justicedao/ipfs_state_laws huggingface dataset:
409-039-0090 Annual Evaluation of Maximum Rates (1) The Authority will annually evaluate the maximum rates established under OAR 409-039-0040 and may adjust these maximum rates based on changes in the labor market, the wage data described in ORS 676.716, and other factors the authority considers relevant, including temporary staff wages, bill rates, and agency margin. (2) In evaluating and adjusting the maximum rates established under OAR 409-039-0040, the Authority will solicit feedback from the same entities consulted in the creation of the initial rates, as outlined in OAR 409-039-0040. (3) The Authority will refer violations of ORS 676.695 to 676.725 and these rules, including the maximum bill rates, maximum agency margin and/or waivers to the Authority’s Health Licensing Office for investigation and disciplinary action in accordance with ORS 676.710, 676.713, and 676.725. Statutory/Other Authority: ORS 676.716 Statutes/Other Implemented: ORS 676.695 - 676.725 History: OHP 5-2025, temporary amend filed 11/26/2025, effective 11/26/2025 through 12/31/2025 OHP 4-2025, amend filed 11/26/2025, effective 11/26/2025 OHP 5-2024, adopt filed 11/22/2024, effective 11/25/2024
409-039-0100 Data Requests (1) In furtherance of the Authority’s annual evaluation of the maximum bill rates pursuant to OAR 409-039-0090, the Authority may request information from temporary staffing agencies to assess and evaluate the maximum bill rates established under OAR 409-039-0040. (2) A temporary staffing agency must respond to all requests from the Authority under this rule within 45 calendar days from the date such request is issued. Statutory/Other Authority: ORS 676.716 Statutes/Other Implemented: ORS 676.695 - 676.725 History: OHP 5-2025, temporary amend filed 11/26/2025, effective 11/26/2025 through 12/31/2025 OHP 4-2025, amend filed 11/26/2025, effective 11/26/2025 OHP 5-2024, adopt filed 11/22/2024, effective 11/25/2024
409-039-0110 Regular Review of Waiver Conditions and Processes The authority will conduct periodic, annual review of conditions for requesting waivers and the effectiveness of the administration of the program. Statutory/Other Authority: ORS 676.716 Statutes/Other Implemented: ORS 676.695 - 676.725 History: OHP 5-2024, adopt filed 11/22/2024, effective 11/25/2024
409-039-0120 Information Sharing and Use of Data (1) If a temporary staffing agency, facility, or hospital that files documents, materials, information, or data with the Authority believes such information may be considered confidential and exempt from public disclosure under the Oregon Public Records Law, ORS 192.311 to 192.478, such entity filing the confidential information must provide 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. (2) The Authority may use a confidential document, material, information, or data in administering these rules. In order to assist in the performance of the Authority’s duties, the Authority may authorize sharing a confidential document, material, information, or data or other information, as appropriate, among the administrative divisions and staff offices of the Authority and the Authority’s Health Licensing Office. Statutory/Other Authority: ORS 676.716 Statutes/Other Implemented: ORS 676.695 - 676.725 History: OHP 5-2025, temporary amend filed 11/26/2025, effective 11/26/2025 through 12/31/2025 OHP 4-2025, amend filed 11/26/2025, effective 11/26/2025 OHP 5-2024, adopt filed 11/22/2024, effective 11/25/2024
409-045-0035 Oregon Practitioner Credentialing Application (1) Credentialing organizations shall use the latest versions of the Oregon Practitioner Credentialing Application and the Oregon Practitioner Recredentialing Application approved and published by the Authority based on recommendations from the Advisory Committee on Physician Credentialing Information. (2) The Authority approved applications are available on the Committee’s website at https://www.oregon.gov/oha/HPA/OHIT-ACPCI/Pages/index.aspx. (3) Each credentialing organization shall use the application forms listed in section (1) of this rule for the purpose of credentialing and recredentialing health care practitioners. (4) Credentialing organizations shall have ten months to comply with sections (1) and (3) of this rule after new version(s) of the application forms are approved and published by the Authority. Statutory/Other Authority: ORS 413.042, 441.056 & 441.223 Statutes/Other Implemented: ORS 441.056 & 441.221 History: OHP 3-2022, amend filed 03/15/2022, effective 03/15/2022 OHP 6-2018, amend filed 06/27/2018, effective 07/01/2018 OHP 1-2018, temporary amend filed 01/18/2018, effective 01/18/2018 through 07/16/2018 OHP 3-2014, f. 6-30-14, cert. ef. 7-1-14
409-045-0115 Telemedicine Providers General Applicability Credentialing Requirements (1) These rules apply to all: (a) Telemedicine health care practitioners who provide telemedicine services from any distant-site hospital or health care facility in Oregon to patients in originating-site hospitals or health care facilities in Oregon. (b) Originating-site hospitals or health care facilities located in Oregon that credential telemedicine health care practitioners located at distant-site hospitals or health care facilities in Oregon. (2) Completion of credentialing requirements does not require a governing body of a hospital to grant privileges to a telemedicine health care practitioner and does not affect the responsibilities of a governing body under ORS 441.055. Statutory/Other Authority: ORS 413.042, 441.056 & 441.223 Statutes/Other Implemented: ORS 441.056 & 442.015 History: OHP 3-2022, amend filed 03/15/2022, effective 03/15/2022 OHP 6-2018, amend filed 06/27/2018, effective 07/01/2018 OHP 1-2018, temporary amend filed 01/18/2018, effective 01/18/2018 through 07/16/2018 OHP 3-2014, f. 6-30-14, cert. ef. 7-1-14 OHP 10-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
409-045-0120 Telemedicine Providers Standard List of Credentialing Documents (1) To become credentialed by an originating-site hospital or health care facility a telemedicine health care practitioner or the distant-site hospital or health care facility must provide the following information and documentation to the originating-site hospital or health care facility: (a) A completed current (within the past 6 months) Oregon Practitioner Credentialing Application (OPCA) and the following documents: (A) A copy of the state license authorizing practice; (B) Drug Enforcement Agency certificate; (C) State approved foreign education equivalency certificate or report, if applicable; and (D) Certification of professional liability insurance. (b) Attestation by medical staff at the distant-site hospital or health care facility that they have conducted primary source verification of all materials of the OPCA except for: (A) Hospital affiliations other than to the distant-site hospital or health care facility; and (B) Work history beyond the previous five years. (2) Originating-site hospitals or health care facilities may request documentation of all the verifications above from the distant-site hospital or health care facility or the telemedicine health care practitioner. Verifications that are not provided may be obtained separately by the originating-site hospital or health care facility. (3) Originating-site hospitals or health care facilities may not require either the telemedicine health care practitioner or the distant-site hospital to provide the following documentation for the purposes of credentialing or privileging a telemedicine provider: (a) Proof of Tuberculosis screening; (b) Proof of vaccination or immunity to communicable diseases; and (c) HIPAA training verification. (4) Originating-site hospitals or health care facilities may not require a telemedicine provider to attend physician and staff meetings at the originating-site hospital or health care facility. (5) Originating-site hospitals or health care facilities may not request credentialing information if the credentialing information was made available under OAR 409-045-0120 and is not subject to change. (6) To become recredentialed by an originating-site hospital or health care facility, every two years a telemedicine health care practitioner or the distant-site hospital or health care facility must provide a completed current Oregon Practitioner Recredentialing Application and all other information required in OAR 409-045-0120. Statutory/Other Authority: ORS 413.042, 441.056 & 441.223 Statutes/Other Implemented: ORS 441.056, 441.223 & 442.015 History: OHP 3-2022, amend filed 03/15/2022, effective 03/15/2022 OHP 6-2018, amend filed 06/27/2018, effective 07/01/2018 OHP 1-2018, temporary amend filed 01/18/2018, effective 01/18/2018 through 07/16/2018 OHP 3-2014, f. 6-30-14, cert. ef. 7-1-14 OHP 10-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
409-045-0125 Telemedicine Providers Distant-Site Hospital Agreements Health care facilities or hospitals may use delegated credentialing agreements instead of the requirements in OAR-409-045-0120 to stipulate that the medical staff of the originating-site hospital or health care facility shall rely upon the credentialing and privileging decisions of the distant-site hospital or health care facility in making recommendations to the governing body of the originating-site hospital or health care facility as to whether to credential a telemedicine provider, practicing at the distant-site hospital or health care facility either as an employee or under contract, to provide telemedicine services to patients in the originating-site hospital or health care facility. If a delegated credentialing agreement is in place, the originating-site hospital or health care facility is not limited to the information and documents set forth in OAR 409-045-0120. Statutory/Other Authority: ORS 413.042, 441.056 & 441.223 Statutes/Other Implemented: ORS 441.056, 441.223 & 442.015 History: OHP 3-2022, amend filed 03/15/2022, effective 03/15/2022 OHP 6-2018, amend filed 06/27/2018, effective 07/01/2018 OHP 1-2018, temporary amend filed 01/18/2018, effective 01/18/2018 through 07/16/2018 OHP 3-2014, f. 6-30-14, cert. ef. 7-1-14 OHP 10-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
409-045-0135 Telemedicine Providers Information Sharing or Use of Data (1) Telemedicine health care practitioners must provide written, signed permission that explicitly allows the sharing of required documents and necessary evidence by a distant-site hospital with originating-site hospitals, including but not limited to any release required under HIPAA or other applicable laws. (2) Dissemination of information received under these rules shall only be made to individuals with a demonstrated and legitimate need to know the information. Statutory/Other Authority: ORS 413.042, 441.056, 441.223 & 441.226 Statutes/Other Implemented: ORS 441.056, 441.223 & 442.015 History: OHP 6-2018, amend filed 06/27/2018, effective 07/01/2018 OHP 1-2018, temporary amend filed 01/18/2018, effective 01/18/2018 through 07/16/2018 OHP 3-2014, f. 6-30-14, cert. ef. 7-1-14 OHP 10-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14
409-050-0100 Purpose The Pain Management Commission is established within the Oregon Health Authority for the purpose of developing pain management educational programs, recommendations and curriculum; representing patient concerns to the Governor and Legislative Assembly; and creating ways to improve pain management in Oregon through research, policy analysis, and model projects. In addition, the Pain Management Commission is charged with developing a specific pain management educational program for required completion by health care professionals under specified Licensing Boards. Statutory/Other Authority: ORS 413.570 Statutes/Other Implemented: ORS 413.570 - 413.599 History: Renumbered from 407-020-0000, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11 DHSD 1-2007, f. & cert. ef. 2-1-07
409-050-0110 Definitions The following definitions apply to OAR 409-050-0100 to 409-050-0130: (1) "Commission" means the Oregon Pain Management Commission. (2) "Licensed health care professionals" means those specifically identified licensees that report to the following Licensing Boards: (a) Oregon Board of Medical Examiners, which includes physicians, physician assistants and acupuncturists (except for those listed under OAR 847-008-0075, identified as waived); (b) Oregon State Board of Nursing, which includes all registered nurses, licensed practical nurses and nurse practitioners; (c) Oregon Board of Psychologist Examiners, which includes all licensed psychologists; (d) Oregon Board of Chiropractic Examiners, which includes all licensed chiropractors; (e) Oregon Board of Naturopathic Examiners, which includes all licensed naturopathic physicians; (f) Oregon Board of Pharmacy, which includes all licensed pharmacists; (g) Oregon Board of Dentistry, which includes all licensed dentists; (h) Oregon Board of Occupational Therapy, which includes all licensed occupational therapists; (i) Oregon Board of Physical Therapy, which includes all licensed physical therapists; and (j) Oregon Board of Optometry, which includes all licensed optometrists. (3) "Curriculum" means a recommended list of educational topics, compiled by the Commission, for medical professionals treating pain. (4) "Pain management education program" means a specific one-hour web-based program developed by the Commission, in addition to six accredited hours of continuing education in pain management, end of life care or a combination of both. Statutory/Other Authority: ORS 413.570; Ch. 3, Sec. 2 (OL 2019) Statutes/Other Implemented: ORS 413.570-413.599; Ch. 3, Sec. 2 (OL 2019) History: OHP 22-2019, amend filed 09/27/2019, effective 01/01/2020 OHP 3-2018, minor correction filed 05/17/2018, effective 05/17/2018 OHP 9-2011, f. 11-28-11, cert. ef. 12-1-11 OHP 5-2011(Temp), f. 8-30-11, cert. ef. 9-1-11 thru 2-27-12 Renumbered from 407-020-0005, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11 DHSD 1-2007, f. & cert. ef. 2-1-07
409-050-0120 Commission Positions (1) The Commission consists of: (a) Nineteen members – seventeen voting members and two non-voting ex-officio members from the Oregon legislature; and (b) Members that have experience or a demonstrated interest in pain management issues. (2) In order to apply for a position on the Commission, an individual must: (a) Complete a Commission interest form; and (b) Submit the interest form to the Pain Management Program. (3) Voting member appointments to the Commission are: (a) Made by the Director of the Oregon Health Authority; and (b) Must comply with the approved Commission bylaws. (4) Prior to making appointments, the Director of the Oregon Health Authority shall request and consider recommendations from individuals, public and private agencies and organizations, but not limited to individuals with a healthcare background or individuals representing the healthcare industry or members of the public. (5) Oregon Health Authority staff shall include a Pain Management Coordinator, who shall staff and facilitate Commission meetings, provide daily organization of Commission business and perform other duties as directed by the Commission. Statutory/Other Authority: ORS 413.570 Statutes/Other Implemented: ORS 413.570 - 413.599 History: OHP 9-2011, f. 11-28-11, cert. ef. 12-1-11 OHP 5-2011(Temp), f. 8-30-11, cert. ef. 9-1-11 thru 2-27-12 Renumbered from 407-020-0010, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11 DHSD 1-2007, f. & cert. ef. 2-1-07
409-050-0130 Pain Management Education Program Requirements (1) Licensed health care professionals must complete a pain management education program in order to improve the care and treatment of individuals with painful conditions. The program includes: (a) Six accredited hours of continuing education in pain management, end of life care or a combination of both; and (b) The web-based training offered by the Commission. (c) Dentists licensed under Oregon Board of Dentistry are only required to complete the web-based training offered by the Commission. (2) For out of state health care professionals obtaining Oregon licensure or newly licensed health care professionals within Oregon, the pain management education program must be completed within 24 months of their first license renewal. Example: If an individual becomes newly licensed in Oregon on June 15, 2009, their first renewal will be June 15, 2011. The individual may obtain their training from June 15, 2009 through June 15, 2013 under section (2) to comply with this requirement. (3) If the licensing board for a licensed health care professional adopts, by rule, a pain management education program with topics substantially similar to the topics in the Commission's curriculum, that program satisfies this rule for the continuing education portion of the requirement, as long as the total number of hours is the same. (4) The Commission shall review its curriculum every two years and update as needed. Statutory/Other Authority: ORS 413.570 Statutes/Other Implemented: ORS 413.570 - 413.599 History: OHP 10-2011, f. & cert. ef. 12-22-11 OHP 8-2011(Temp), f. & cert. ef. 10-19-11 thru 2-27-12 Renumbered from 407-020-0015, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11 DHSD 1-2007, f. & cert. ef. 2-1-07
409-055-0000 Purpose and Scope These rules (OAR 409-055-0000 to 409-055-0090) establish the Patient-Centered Primary Care Home (PCPCH) Program and define criteria and process that the Authority shall use to recognize and verify status as PCPCHs. The PCPCH is a model of primary care that has received attention in Oregon and across the country for its potential to advance the “triple aim” goals of health reform: a healthy population, extraordinary patient care for everyone, and reasonable costs, shared by all. PCPCHs achieve these goals through a focus on wellness and prevention, coordination of care, active management and support of individuals with special health care needs, and a patient and family-centered approach to all aspects of care. PCPCHs emphasize whole-person care to address a patient and family’s physical and behavioral health care needs. Statutory/Other Authority: ORS 413.042, 413.259 & 414.655 Statutes/Other Implemented: ORS 413.259, 413.260 & 414.655 History: OHP 16-2018, minor correction filed 12/03/2018, effective 12/03/2018 OHP 9-2016, f. & cert. ef. 5-13-16 OHP 2-2012, f. 2-29-12, cert. ef. 3-1-12 OHP 6-2011(Temp), f. 9-29-11, cert. ef. 10-1-11 thru 3-15-12
409-055-0010 Definitions The following definitions apply to OAR 409-055-0000 to 409-055-0090: (1) “Authority” means the Oregon Health Authority. (2) “NCQA” means National Committee for Quality Assurance. (3) “Patient Centered Medical Home (PCMH)” means a practice or provider who has been recognized as such by the National Committee for Quality Assurance. (4) “Patient-Centered Primary Care Home (PCPCH)” means a health care team or clinic as defined in ORS 414.655, meets the standards pursuant to OAR 409-055-0040, and has been recognized through the process pursuant to OAR 409-055-0040. (5) “Personal Health Information” means demographic information, medical history, test and laboratory results, insurance information and other data that is collected by a health care professional to identify an individual and determine appropriate care. (6) “Practice” means an individual, facility, institution, corporate entity, or other organization which provides direct health care services or items, also termed a performing provider, or bills, obligates and receives reimbursement on behalf of a performing provider of services, also termed a billing provider (BP). The term provider refers to both performing providers and BP(s) unless otherwise specified. (7) “Program” means Patient-Centered Primary Care Home Program. (8) “Program website” means www.primarycarehome.oregon.gov. (9) “Provider” means an individual, facility, institution, corporate entity, or other organization which provides direct health care services or items, also termed a performing provider, or bills, obligates and receives reimbursement on behalf of a performing provider of services, also termed a billing provider (BP). The term provider refers to both performing providers and BP(s) unless otherwise specified. (10) “Recognition” means the process through which the Authority determines if a practice has met the Oregon Patient-Centered Primary Care Home Standards. (11) “Recognized” means that the Authority has affirmed that a practice meets the Oregon Patient-Centered Primary Care Home Standards. (12) “Tier” means the level of Patient-Centered Primary Care Home at which the Authority has scored a practice. (13) “Verification” means the process that the Authority shall conduct to ensure that a practice has submitted accurate information to the Authority for purposes of Patient-Centered Primary Care Home recognition. (14) “Health Equity Designation” means a designation assigned to Patient-Centered Primary Care Homes meeting specific PCPCH measures. Statutory/Other Authority: ORS 413.042, 413.259, 414.655 Statutes/Other Implemented: ORS 413.259, 413.260, 414.655 History: OHP 3-2023, amend filed 11/30/2023, effective 11/30/2023 OHP 15-2018, amend filed 11/29/2018, effective 12/01/2018 OHP 9-2016, f. & cert. ef. 5-13-16 OHP 10-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-24-16 OHP 2-2015, f. 1-16-15, cert. ef. 2-1-15 OHP 2-2012, f. 2-29-12, cert. ef. 3-1-12 OHP 6-2011(Temp), f. 9-29-11, cert. ef. 10-1-11 thru 3-15-12
409-055-0020 Program Administration (1) The Program is intended to ensure that there is a uniform process for recognizing PCPCHs throughout the State of Oregon in order to support primary care transformation. (2) The Authority shall recognize practices as PCPCHs upon meeting defined criteria through the Program. (3) The Authority shall administer the Program, including data collection and analysis, recognition, and verification that a practice meets the defined PCPCH criteria. The Authority may also provide technical assistance as is feasible. (4) The Authority may contract for any of the work it deems necessary for efficient and effective administration of the Program. Statutory/Other Authority: ORS 413.042, 413.259 & 414.655 Statutes/Other Implemented: ORS 413.259, 413.260 & 414.655 History: OHP 9-2016, f. & cert. ef. 5-13-16 OHP 2-2012, f. 2-29-12, cert. ef. 3-1-12 OHP 6-2011(Temp), f. 9-29-11, cert. ef. 10-1-11 thru 3-15-12