justicedao/ipfs_state_laws huggingface dataset:
333-645-0010 Definitions (1) “Rehabilitation Services” are medical and other services designed for the primary purpose of restoring disabled persons to the fullest degree of physical, psychological, social and vocational competency in an integrated program. (2)(a) “Comprehensive Inpatient Rehabilitation Facilities (CIRFs)” are hospital-based inpatient departments which are medically directed, supervised and coordinated to deliver rehabilitation services to patients with simple or multiple severe disabilities. A facility of this scope must include, but is not limited to, the following rehabilitation interdisciplinary services: (A) Physiatrist or other medical doctor with two years of experience in a comprehensive inpatient rehabilitation program for physical disabilities; (B) Intensive skilled rehabilitation nursing care; (C) Social worker/discharge planner; (D) Physical therapy; (E) Occupational therapy; (F) Speech/language pathology (as prescribed); (G) Psychology. (b) Dependent upon the needs of those served and stated goals in the application, a CIRF program shall provide or make formal arrangements for the following services: (A) Audiology; (B) Driver education; (C) Orthotics; (D) Prosthetics; (E) Rehabilitation engineering; (F) Respiratory therapy; (G) Therapeutic recreation; (H) Vocational rehabilitation. (3) “Comprehensive Inpatient Rehabilitation” is a program of coordinated and integrated services which include evaluation and treatment, and emphasizes education and training of those served and their families. (4) An “Interdisciplinary Team” includes a physician, rehabilitation nurse, social worker or psychologist, and those therapists involved in the patient’s care. (5) For the purposes of this division, “Rehabilitation Facility” or “Rehabilitation Unit” refers to any CIRF. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-645-0020 Principles (1) Given the diversity of services possible, rehabilitation units should provide the least restrictive and most cost-effective setting possible to meet patient needs. Applicants shall demonstrate that their proposed services are the least costly of any reasonable alternatives. (2) Available resources shall be coordinated by the provider to insure linkages among various levels and settings of rehabilitation services. (3) Remodeling of rehabilitation services shall be in compliance with Section 504, Public Law 93-112 (the Rehabilitation Act of 1973); the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (36 CFR Part 1191); and all pertinent State of Oregon structural, licensing and building codes. (4) CIRFs shall demonstrate that they participate in sharing of services or any other programs which result in efficient cost containment. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-645-0030 Elements in Calculating Need for Rehabilitation Services (1) Total need for inpatient rehabilitation services is such that inpatient facilities shall not exceed seven beds in 100,000 general population: (a) Determination of hospital service area is to be consistent with OAR 333-590-0040, or with historical use patterns for rehabilitation services if these are demonstrably different from a defined hospital service area; (b) Adjustments to this standard can be made where a specialty rehabilitation service is proposed, if the applicant submits information demonstrating the sizes of populations at risk in the proposed service area; the current and historical rates of hospitalization in Oregon for those groups; and the availability, accessibility, quality, and levels of utilization of existing inpatient services addressing the needs of those groups in Oregon. An example of a specialty rehabilitation unit would be a unit specializing in strokes. (2) Expansion of existing rehabilitation units shall be given priority over creation of new rehabilitation units for comparable services, unless it can be demonstrated that the applicant is offering the least costly service. (3)(a) Rehabilitation units must have an annualized occupancy rate of at least 85 percent prior to expansion of any bed capacities, and expansion should be such that the unit can maintain a minimal occupancy rate of 75 percent on unit capacity, within 1-1/2 years of certificate of need approval; (b) A new rehabilitation unit must demonstrate that it will be able to achieve and maintain a minimal annual occupancy rate of 75 percent of unit capacity within three years of certificate of need approval. (4) Bed need calculation and minimal occupancy rate for rehabilitation services is to be consistent, where applicable, with the methods and principles established in OAR 333-590-0030 to 333-590-0060. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-670-0140 Burden of Proof Petitioners shall have the burden of proving by a preponderance of the evidence all adjudicative facts necessary to establish entitlement to reconsideration, or to the relief it seeks. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: PH 22-2006, f. & cert. ef. 10-6-06 Suspended by PH 8-2006(Temp), f. & cert. ef. 4-17-06 thru 10-11-06 HD 13-1994, f. & cert. ef. 4-22-94
333-670-0145 Applicability of OAR 333-670-0140 OAR 333-670-0140 shall apply to reconsideration hearings requested or held on or after the effective date of this rule. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: PH 22-2006, f. & cert. ef. 10-6-06
333-675-0100 Applicability The purpose of OAR 333-675-0100 through OAR 333-675-0240 (these rules) is to prescribe the process for, and when a facility is required to, submit to the Oregon Health Authority (Authority) plans and specifications for alterations or additions to facilities, or for new construction approval. Pursuant to ORS 441.060, these rules apply to any Authority or Oregon Department of Human Services (ODHS) licensee or prospective applicant for health care facilities, long term care facilities, assisted living facilities, and residential care facilities. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0110 Project Submission and Review (1) Any person proposing to make certain alterations or additions to an existing health care facility, long term care facility, assisted living facility, or residential care facility, or to construct new facilities must, before commencing such alteration, addition or new construction, submit these projects to the Oregon Health Authority (Authority), Public Health Division, Facilities Planning and Safety program, for plans approval or recommendations with respect to compliance with rules authorized by ORS 441.025, 443.420 and for compliance with National Fire Protection Association standards when the facility is also to be Medicare or Medicaid certified. (2) Project plans and specifications must be submitted for review and approval to the Authority when the project conforms to one or more of the following criteria: (a) When a new structure or addition to an existing structure is proposed, regardless of cost; (b) When alterations to a building wing or service area, or a building system serving it, exceeds either 25 percent of equivalent replacement cost, $100,000 for a licensed health care facility project subject to review by the Authority, or $50,000 for a licensed long term care facility, assisted living facility, or residential care facility project subject to review by the Oregon Department of Human Services (ODHS); (c) When a clinically related health or ancillary service or a clinical support service is to be initiated or relocated within the facility; or when changes in the use of rooms or corridors within such areas will occur, regardless of cost; (d) When a licensed facility receives a built environment citation or fire and life safety citation issued by the Authority, ODHS, or Oregon State Fire Marshal; (e) When an existing building is to be converted for first time use as a licensed facility, when an existing licensed facility is seeking an endorsement of an existing license, or when an existing licensed facility is seeking to change its usage from one licensure classification to another having differing physical requirements; (f) When any residential care facility or assisted living facility completes work that meets the definition of 'remodel' under OAR 411-054-0005; or (g) When a licensed facility makes any modifications addressed within the Centers for Medicare and Medicaid Services regulation of the 2012 edition of the National Fire Protection Association (NFPA) 101 – Life Safety Code or the 2012 edition of the NFPA 99 – Health Care Facilities Code, regardless of cost. Statutory/Other Authority: ORS 410.070, 441.060, 443.450, 443.860, 443.886 & 441.025 Statutes/Other Implemented: 441.060, 443.450, 443.860, 443.886 & ORS 410.070 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 79-2024, renumbered from 333-675-0000, filed 11/21/2024, effective 11/21/2024 PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 27-2017, amend filed 12/21/2017, effective 01/01/2018 PH 6-2004, f. & cert. ef. 3-11-04 HD 13-1994, f. & cert. ef. 4-22-94
333-675-0115 Project Submission Review Not Required (1) Where project review is required per OAR 333-675-0110, applicants may request a 'No Review Required' letter by submitting the following information: (a) Description of work; (b) Valuation of work; and (c) Schematic plan or location identification when applicable. (2) The Oregon Health Authority (Authority) will consider the scope of work description, coordinate follow up questions or rule compliance attestations, and determine if the project plan review process is necessary. The Authority will issue 'No Review Required' letters for record if such determination can be made. (3) Such requests and determinations may include: (a) Projects or temporary accommodations that do not support or impact patient or resident care, staff safety, or infection control; (b) Like-for-like replacement projects considered identical in intentions and function; (c) Emergency replacement or repair work which are not identical to original equipment or construction; (d) Rules that do not exist for a planned project type; (e) Plans that have been previously approved for a similar or identical project as long as the built environment rules have not changed; (f) When project cost exceeds plan review valuation threshold due to infrastructure work but does not have associated rule. (4) If the Authority determines that the project plan review process or only portions of the plan review process need to be completed, the project sponsor shall coordinate all further submittal and approval requirements with the Authority in accordance with these rules. (5) 'No review required' letters are facility location and project specific and are not transferable. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0120 Functional Program Requirements The project sponsor must supply for each project a brief written narrative functional program for the facility. (1) The functional program for a hospital, psychiatric hospital, or a special inpatient care facility classified as a rehabilitation hospital shall comply with the requirements of the 2018, Facility Guidelines Institute (FGI), Guidelines for Design and Construction of Hospitals, section 1.2-2 as amended in OAR chapter 333, division 535. (2) The functional program for an ambulatory surgery center, extended stay center, or outpatient renal dialysis center shall comply with the 2018, FGI, Guidelines for Design and Construction of Outpatient Facilities, section 1.2-2 as amended in OAR chapter 333, division 535. (3) The functional program for a special inpatient care facility classified as a freestanding hospice facility or a substance use disorder treatment facility shall comply with the 2018, FGI, Guidelines for the Design and Construction of Residential Health, Care and Support Facilities, section 1.2-2 as amended in OAR chapter 333, division 071. (4) The functional program for a freestanding birthing center, special inpatient care facility classified as a religious institution, long term care facility, assisted living facility, or residential care facility shall include the following information: (a) The purpose of the project; (b) Department relationships and flow of patients, clients or residents, staff, visitors and supplies; (c) Size and function of each space; (d) Description of those services necessary for the complete operation of the facility; (e) Special design feature(s); (f) Occupant load, numbers of staff, patients, clients or residents, visitors and vendors; and (g) Issues of privacy or confidentiality for patient, client or resident. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0130 Major Project Changes (1) Revised plans and specifications for major project changes must be submitted for review and approval by the Oregon Health Authority prior to initiation of related work when changes significantly affect: (a) The arrangement or use of rooms in a clinically related health or ancillary service or a clinical support service; (b) The provision of mechanical, electrical and plumbing systems, or fire safety design shown on plans; or (c) Major additions or reductions to the project area or bed capacity. (2) When a major project change affects subsection (1)(a), (b), or (c) of this rule and after initial construction document review is completed in accordance with OAR 333-675-0180, the project shall be submitted as a new project and the previous project will be closed. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0140 Time Period for Review (1) The Oregon Health Authority (Authority) will issue schematic design (SD) review comments or construction document (CD) review comments to project sponsors within 15 business days of receipt of all required materials and the appropriate review fee. (2) For projects with a valuation exceeding $20,000,000 the Authority will issue SD review comments or CD review comments to project sponsors within 30 business days of receipt of all required materials and the appropriate review fee. (3) When circumstances do not allow for review to be completed within the time periods specified in sections (1) or (2) of this rule, the Authority will inform the project sponsor of the approximate date such review will be completed. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0150 Expiration of Projects (1) Project plans submitted in accordance with these rules will be considered inactive and closed if: (a) Finalized construction drawings and specifications are not submitted for review and approval within 365 calendar days of the project’s schematic plans submission date; (b) A plan of correction is not submitted for review and approval within 90 calendar days of the construction document review date; (c) A Project Substantial Completion Notice is not received within 550 calendar days of the Notice of Construction Document approval date; (d) A Project Substantial Completion Notice is not submitted for a phased construction project within 550 calendar days of the last completed phased inspection date; or (e) A plan of correction is not submitted for review and approval within 90 calendar days of receipt of the Project Inspection Report for the project. (2) The Oregon Health Authority will notify the project sponsor 15 business days prior to closing any project and may grant one or more extensions for additional periods of time not exceeding 90 calendar days each, based on relevant information provided by the project sponsor. (3) A project sponsor may request to reopen a project after it has been closed. The project sponsor must submit a new fee in accordance with OAR 333-675-0230, Table 1 and verify the accuracy of all previously submitted materials before review resumes. The project will be subject to any new rules in effect at the time that the new fee is received. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0160 Early Design Assistance (1) A project sponsor may request an early design assistance conference by contacting the Oregon Health Authority (Authority) by electronic mail and asking for assignment. A proposed agenda and any necessary exhibits shall be included identifying the items and areas where assistance and guidance is requested. The Authority may schedule an early design assistance conference based upon staffing availability. (2) The early design assistance conference will be attended by Authority staff and the project architect or engineer. Other attendees may include, but are not limited to, the owner's representative, staff from the licensing agency having jurisdiction, representatives from the Building Code agency having jurisdiction, an Oregon State Fire Marshal representative, and other interested parties, as arranged by the project sponsor. (3) In lieu of a formal early design assistance conference, specific guidance questions can be submitted by the project sponsor by contacting the Authority by electronic mail and asking for assignment. The response guidance will be returned based upon staffing availability. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450, 443.860 & 443.886 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0170 Schematic Design Review Schematic design documents may be submitted to the Oregon Health Authority (Authority) for review and comment prior to the production of construction documents. Schematic design review is optional. (1) Schematic design documents submitted for review must include each of the items listed below, as applicable to the project: (a) A completed application on a form prescribed by the Authority and a review fee of at least one-third of the amount required by OAR 333-675-0230, Table 1; (b) Functional program as required by OAR 333-675-0120; and (c) Project documents to scale where applicable, including: (A) Drawing title showing the name and address of the project and the project sponsor who created the documents including their business identity where applicable; (B) Site plan, if available and applicable, showing site features necessary for review; (C) Floor and reflected ceiling plan(s), if available and applicable, showing the intended title or use of each room or area, plumbing fixtures, equipment, furnishings, doors, windows and exits. For patient or client rooms, resident bedrooms or apartments, include intended license capacity and type for each room and apartment; and (D) Phasing plan, if available and applicable. (E) Additional schematic design documents may be provided at the design team's discretion for clarification of design intent and scope. (2) Review of the schematic design plans submission will not begin until the required items are received by the Authority. (3) Electronic files of project documents shall be submitted in portable document format (pdf) unless otherwise coordinated with the Authority to use another format. Statutory/Other Authority: ORS 410.070, 441.025, 441.060, 443.450, 443.860 & 443.886 Statutes/Other Implemented: ORS 410.070, 441.060, 443.450 & 443.860 History: PH 7-2025, adopt filed 03/01/2025, effective 03/01/2025
333-675-0200 Required Notification and Inspection Prior to Taking Occupancy (1) Notification by the project sponsor prior to taking occupancy of project review areas including temporary accommodations reviewed by the Oregon Health Authority (Authority) must be made to the Authority by filing a "Project Substantial Completion Notice" at least three calendar weeks in advance of occupancy. Notification made less than three calendar weeks may be accommodated based on the availability of Authority staff. (a) A "Project Substantial Completion Notice" form is sent to the project architect with the "Notice of Construction Document Approval." (b) Authority staff may conduct an inspection of projects in conjunction with licensure staff or unilaterally. (c) When deficiencies or incomplete items are found by the Authority or the Authority’s contracted review teams, the applicant will be notified of such issues within three business days following the exit of the inspection. (d) Upon correction of deficiencies, a "Notice of Final Project Approval" will be issued by the Authority. The applicant shall complete any subsequent licensure steps prior to occupancy. (2) Project sponsors or their consultants shall make the following available prior to or as part of a final project inspection, as applicable to the project: (a) Documentation of approval from the local Building Code agency having jurisdiction, such as a Certificate of Occupancy, construction permit with all items signed off or letter or electronic mail of final project approval from the local authority having jurisdiction; (b) Mechanical, engineering and plumbing (MEP) closeout documentation when required by the adopted built environment rules and any standards adopted by reference; (c) Fire life safety systems accepting testing results or permit sign off when required by the adopted built environment rules and any standards adopted by reference; and (d) Other documentation, as requested by the Authority, to confirm compliance with rules or applicable codes. Statutory/Other Authority: ORS 410.070, 441.060, 443.450, 443.860, 443.886 & 441.025 Statutes/Other Implemented: 441.060, 443.450, 443.860, 443.886 & ORS 410.070 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 79-2024, renumbered from 333-675-0020, filed 11/21/2024, effective 11/21/2024 PH 27-2017, amend filed 12/21/2017, effective 01/01/2018 PH 6-2004, f. & cert. ef. 3-11-04 HD 13-1994, f. & cert. ef. 4-22-94
333-675-0210 When Plans Are Not Submitted as Required When a project is implemented that required prior submission of plans in accordance with OAR 333-675-0110, but such plans were not submitted, the Oregon Health Authority (Authority) will require submission of plans and the applicable review fee and may initiate inspection of any completed construction in cooperation with the applicable licensure program staff, or Oregon State Fire Marshal. When a project area has been occupied without Authority approval, the applicable licensure and certification program will also be notified. Statutory/Other Authority: ORS 410.070, 441.060, 443.450, 443.860, 443.886 & 441.025 Statutes/Other Implemented: 441.060, 443.450, 443.860, 443.886 & ORS 410.070 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 79-2024, renumbered from 333-675-0030, filed 11/21/2024, effective 11/21/2024 PH 27-2017, amend filed 12/21/2017, effective 01/01/2018 PH 6-2004, f. & cert. ef. 3-11-04 HD 13-1994, f. & cert. ef. 4-22-94