justicedao/ipfs_state_laws huggingface dataset:
333-675-0220 Optional Reviews (1) When a project sponsor is not required by rule to file finalized construction drawings and specifications but wishes to do so to reduce the risk of noncompliance with licensure or fire and life safety standards, the project sponsor may request an optional review by submitting an application on a form prescribed by the Oregon Health Authority and a review fee according to Table 1 of OAR 333-675-0230. (2) When a party proposing construction of a long-term care facility, assisted living facility, or residential care facility wishes to also obtain an optional review of the project for conformance to nursing home, memory care endorsement, or increased occupancy standards, any additional optional reviews may be obtained by paying the review fee according to OAR 333-675-0230, Table 1. 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 80-2024, minor correction filed 11/21/2024, effective 11/21/2024 PH 79-2024, renumbered from 333-675-0040, 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
333-675-0230 Construction Project Review Fees (1) Submission of plans and specifications for project review must be accompanied by payment of a fee according to the schedule contained in Table 1. When schematic plans have previously been reviewed and part of the review fee has been paid, the fee submission shall be only for the amount yet unpaid. (a) New construction. Estimated construction costs provided by project sponsors must coincide with amounts reported to the Certificate of Need Program, equal actual building contract amounts, or if neither is applicable, be within the average building cost guidelines of the International Code Council, Building Valuation Data for the project type planned. (b) Existing building conversion. When an existing structure, not presently a licensed or endorsed health care facility, long term care facility, assisted living facility, or residential care facility, is requesting licensure, requesting a change in license classification, or seeking endorsement, the review fee shall be based on approximate existing value of the structure, plus any renovation costs when applicable. Approximate value, for purposes of this rule, is calculated as tax assessed value of the structure plus estimated renovation costs. Where tax assessed value is unavailable, then the valuation will be within the average building cost guidelines of the International Code Council, Building Valuation Data for the project type planned. (c) Existing building alteration. When an existing licensed space is seeking to make alterations or proposing a change of use without changing the licensure classification, the estimated construction costs shall be used to calculate the existing building remodel cost. (2) If major project changes occur during the plan review process in accordance with OAR 333-675-0130, or construction that alters the design or increases the construction cost of the project, the plan review fee will be reassessed according to OAR 333-675-0230, Table 1. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 410.070, 443.450 & 441.060 Statutes/Other Implemented: ORS 441.060 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 81-2024, minor correction filed 11/21/2024, effective 11/21/2024 PH 79-2024, renumbered from 333-675-0050, filed 11/21/2024, effective 11/21/2024 PH 27-2017, amend filed 12/21/2017, effective 01/01/2018 PH 20-2008, f. 12-17-08, cert. ef. 1-1-09 PH 6-2004, f. & cert. ef. 3-11-04, Renumbered from 333-675-0010 HD 13-1994, f. & cert. ef. 4-22-94
333-675-0240 Waivers (1) While a licensed health care facility is required to maintain continuous compliance with the built environment rules regulated by the Oregon Health Authority (Authority), these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, or the conducting of pilot projects or research. A request for a waiver from these rules must be submitted to the Authority on a form prescribed by the Authority. (2) Upon finding that the facility has satisfied the conditions of this rule, the Authority may grant a waiver. (3) A facility may not implement a waiver or exception request until it has received written approval from the Authority. (4) During an emergency, the Authority may waive a rule that a facility is unable to meet, for reasons beyond the facility’s control. If the Authority waives a requirement under these rules, it shall issue an order, in writing, specifying which rules are waived, which facilities are subject to the order, and how long the order shall remain in effect. 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
333-700-0000 Statement of Purpose The purpose of these rules is to establish the standards for licensure of outpatient renal dialysis facilities. Statutory/Other Authority: ORS 441.015, 441.025 & 442.015 Statutes/Other Implemented: ORS 441.015, 441.025 & 442.015 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0004 Referenced Codes and Standards (1) At the time of initial licensure, an outpatient renal dialysis facility must meet the physical environment requirements in OAR chapter 333, division 700 including any applicable building and specialty codes in effect at the time of initial licensure. (2) Subsequent modifications to a facility 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. (4) If conflicts exist among the provisions of the codes and standards listed in OAR chapter 333, division 700, the most restrictive provisions shall apply. Statutory/Other Authority: ORS 441.015, 441.025 & 441.060 Statutes/Other Implemented: ORS 441.025 & 441.060 History: PH 18-2019, amend filed 10/01/2019, effective 01/01/2020 PH 3-2015, f. 1-16-15, cert. ef. 2-1-15 PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0010 Application for Licensure (1) An outpatient renal dialysis facility must obtain a license from the Division. (2) An applicant wishing to apply for a license to operate an outpatient renal dialysis facility shall submit an application on a form prescribed by the Division and pay the applicable fee as specified in OAR 333-700-0015. The application form shall specify such information as required by the Division and must include, but is not limited to, demographic, ownership, and administrative information. (3) No person or facility 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 Division nor shall any service be offered or provided which is not authorized within the scope of the license issued to such person or facility. (4) Each application for license renewal shall accurately reflect only the number of stations the facility is then presently capable of operating considering existing equipment and service capability of the facility and the physical requirements as specified within these rules and regulations. The number of stations to be licensed shall not exceed the number of stations reflected in the license to be renewed unless approved by the Division. (5) Compliance with "Submission of Plans," OAR 333-700-0065 is also required as a condition of licensure. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.020 & 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0015 Annual License Fee For outpatient renal dialysis facilities, the annual licensing fee shall be $2,000. Each license shall be issued only for the facility named in the application and shall not be transferable. If the ownership of the agency changes, the new owner shall apply for a license. Statutory/Other Authority: ORS 441.015 & 442.025 Statutes/Other Implemented: ORS 441.020 & 442.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0017 Application Review (1) In reviewing an application for an outpatient renal dialysis facility the Division shall: (a) Verify compliance with the applicable sections of ORS Chapters 441 and 442, and OAR chapter 333, division 700; (b) Conduct an on-site licensing survey; and (c) Conduct an on-site certification survey and verify compliance with the Conditions for Coverage if the applicant has requested Medicare and Medicaid certification. (2) In determining whether to license an outpatient renal dialysis facility, the Division shall only consider factors relating to the health and safety of individuals to be cared for at the facility and the ability of the operator of the facility to safely operate the facility. The Division shall not consider whether the facility 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 441.015 & 441.025 Statutes/Other Implemented: ORS 441.022 & 442.025 History: PH 3-2015, f. 1-16-15, cert. ef. 2-1-15 PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0018 Approval of License Application (1) The Division shall notify an applicant in writing if a license application is approved, and shall include the license with the appropriate information. (2) A license shall be issued only for the premises and persons or governmental units named in the application and is not transferable or assignable. (3) The license shall be conspicuously posted. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0019 Denial of License Application If the Division 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 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0020 Expiration and Renewal of License Each license to operate an outpatient renal dialysis facility shall expire on December 31 following the date of issue, and if a renewal is desired, the licensee shall make application at least 30 days prior to the expiration date upon a form prescribed by the Division as described in OAR 333-700-0010. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0025 Denial or Revocation of a License (1) A license for any facility may be denied, suspended or revoked by the Division when the Division finds that there has been a substantial failure to comply with the provisions of these rules and of health care facility licensing laws. (2) A person or persons in charge of a facility shall not permit, aid or abet any illegal act affecting the welfare of the license. (3) A license shall be denied, suspended or revoked in any case where the State Fire Marshal certifies that there was failure to comply with all applicable laws, lawful ordinances and rules relating to safety from fire. (4) A license may be suspended or revoked for failure to comply with a Division order arising from a facility's substantial lack of compliance with the rules or statutes. (5) A facility license that has been suspended or revoked may be reissued after the Division determines that the facility has satisfactorily complied with the health care facility licensing laws. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025, 441.030 & 441.037 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0030 Discontinuance and Recommencement of Operation of Outpatient Renal Dialysis Facilities (1) If an outpatient renal dialysis facility wishes to temporarily discontinue operation but retain its license to operate, the facility shall notify the Division of the fact at least 14 days prior to the temporary discontinuance. (2) An outpatient renal dialysis facility shall notify all patients of facility closure. Such notice shall include a procedure by which individuals may obtain their medical records. (3) Before any patient is admitted to an outpatient renal dialysis facility that has temporarily discontinued operation, the outpatient renal dialysis facility shall request approval from the Division. The Division may conduct an on-site survey or other review to determine whether the outpatient renal dialysis facility is in compliance with health care facility licensing laws and conditions for coverage, if applicable. (4) An outpatient renal dialysis facility may not renew operation until it receives approval, in writing, from the Division. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0035 Return of Facility License (1) If an outpatient renal dialysis facility's license is suspended, revoked, expires, or if a facility decides to permanently close, the license certificate in the licensee's possession shall be returned to the Division immediately. (2) If the outpatient renal dialysis facility is voluntarily permanently closed, the facility shall issue a multimedia press release within 24 hours, notifying the public of facility closure. Such notice shall include a procedure by which individuals may obtain their medical records. (3) An outpatient renal dialysis facility shall notify the Division of a facility's closure under section (2) of this rule 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 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 & 441.030 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0040 Classification (1) Outpatient Renal Dialysis facilities (also known as End Stage Renal Dialysis facilities) that provides renal dialysis services directly to outpatients. (2) The classification of each facility shall be so designated on the license. (3) Health care facilities licensed by the Division shall neither assume a descriptive title or be held out under any descriptive title other than the classification title established by the Division and under which the facility 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 facility, as set out in this rule, shall be allowed by the Division unless such facility shall file a new application, accompanied by the required license fee, with the Division. If the Division finds that the applicant and facility comply with health care facility (HCF) laws and the regulations of the Division relating to the new classification for which application for licensure is made, the Division shall issue a license for such classification. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 & 441.030 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0045 Hearings Upon written notification by the Division of revocation, suspension or denial to issue or renew a license, a written request by the facility for a hearing in accordance with ORS 183.310 to 183.500 shall be granted by the Division. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 183.413 - 183.500 & 441.037 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0050 Adoption by Reference All rules, standards and publications referred to in OAR 333-700-0000 through 333-700-0130 are made a part thereof. Copies are available for inspection at the Division during office hours. Where publications are in conflict with the rules, the rules shall govern. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12 PH 7-2003, f. & cert. ef. 6-6-03
333-700-0053 Complaints (1) Any person may make a complaint verbally or in writing to the Division regarding an allegation against an outpatient renal dialysis facility of a violation of any health care facility licensing law or condition for coverage. (2) The identity of a person making a complaint shall be kept confidential. (3) An investigation may be carried out as soon as practicable after the receipt of a complaint in accordance with OAR 333-700-0057. (4) If the complaint involves an allegation of criminal conduct or an allegation that is within the jurisdiction of another local, state, or federal agency, the Division shall refer the matter to that agency. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 & 441.057 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0057 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Division staff may begin an investigation. (2) An outpatient renal dialysis facility shall permit Division 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 facility, patient family members, witnesses, facility management and staff; (b) On-site observations of patients, staff performance, and the physical environment of the facility; and (c) Review of documents and records. (4) Except as otherwise specified in 42 CFR 401, Subpart B, information obtained by the Division during an investigation of a complaint or reported violation under this section is confidential and not subject to public disclosure under ORS 192.410 through 192.505. Upon the conclusion of the investigation, the Division 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 health care facility. The Division may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of a health care facility, 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 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 & 441.057 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0061 Violations In addition to non-compliance with any health care facility licensing law or condition for coverage, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Division staff access to the facility, its documents or records; (2) Fail to implement an approved plan of correction; (3) Fail to comply with all applicable laws, lawful ordinances and rules relating to safety from fire; (4) Refuse or fail to comply with an order issued by the Division; (5) Refuse or fail to pay a civil penalty; or (6) Fail to comply with rules governing the storage of medical records following the closure of a facility. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 & 441.030 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0062 Informal Enforcement (1) If, during an investigation or survey Division staff document violations of health care facility licensing laws or conditions for coverage, the Division may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the allegation. (2) A signed plan of correction must be received by the Division within 10 business days from the date the statement of deficiencies was mailed to the facility. A signed plan of correction may not be used by the Division as an admission of the violations alleged in the statement of deficiencies. (3) An outpatient renal dialysis facility shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested from the Division. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (4) The Division shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division shall notify the facility administrator in writing and request that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was mailed to the administrator. (5) If the facility does not come into compliance by the date of correction reflected on the plan of correction or 60 days from date of the exit conference, whichever is sooner, the Division may propose to deny, suspend, or revoke the facility license, or impose civil penalties. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0063 Formal Enforcement (1) If, during an investigation or survey Division staff document substantial failure to comply with health care facility licensing laws, conditions for coverage or if a facility fails to pay a civil penalty imposed under ORS 441.170, the Division may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470. (2) The Division may issue a Notice of Imposition of Civil Penalty for violations of health care facility licensing laws. (3) At any time the Division may issue a Notice of Emergency License Suspension under ORS 183.430(2). (4) If the Division revokes a facility license, the order shall specify when, if ever, the facility may reapply for a license. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12
333-700-0064 Civil Penalties (1) A licensee that violates a health care facility licensing law, including OAR 333-700-0061 (Violations), is subject to the imposition of a civil penalty not to exceed $500 per day per violation. (2) In addition to the penalties under section (2) of this rule, civil penalties may be imposed for violations of ORS 441.030 or 441.015(1). (3) In determining the amount of a civil penalty the Division shall consider whether: (a) The Division made repeated attempts to obtain compliance; (b) The licensee has a history of noncompliance with health care facility licensing laws; (c) The violation poses a serious risk to the public's health; (d) The licensee gained financially from the noncompliance; and (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance. (4) The Division shall document its consideration of the factors in section (3) of this rule. (5) Each day a violation continues is an additional violation. (6) A civil penalty imposed under this rule shall comply with ORS 183.745. Statutory/Other Authority: ORS 441.015 & 441.025 Statutes/Other Implemented: ORS 441.030 & 441.990 History: PH 4-2012, f. 3-30-12, cert. ef. 4-1-12