justicedao/ipfs_state_laws huggingface dataset:
333-072-0215 Requirements for Notification of Patient Choice (1) A referral for a diagnostic test or health care treatment or service shall be based on the patient’s clinical needs and personal health choices. (2) A health practitioner may not deny, limit or withdraw a referral solely because the patient chooses to have the diagnostic test or health care treatment or service at a facility other than the one recommended by the health practitioner. (3) A health practitioner or the practitioner’s designee shall provide written or oral notice of patient choice at the time the patient establishes care with the practitioner. The notice shall include the following: (a) The patient has a choice and when referred to a facility for a diagnostic test or health care treatment or service the patient may receive the diagnostic test or health care treatment or service at a facility other than the one recommended by the health practitioner. (b) If the patient chooses to have the diagnostic test, health care treatment or service at a facility different from the one recommended by a practitioner, the patient is responsible for determining the extent or limitation of coverage for the diagnostic test, health care treatment or service at the facility chosen by the patient. (c) A health practitioner may not deny, limit or withdraw a referral solely because the patient chooses to have the diagnostic test or health care treatment or service at a facility other than the one recommended by the health practitioner. (4) Health practitioners shall also post notice of patient choice in a conspicuous place. The posted notice shall include the information set forth in subsections (3)(a) and (b) of this rule. (5) At the time of referral health practitioners may provide written or oral notice of patient choice. The notice shall include the information set forth in subsection (3)(a) of this rule. (6) Practitioners must document all oral notifications. Statutory/Other Authority: ORS 441.098 Statutes/Other Implemented: ORS 441.098 History: PH 2-2015, f. & cert. ef. 1-16-15 PH 22-2014(Temp), f. & cert. ef. 8-7-14 thru 1-24-15 PH 21-2014(Temp), f. & cert. ef. 7-28-14 thru 1-24-15 PH 15-2014, f. & cert. ef. 6-2-14
333-072-0220 Requirement for Notice of Financial Interest If a health practitioner refers a patient for a diagnostic test or health care treatment or service to a facility in which the health practitioner or an immediate family member has a financial interest of five percent or more, the practitioner or the practitioner’s designee shall provide notice of that financial interest orally and in writing at the time of the referral. Statutory/Other Authority: ORS 441.098 Statutes/Other Implemented: ORS 441.098 History: PH 15-2014, f. & cert. ef. 6-2-14
333-072-0225 Violations and Enforcement (1) A health practitioner who fails to comply with these rules shall be subject to investigation and disciplinary action in accordance with ORS 441.098. (2) When investigating an allegation that notice was not provided in accordance with ORS 441.098 and these rules, the Oregon Health Licensing Agency and a health professional regulatory board may: (a) Review documentation of a health practitioner’s policies and procedures for provision of notice and accept the policies and procedures as proof that notice was given in accordance with the policies. (b) Rely on the practitioner’s documentation of notice as proof that notice was given, if no policies or procedures exist. Statutory/Other Authority: ORS 441.098 Statutes/Other Implemented: ORS 441.098 History: PH 15-2014, f. & cert. ef. 6-2-14
333-076-0001 Applicability; Referenced Codes and Standards (1) At the time of initial licensure ambulatory surgical centers (ASC) and extended stay centers (ESC) must meet the physical environment requirements in these rules including any applicable building and specialty codes in effect at the time of initial licensure. (2) Subsequent modifications to an ASC or ESC after initial licensure must comply with any applicable building or specialty codes in effect at the time of the modification. (3) The codes and standards referenced in these rules are for informational purposes only, unless a code or standard is specifically adopted by reference. Statutory/Other Authority: ORS 441.025 & 441.060 Statutes/Other Implemented: ORS 441.025 & 441.060 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 5-2012, f. 3-30-12, cert. ef. 4-1-12
333-076-0095 Purpose The purpose of these rules is to establish standards for the licensure of ambulatory surgical centers and extended stay centers to ensure the health and safety of individuals who receive services from these facilities. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0102 Application for ASC License and Fees (1) An applicant wishing to apply for a new or renewal license to operate an ASC shall submit an application on a form prescribed by the Authority and pay the applicable nonrefundable fee as specified in ORS 441.020. (2) For purposes of determining the correct license fee required under ORS 441.020 and this rule: (a) "Procedure room" means a room where surgery or invasive procedures are performed; and (b) "Invasive procedure" means a procedure requiring insertion of an instrument or device into the body through the skin or a body orifice for diagnosis or treatment, and operative procedures in which skin or mucous membranes and connective tissue are incised, or an instrument is introduced through a natural body orifice. (3) If an applicant is proposing a new ASC, the applicant shall also submit evidence of plans review approval as required by OAR chapter 333, division 675. (4) An ASC must inform the Authority in writing of any changes in ownership, organizational structure, or other information required on the application form within 30 days of the change. Failure to notify the Authority may result in denial or revocation of the license. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: 441.022, 441.025 & ORS 441.020 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 257-2018, renumbered from 333-076-0106, filed 11/06/2018, effective 11/06/2018 PH 28-2016, f. & cert. ef. 10-6-13 PH 26-2010, f. 12-14-10, cert. ef. 12-15-10 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90
333-076-0103 ASC Application Review (1) Upon receipt of an application and the license fee, the Authority shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442 and 476, these rules, and Oregon Administrative Rules chapter 333, division 675; (b) Conduct an on-site licensing survey in accordance with OAR 333-076-0117; (c) Consult with the State Fire Marshal, deputy or approved authority to ensure the applicant has not received a certificate of non-compliance pursuant to ORS 479.215; and (d) Verify compliance with conditions of participation if the applicant has requested Medicare or Medicaid Certification. (2) In determining whether to license an ASC, the Authority shall consider factors relating to the health and safety of individuals to be cared for at the facility and the ability of the operator to safely operate the ASC. The Authority may not consider whether the ASC is or shall be a governmental, charitable or other nonprofit institution or whether it is or shall be an institution for profit. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.020, 441.022 & 441.025 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0104 Approval of ASC License Application (1) The Authority shall notify an applicant in writing if a license application is approved and shall include the license with the appropriate classification. (2) A license shall be issued only for the premises and persons or governmental units named in the application and it is not transferrable or assignable. (3) The license shall be conspicuously posted in the area where patients are admitted. (4) No person or ASC licensed pursuant to the provisions of ORS chapter 441, shall in any manner or by any means assert, represent, offer, provide or imply that such person or facility is or may render care or services other than that which is permitted by or which is within the scope of the license issued to such person or facility by the Authority nor shall any service be offered or provided which is not authorized within the scope of the license issued to such person or facility. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.020, 441.022 & 441.025 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0107 Denial of ASC License Application If the Authority intends to deny a license application, it shall issue a Notice of Proposed Denial of License Application in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & 441.030 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0108 Expiration and Renewal of ASC License Each license to operate an ASC shall expire on December 31 following the date of issue, and if a renewal is desired, the licensee shall make application and pay the required renewal fee at least 30 days prior to the expiration date upon a form prescribed by the Authority as described in OAR 333-076-0102. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: 441.025 & ORS 441.020 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 26-2010, f. 12-14-10, cert. ef. 12-15-10 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90
333-076-0110 Return of ASC License and ASC Closure (1) If an ASC license is suspended, revoked, or if a facility decides to permanently close, the license certificate in the licensee's possession shall be returned to the Authority immediately. (2) If an ASC decides to voluntarily permanently close, it shall issue a multimedia press release at least 24 hours prior to closure, notifying the public of the closure. The press release must include information about how an individual may obtain their medical records. (3) An ASC that decides to voluntarily permanently close shall notify the Authority at least 14 days prior to the closure and submit plans for the orderly transfer of the patients and the storage and disposal of medical records. Medical records not claimed that are more than seven years old from the last date of discharge may be destroyed. Medical records not claimed that are less than seven years old from the last date of discharge shall be stored until they are more than seven years old from the last date of discharge. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90
333-076-0111 ASC Classification (1) ASCs shall be classified as follows: (a) Certified; (b) High complexity non-certified; and (c) Moderate complexity non-certified. (2) The classification of each ASC shall be so designated on the license. (3) An ASC licensed by the Authority shall neither assume a descriptive title nor be held out under any descriptive title other than the classification title established by the Authority and under which the ASC is licensed. This not only applies to the name on the facility but where stationery, advertising and other representations are involved. (4) No change in the licensed classification of any ASC, as set out in this rule, shall be allowed by the Authority unless the ASC files a new application in accordance with OAR 333-076-0102. The Authority shall review the application in accordance with OAR 333-076-0103 and if the Authority finds that the applicant is in compliance with health care facility licensing laws and the regulations relating to the new classification for which application for licensure is made, the Authority shall issue a license for such classification. Statutory/Other Authority: ORS 441.025 & 441.086 Statutes/Other Implemented: ORS 441.025 & 441.086 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 26-2010, f. 12-14-10, cert. ef. 12-15-10 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90
333-076-0114 ASC Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation against an ASC of a violation of health care facility licensing laws or regulations. (2) The identity of a person making a complaint and any personally identifiable information, as that is defined in ORS 432.005, is confidential and not subject to disclosure under ORS 192.311 to 192.478. (3) An investigation will be carried out as soon as practicable after receipt of a complaint in accordance with OAR 333-076-0116. (4) An ASC shall post a notice in the facility, in a prominent place and size that must include, but is not limited to the following: "If you have concerns about this ambulatory surgical center and the services provided here, contact the Oregon Health Authority, Health Care Regulation and Quality Improvement Program: 800 NE Oregon Street, Suite 465, Portland OR 97232; 971-673-0540." Statutory/Other Authority: ORS 441.025 & 441.057 Statutes/Other Implemented: ORS 441.025, 441.086 & 441.057 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 26-2010, f. 12-14-10, cert. ef. 12-15-10 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90
333-076-0116 ASC Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Authority staff will begin an investigation. (2) An ASC shall permit Authority staff access to the facility during an investigation. (3) An investigation may include but is not limited to: (a) Interviews of the complainant, patients of the ASC, patient family members, witnesses, ASC management and staff; (b) On-site observations of patients, staff performance, and the physical environment of the ASC; and (c) Review of documents and records. (4) Information obtained by the Authority during an investigation of a complaint or reported violation under this rule is confidential and not subject to public disclosure under ORS 192.410 to 192.505. Upon the conclusion of the investigation, the Authority may publicly release a report of its findings but may not include information in the report that could be used to identify the complainant or any patient at the ASC. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an ASC and may report information obtained during an investigation to a health professional regulatory board as defined in ORS 676.160 as that information pertains to a licensee of the board. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & 441.057 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0117 ASC Surveys (1) The Authority shall, in addition to any investigations conducted under OAR 333-076-0116, conduct at least one on-site licensing survey of each ASC every three years to determine compliance with health care facility licensing laws and at such other times as the Authority deems necessary. (2) In lieu of an onsite inspection required under section (1) of this rule, the Authority may accept: (a) CMS certification by a federal agency or an approved accrediting organization; or (b) A survey conducted within the previous three years by an accrediting organization approved by the Authority, if: (A) The certification or accreditation is recognized by the Authority as addressing the standards and Condition for Coverage requirements of the CMS and other standards set by the Authority; (B) The ASC notifies the Authority to participate in any exit interview conducted by the federal agency or accrediting body; and (C) The ASC provides copies of all documentation concerning the certification or accreditation requested by the Authority including: (i) Written evidence of all corrective actions underway, or completed, in response to approved accrediting organizations recommendations; (ii) All progress reports; and (iii) The letter from CMS indicating its deemed status. (3) If the deemed status of an ASC changes, the ASC administrator must notify the Authority. (4) An ASC shall permit Authority staff access to the facility during a survey. (5) A survey may include but is not limited to: (a) Interviews of patients, patient family members, ASC management and staff; (b) On-site observations of patients, staff performance, and the physical environment of the ASC; (c) Review of documents and records; and (d) Patient audits. (6) An ASC shall make all requested documents and records available to the surveyor for review and copying. (7) Following a survey, Authority staff may conduct an exit conference with the ASC administrator or the administrator's designee. During the exit conference Authority staff shall: (a) Inform the ASC representative of the preliminary findings of the inspection; and (b) Give the person a reasonable opportunity to submit additional facts or other information to the surveyor in response to those findings. (8) Following the survey, Authority staff shall prepare and provide the ASC administrator or the administrator's designee specific and timely written notice of the findings. (9) If the findings result in a referral to another regulatory agency, Authority staff shall submit the applicable information to that referral agency for its review and determination of appropriate action. (10) If no deficiencies are found during a survey, the Authority shall issue written findings to the ASC administrator indicating that fact. (11) If deficiencies are found, the Authority shall take informal or formal enforcement action in accordance with OAR 333-076-0255 or OAR 333-076-0260. Statutory/Other Authority: ORS 441.025 & 441.062 Statutes/Other Implemented: ORS 441.025, 441.062 & 441.060 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0118 ASC Health Care Practitioner Credentialing Each ASC shall comply with the health care practitioner credentialing requirements in accordance with OAR chapter 409, division 045. Statutory/Other Authority: ORS 441.223 & 441.233 Statutes/Other Implemented: ORS 441.226 & 441.228 History: PH 1-2019, adopt filed 01/07/2019, effective 01/07/2019
333-076-0119 ASC Governing Body Responsibility The governing body of each ASC shall be responsible for the operation of the facility, the selection of the medical staff and the quality of care rendered in the facility. The governing body shall: (1) Ensure that all health care personnel for whom state licenses or registration are required are currently licensed or registered; (2) Ensure that physicians and dentists admitted to practice in the facility are granted privileges consistent with their individual training, experience and other qualifications; (3) Ensure that procedures for granting, restricting and terminating privileges exist and that such procedures are regularly reviewed to assure their conformity to applicable law; (4) Ensure that physicians and dentists admitted to practice in the facility are organized into a medical staff insofar as applicable in such a manner as to effectively review the professional practices of the facility for the purposes of reducing morbidity and mortality and for the improvement of patient care; and (5) Ensure that a physician or dentist is not denied medical staff membership or privileges at the facility solely on the basis that the physician or dentist holds medical staff membership or privileges at another ASC. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 & 441.055 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 257-2018, renumbered from 333-076-0115, filed 11/06/2018, effective 11/06/2018 PH 26-2010, f. 12-14-10, cert. ef. 12-15-10 HD 11-1980, f. & ef. 9-10-80; HD 25-1983(Temp), f. & ef. 12-21-83; HD 23-1985, f. & ef. 10-11-85; Renumbered from 333-023-0163(1); HD 3-1990, f. 1-8-90, cert. ef. 1-15-90, Renumbered from 333-076-0100(1)(a) & (b)
333-076-0120 ASC Medical Staff (1) The physicians and dentists organized into a medical staff pursuant to OAR 333-076-0119 shall propose medical staff bylaws to govern the medical staff. The bylaws shall include, but not be limited to the following: (a) Procedures for physicians and dentists admitted to practice in the facility to organize into a medical staff; (b) Procedures for ensuring that physicians and dentists admitted to practice in the facility are granted privileges consistent with their individual training, experience and other qualifications; (c) Provisions establishing a framework for the medical staff to nominate, elect, appoint or remove officers and other persons to carry out medical staff activities with accountability to the governing body; (d) Procedures for ensuring that physicians and dentists admitted to practice in the facility are currently licensed by the Oregon Medical Board or the Oregon Board of Dentistry; (e) Procedures for ensuring that the facility’s procedures for granting, restricting and terminating privileges are followed and that such procedures are regularly reviewed to assure their conformity to applicable law; and (f) Procedures for ensuring that physicians and dentists provide services within the scope of the privileges granted by the governing body. (2) Amendments to medical staff bylaws shall be accomplished through a cooperative process involving both the medical staff and the governing body. Medical staff bylaws shall be adopted, repealed or amended when approved by the medical staff and the governing body. Approval shall not be unreasonably withheld by either. Neither the medical staff nor the governing body shall withhold approval if such repeal, amendment or adoption is mandated by law, statute or regulation or is necessary to obtain or maintain accreditation or to comply with fiduciary responsibilities or if the failure to approve would subvert the stated moral or ethical purposes of this institution. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.055 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90
333-076-0125 ASC Personnel (1) The facility shall maintain a sufficient number of qualified personnel to provide effective patient care and all other related services. (2) There shall be written personnel policies and procedures which shall be made available to personnel. (3) Provisions shall be made for orientation. (4) Provisions shall be made for an annual continuing education plan. (5) There shall be a job description for each position which delineates the qualifications, duties, authority and responsibilities inherent in each position. (6) There shall be an annual work performance evaluation for each employee with appropriate records maintained. (7) The actions taken under this rule and all results thereof shall be fully documented for each employee. Such documentation is subject to review by authorized representatives of the Authority. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 1-2019, amend filed 01/07/2019, effective 01/07/2019 PH 26-2010, f. 12-14-10, cert. ef. 12-15-10 PH 25-2006, f. 10-31-06, cert. ef. 11-1-06 Reverted to HD 3-1990, f. 1-8-90, cert. ef. 1-15-90 PH 4-2006(Temp), f. & cert. ef. 3-2-06 thru 8-1-06 HD 3-1990, f. 1-8-90, cert. ef. 1-15-90