409-070-0060. (4) Unless extended by agreement among the Authority and the parties to a proposed material change transaction, the Authority must complete the preliminary review described in paragraph (1) within 30 calendar days of the Authority's written confirmation of receipt of a complete notice of material change transaction or on the first business day thereafter if the 30th day is a weekend or state-recognized holiday. The Authority must notify the parties at the conclusion of the preliminary review period the results of the preliminary review. If the Authority fails to complete such preliminary review within 30 calendar days of the Authority's receipt of a complete notice of material change transaction, the proposed material change transaction must be subject to the comprehensive review procedure provided in OAR 409-070-0060. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 10-2022, amend filed 12/08/2022, effective 12/08/2022 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0065 Conditional Approval; Suspension of Proposed Material Change Transaction (1) Following completion of a preliminary review pursuant to OAR 409-070-0055 or a comprehensive review pursuant to OAR 409-070-0060, which may include the appointment of a community review board pursuant to OAR 409-070-0062, the Authority may approve, or recommend for approval, a material change transaction with conditions designed to further the purposes and goals described in OAR 409-070-0000. (2) If the Authority approves a material change transaction with conditions as set forth in paragraph (1) of this rule, the Authority may suspend, or in the case of transaction involving a domestic insurer recommend that the Department suspend, the effective date of the transaction for such reasonable time as necessary to conduct an examination and complete an analysis of whether the conditions have been satisfied. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 10-2022, amend filed 12/08/2022, effective 12/08/2022 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0070 Confidentiality; Permitted Disclosures (1) An applicant for review of a material change transaction may designate portions of a notice and any documents thereafter submitted by the applicant in support of the notice as confidential. Any portion or portions of a notice of material change transaction designated as confidential must be provided separately as one or more attachments. The entities must not include any confidential information in the notice of material change transaction form itself. (2) Entities submitting forms, documents, materials, or other information, including an optional application for determination of covered transaction status under OAR 409-070-0042 or a request for emergency exemption under OAR 409-070-0022 must file two versions of the submitted documents. One must be marked as "CONFIDENTIAL" and must contain the full unredacted version of the notice or supporting materials and must be maintained as such by the Authority and the Department. The second must be marked as "PUBLIC" and must contain a redacted version of the notice or supporting materials (from which the confidential portions have been removed or obscured) and must be made available to the public by the Authority. An applicant claiming confidentiality in respect of portions of a notice, or any documents thereafter submitted by the applicant in support of the notice, must include a redaction log that provides a reasonably detailed statement of the grounds on which confidentiality is claimed, citing the applicable statutory basis for confidentiality of each portion. (3) Confidential materials filed by an applicant in connection with a transaction that is subject to review by each of the Authority and the Department must be maintained as confidential materials in accordance with paragraph (1) of this rule, ORS 415.501(13)(c) and ORS 705.137. (4) Confidential materials filed by an applicant in connection with a transaction that is subject to review by the Authority under these rules and under the Authority’s CCO Acquisitions and Mergers in OAR 410-141-5255, et seq., must be maintained as confidential materials in accordance with paragraph (1) of this rule and ORS 415.501(13)(c). (5) The Authority may authorize sharing a confidential document, material or other information as appropriate among the administrative divisions and staff offices of the Authority for the purpose of administering and enforcing the program. (6) Disclosing a document, material or other information to the Authority under this section or sharing a document, material or other information as authorized in subsection (3) of this section does not waive an applicable privilege or claim of confidentiality in the document, material or other information. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0075 Contested Case Hearings (1) Contested case hearings must be conducted pursuant to ORS 183.411 through ORS 183.497 and the Attorney General's Uniform and Model Rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 through OAR 137-003-0700, and the provisions of this rule. (2) A party to a material change transaction that wishes to contest a final order issued by the Authority that fully resolves the notice of material change transaction must request a hearing within 15 calendar days from the date of service of the final order and a notice of right to a hearing. (3) An applicant for emergency exemption under OAR 409-070-0022 or a disclaimer under OAR 409-070-0025 that wishes to contest a determination issued by the Authority must request a hearing within 15 calendar days from the date of service of the determination and a notice of right to a hearing. (4) The Authority's determination: (a) Not to approve a transaction at the conclusion of the preliminary review period pursuant to OAR 409-070-0055; and (b) That a transaction is a covered transaction following application under OAR 409-070-0042 shall, in each case, be interlocutory and shall not be reviewable prior to the issuance of the final order that fully resolves the notice of material change transaction. (5) The issues to be considered in a contested case conducted pursuant to this rule shall be limited in scope to the facts and conclusions contained in the final order or determination. (6) In a contested case conducted pursuant to this rule, the party requesting the contested case hearing shall have the burden of proof. (7) In a contested case conducted pursuant to this rule, an administrative law judge assigned by the Office of Administrative Hearings shall serve a proposed order on all parties and the Authority, unless prior to the hearing the Authority notifies the administrative law judge that a final order may be served, within 30 calendar days of the close of the evidentiary record in the contested case. (8) The Authority must issue a final order within 30 days of receipt of the proposed order, which may adopt some or all of the proposed order, as the Authority must determine in its sole discretion. The final order is effective immediately upon being signed or as otherwise provided in the order. (9) The time limits established in paragraphs (7) and (8) of this rule may be waived or shortened by agreement among the parties and the Authority. (10) All contested case hearing decisions are subject to judicial review under ORS 183.482 in the Court of Appeals. (11) In cases where the decision is to be made by the Department, contested case hearings for a domestic insurer shall be conducted by the Department in accordance with ORS 732.526. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.019 & 415.500-415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0080 Compliance with Conditions; Information Requests (1) Following approval of a material change transaction, the Authority may verify compliance with any conditions that the Authority included in its approval of the transaction and issue such additional orders, following notice and opportunity for hearing, as may be necessary to enforce compliance with the terms and conditions of the approval of the transaction; provided however, that the Authority may not impose new conditions that are unrelated to, or not reasonably required to enforce compliance with, those conditions, if any, that were included in the Authority's approval of the transaction. Such verification of compliance must occur, at minimum, at the intervals required by ORS 415.501(19). (2) No person may file or cause to be filed with the Authority or the Department any notice, article, certificate, report, statement, application or any other information required or permitted to be so filed and known to such person to be false or misleading in any material respect. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 413.037, 415.013, 415.103 & 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 10-2022, amend filed 12/08/2022, effective 12/08/2022 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
409-070-0082 Follow-up Analyses After the Material Change Transaction (1) Following approval of a material change transaction, the Authority must conduct follow-up analyses one year, two years, and five years after the material change transaction is completed, in accordance with ORS 501.501(19). (2) The Authority may require that the parties provide such information, reports, analyses and documentation as the Authority may require in order to monitor and assess the impacts and effects of the material change transaction as required in ORS 415.501(19), including specifically, but without limitation, the effects and status of the material change transaction under OAR 409-070-0065 and OAR 409-070-0060(5). (3) The entity or entities must provide all requested information in accordance with OAR 409-070-0070 and may not refuse to provide requested information. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, adopt filed 12/13/2024, effective 12/16/2024
409-070-0085 Information Requests The Authority may request additional information, or clarification of submitted information, from parties to proceed with its review of a material change transaction under these rules. The Authority must notify the parties of the information or clarification that is required to be submitted to the Authority, and the parties must promptly reply to such requests. The running of the period for review of the material change transaction will be tolled upon such notification and will resume when the Authority deems the information request to be complete. Statutory/Other Authority: ORS 415.501 Statutes/Other Implemented: ORS 415.500 - 415.900 History: OHP 6-2024, amend filed 12/13/2024, effective 12/16/2024 OHP 10-2022, amend filed 12/08/2022, effective 12/08/2022 OHP 1-2022, adopt filed 02/22/2022, effective 03/01/2022
410-001-0000 Model Rules of Procedure The Oregon Health Authority (Authority), Health Systems Division (Division), chapter 410, shall adhere to Authority rules in chapter 943 regarding Model Rules of Procedure, Notices of Rulemaking, Adoption of Temporary Rules, and Delegation of Rulemaking Authority. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: DMAP 18-2018, amend filed 03/21/2018, effective 04/11/2018 OMAP 9-2006, f. 5-3-06, cert. ef. 6-1-06 HR 7-1991, f. & cert. ef. 1-25-91 HR 1-1988, f. & cert. ef. 1-4-88 HR 1-1986, f. & ef. 4-2-86 HR 6-1982, f. & ef. 7-1-82 HR 5-1980, f. & ef. 9-17-80 HR 2-1978, f. & ef. 3-3-78 HR 5, f. & ef. 3-10-77 HR 3(Temp), f. & ef. 12-29-76
410-001-0005 Notice of Proposed Rulemaking and Adoption of Temporary Rules Oregon Health Authority (Authority), Division of Medical Assistance Programs, chapter 410, will comply with Authority rules in chapter 943 for Notices of Rulemaking and adoption of Temporary rules. Statutory/Other Authority: ORS 183.335, 183.341 & 413.042 Statutes/Other Implemented: ORS 183.325, 183.330, 183.335, 183.341, 414.025 & 414.065 History: OMAP 9-2006, f. 5-3-06, cert. ef. 6-1-06 HR 5-1980, f. & ef. 9-17-80 HR 2-1978, f. & ef. 3-3-78 HR 5, f. & ef. 3-10-77 HR 3(Temp), f. & ef. 12-29-76
410-001-0020 Delegation of Rulemaking Authority Oregon Health Authority (Authority), Division of Medical Assistance Programs, chapter 410, will comply with Authority rules in chapter 943 for Delegation of Rulemaking Authority. Statutory/Other Authority: ORS 183.335, 183.341 & 413.042 Statutes/Other Implemented: ORS 183.325, 183.330, 183.335, 183.341, 414.025 & 414.065 History: OMAP 9-2006, f. 5-3-06, cert. ef. 6-1-06 HR 7, f. & ef. 9-1-77 HR 6(Temp), f. & ef. 7-1-77
410-050-0710 General Administration (1) The purpose of these rules is to implement the assessment imposed on hospitals in Oregon. (2) The Authority shall administer, enforce, and collect the hospital assessment. The Authority may assign employees, auditors, and other agents as designated by the Director to assist in the administration, enforcement, and collection of the assessments. (3) The Authority may adopt forms and reporting requirements, and change the forms and reporting requirements, as necessary, to administer, enforce, and collect the assessments. (4) The Authority may not use moneys from the Hospital Quality Assurance Fund to supplant, directly or indirectly, other moneys made available to fund services described in Section 9, Chapter 736, Oregon Laws 2003 as amended by Section 2, Chapter 757, Oregon Laws 2005. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0720 Disclosure of Information (1) Except as otherwise provided by law, the Authority may not publicly divulge or disclose the amount of income, expense, or other particulars set forth or disclosed in any report or return required in the administration of the assessments. Particulars include but are not limited to social security numbers, employer numbers, or other hospital identification numbers, and any business records required to be submitted to or inspected by the Authority or its designee to allow it to determine the amounts of any assessments, delinquencies, deficiencies, penalties, or interest payable or paid, or otherwise administer, enforce, or collect a health care assessment to the extent that such information shall be exempt from disclosure under ORS 192.501(5) or other basis for exemption under Oregon's public records law. (2) The Authority may: (a) Furnish any hospital, or its authorized representative, upon request of the hospital or representative, with a copy of the hospital's report filed with the Authority for any quarter, or with a copy of any report filed by the hospital in connection with the report, or with a copy of any other information the Authority considers necessary; (b) Publish information or statistics so classified as to prevent the identification of income or any particulars contained in any report or return; (c) Disclose and give access to an officer or employee of the Authority or its designee, or to the authorized representatives of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, the Controller General of the United States, the Oregon Secretary of State, the Oregon Department of Justice, the Oregon Department of Justice Medicaid Fraud Control Unit, and other employees of the state or federal government to the extent the Authority deems disclosure or access necessary or appropriate for the performance of official duties in the Authority's administration, enforcement, or collection of the assessments. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0730 Entities Subject to the Hospital Assessment Each hospital in Oregon is subject to the hospital assessment except: (1) Hospitals operated by the United States Department of Veterans Affairs; (2) Public academic medical centers; (3) Specialty Psychiatric Hospitals; (4) Long Term Acute Care Hospitals. Statutory/Other Authority: ORS 413.042, 410.070 & 411.060 Statutes/Other Implemented: HB 2010 (2025) History: DMAP 69-2025, amend filed 09/23/2025, effective 09/26/2025 DMAP 64-2017, amend filed 12/29/2017, effective 01/01/2018 DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05