justicedao/ipfs_state_laws huggingface dataset:
333-570-0030 Notice (1) After determining an application complete, the division shall provide by direct mailing written notification to the following that the application is complete: (a) The applicant; (b) Any health care facilities and HMOs located in the service area which provide similar institutional health services; (c) The chairperson of the council; (d) Newspapers providing general circulation to the affected community; and (e) Persons who have requested and been granted designation as affected parties. (2) Notices shall include the following information: (a) The division, under ORS 442.315 and this chapter, is considering the application; (b) A proposed schedule of review to include, but not limited to: (A) The date by which the division must render a decision pursuant to OAR 333-570-0070(1); (B) That persons potentially affected may request to receive correspondence relating to the application; and (C) The mailing address for all communications relating to the application for a certificate of need. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-570-0040 Additional Information Following receipt of a complete certificate of need application, the division may request or accept additional information only if such information is necessary for the division to make an equitable and informed decision through application of applicable rules. 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
333-570-0050 Modification to Application (1) An applicant may withdraw its certificate of need application from review at any time. (2) An applicant may amend its application provided that such amendments are received not later than 45 days following submission of a complete application. This section applies only during the course of review of an application and does not apply to an application undergoing reconsideration or appeal: (a) In accord with OAR 333-545-0020(3), any substantial change in a proposal shall be considered an amendment, whether or not such change is in response to concerns raised by the division. Amendments include, but are not limited to, modifications such as those described in 333-575-0000(4)(a) to (k). Clarifications or explanations of aspects of a proposal, which do not involve material changes in the project, will not be considered amendments; (b) Amendments proposed after 45 days following submission of a compete application may be made only if the division agrees to accept the amendment; (c) The division may condition the consideration of any amendments submitted after the deadline stated in this section on the applicant granting an extension of the review period sufficient, in the division’s judgment, to allow consideration of the new material. 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
333-570-0060 Public Meeting (1) Any person affected by an application which is not subject to abbreviated review may request the division to hold a public meeting and, if the request is timely, the division shall hold such a meeting. The purpose of the public meeting is to discuss issues relevant to the application(s) under review and to allow submission of documents or other evidence relevant to the application. (2) Requests for a public meeting shall be made not later than 21 days before the division’s decision is due. Applicants and other interested parties are advised to submit requests for public meetings at the earliest possible opportunity, because in some cases the division may issue its proposed order more quickly than required. (3) The division may hold a public meeting at its initiative. (4) Any person may speak at a public meeting, and any person who speaks at the public meeting may be questioned by the division’s staff. No questions by other than staff of the division will be allowed, unless permission is given by the chair. (5) The administrator of the Public Health Division, or the administrator’s designee, shall chair and conduct the meting. (6) Notice of a public meeting during the course of review shall be served on the parties specified in OAR 333-570-0030(1). 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
333-570-0080 Reports of Reviews Being Conducted At least annually, the division shall prepare reports of reviews being conducted, the status of each review being conducted, reviews completed since the last such report, and a general statement of the findings and decision made for completed reviews. 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
333-575-0010 Financial Reporting Requirements Applicants are subject to the following financial policy and reporting requirements following approval of a certificate of need application, when these reporting requirements have not been met during the review process itself. The applicant shall report on the receipt of the items listed below, on Form SIM-1: (1) Each applicant must submit within 30 days after it becomes available, a copy of the financial feasibility report if the applicant arranges for such a report. (2) When a bond rating report is issued in conjunction with a proposed bond issue to fund a certificate of need proposal, the applicant must submit a copy of the report to the division within 30 days of its issuance (3) When debt financing is used for a certificate of need project, the actual rate of interest obtained must be reported within 30 days of securing financing. [ED. NOTE: Forms 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
333-580-0010 Application Format The application should be presented in four sections: (1) Section A — Introduction; (2) Section B — Narrative discussion addressing the proposal’s relationship to the statutory certificate of need review criteria as defined in OAR 333-580-0040 through 333-580-0060; (3) Section C — Completed required forms; and (4) Section D — Appendices. 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
333-580-0020 Section A — Introduction The applicant shall provide a short introductory narrative of the proposal outlining the major aspects of the proposal. 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
333-580-0030 Section B — Review Criteria (1) The applicant must demonstrate in narrative form that its proposal satisfies the criteria specified in OAR 333-580-0040 to 333-580-0060 and the applicable service-specific need methodologies and standards in divisions 585 through 645. The application must have narrative sections corresponding to each section of OAR 333-580-0040 to 333-580-0060 (those statements labeled “(1),” “(2)” etc.). In each section, the criterion to be addressed is shown in italics. An explanation of the way in which the criterion is to be addressed and specific issues to be discussed is then provided. The narrative should address each of these issues. (2) The division will make findings and base its decision on the extent to which the applicant demonstrates that the criteria and standards referenced in section (1) of this rule are met. Criteria will be considered to have been met if the applicant can demonstrate that the questions posed in the criteria can be answered in the affirmative. An application will be decided in accordance with the statutes and rules in effect at the time of filing of a completed letter of intent for that application. A completed letter of intent will be considered to have been filed only if the division finds that it includes all of the information required under OAR 333-555-0020(1). (3) Each relevant issue in the outline of criteria must have a written explanatory response which includes supporting evidence and identifies the source of evidence, assumptions, methodologies used in projections, estimates, etc. (4) Applicants are encouraged to include any additional information relevant to the review criteria which was not specifically requested by the state, but which would further support the proposal. (5) Applicants must demonstrate to the division that a proposal is approvable. All other application sections are supportive of this section. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-580-0070 Special Requirements for Certain Types of Proposals (1) As required by ORS 442.584, applications proposing any of the technologies or services selected for assessment by the Health Resources Commission must include the information specified in section (2) of this rule. This requirement shall not apply until such time as the Health Resources Commission has selected the technologies that it will assess under ORS 442.583. (2) Applications for projects involving any equipment or services selected for assessment by the Health Resources Commission must include the following information in a separately identified section or appendix to the application: (a) The estimated number of patients needing the service or procedure who are not currently being served and who cannot be served by existing programs in the service area; (b) The anticipated number of procedures to be performed per year for a five-year period commencing on the date the service is started or the technology is acquired; (c) The anticipated number of patients to be served by the applicant, based on the incidence in the population to be served or the conditions for which the technology or service will be used; (d) Clinical indications for ordering use of the technology or service, with appropriate references to relevant literature; (e) An estimate of the treatment decisions likely to result from the technology or service; (f) A proposed method for collecting data on the patients served, costs engendered directly or indirectly and the health outcomes resulting from use of the technology or service. (3) The information required under this rule will not be used as a basis for any decision to approve or deny any application. Statutory/Other Authority: ORS 431.120(6), 442.315 & 442.584 Statutes/Other Implemented: ORS 431.120(6), 442.315 & 442.584 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-580-0080 General Instructions for Section C — Completion of Forms Applicants must complete Forms CN-1 through CN-12 and include these forms with the application, except that forms which are not relevant to the proposal need not be completed. Applicants should contact the Public Health Division to determine which forms are relevant to their proposal. Additional tables and graphs may be provided, and should appear as appendices in Section D and be referenced to the applicable discussion and criteria in Section B. Form CN-1 should be included as the first page of the application (after any cover pages and table of contents). [ED. NOTE: Forms 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
333-580-0090 Completion of Architectural Forms In completing Form CN-3, “Capital Expenditure Estimate,” all costs identified on this form, which will be incurred at a future date, must reflect the effects of inflation. [ED. NOTE: Forms 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
333-585-0000 General Criteria for Demonstration of Need in Certificate of Need Applications The applicant is responsible for providing information to the Public Health Division to adequately demonstrate that the applicant’s proposal satisfies criteria specified in applicable rules: (1) General criteria, application instructions and forms are contained in division 580 of this chapter. As part of meeting these criteria and requirements for a particular health service, the applicant must provide an analysis using the applicable methodology for demonstration of need for that service as adopted by the division elsewhere in this chapter. (2) In the event that an applicant, at the time of filing a letter of intent, is proposing a service for which the division has not adopted, as rule, a methodology for demonstration of need; or for which the adopted methodology may appear to require modification or clarification; the applicant may request, or the division or the applicant may initiate, rulemaking procedures under the state Administrative Procedure Act. In such circumstances, the division will make reasonable efforts to complete rulemaking procedures prior to the first possible filing date for the proposed application under this chapter, based on the letter of intent and other information received However, the actual application may raise unanticipated issues necessitating additional rulemaking procedures prior to written findings and decision by the division. 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
333-590-0000 Temporary rule language in effect until 04/19/2026. General (1) The applicant, in providing information to the Public Health Division to demonstrate need for a proposed new hospital, must satisfy the criteria specified in the Certificate of Need Application Instructions (OAR chapter 333, division 580). This response will include completing an analysis using the methodology of OAR chapter 333, division 590. (2) Exclusion from OAR chapter 333, division 590. Evaluating need for a psychiatric hospital shall be subject to the methodology described in OAR chapter 333, division 615 and division 580. No methodology from OAR chapter 333, division 590 shall apply to psychiatric hospitals. Statutory/Other Authority: ORS 431.120 & ORS 442.315 Statutes/Other Implemented: ORS 431.120 & ORS 442.315 History: PH 20-2025, temporary amend filed 10/22/2025, effective 10/22/2025 through 04/19/2026 HD 13-1994, f. & cert. ef. 4-22-94
333-590-0010 Definitions As used in is division: (1) “Acute Inpatient Care” means care provided in hospital beds, involving at least one overnight use of a bed. Acute inpatient care does not include skilled nursing facility, intermediate care facility, long-term care or supportive routine care for chronic disease or disability, convalescent care, or rest cures. Neither does acute inpatient care include outpatient or clinic care, emergency room care, outpatient laboratory tests, or ambulatory surgery. Acute inpatient care does include general medical/surgical care and short-stay specialty and sub-specialty acute care, including but not limited to gynecological, obstetrical, pediatric, ICU/CCU, psychiatric, alcoholism, chemical dependency, and rehabilitation care. (2) “Acute Inpatient Bed” means a space with physical facilities which is being used to provide inpatient care to a patient located in a hospital and is intended primarily for occupancy by a patient who will be fed, lodged and treated on an overnight basis, except that newborn nursery bassinets, neonatal intensive care and labor room beds are not included. (3) “Acute Inpatient Bed Capacity” is defined in OAR 333-545-0020(6), and means any space which could be made readily available for use as an acute inpatient bed, even if this space is not presently being used for this purpose. (4) “Population-Based Discharge and Use-Rates” means rates based on geographical area patient origins and population rather than on the statistics of utilization of a single facility. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: PH 30-2023, temporary amend filed 05/17/2023, effective 05/17/2023 through 11/12/2023 OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-590-0020 Estimates of Need The assumptions and methods described in this division are applicable to the interpretation of OAR 333-580-0040. Their practical purpose is to generate a range of quantitative estimates, against which to weigh the impact of qualitative factors, in determining bed need. This composite approach is necessary, in the absence of theoretically perfect and complete information about past, present and future. 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
333-590-0040 Determination of Service Area for Existing Hospitals For purposes of divisions 545 through 670 of OAR chapter 333, the service area for an existing general hospital will be defined as including those zip codes from which either ten percent or more of the hospital's discharges originate, or in which the hospital has at least a 20 percent market share. Minor adjustments to the boundaries of the hospital service area may be made to create a contiguous service area or to conform more closely to the boundaries of demographic units for which census data are reported (county, county census division, enumeration district, or zip codes if conversion has been done). (1) Discharge and patient day market shares in the service area of the applicant facility should be calculated from the most recent statewide patient origin studies. Changes in relative market shares should be examined if two or more such studies are available. Appropriate steps should be taken to adjust for comparability between these studies if they differ in number of hospitals included, and/or other pertinent factors. More recent patient origin data on a less than statewide basis may also be considered if a method of adjustment for balance-of-state origins and utilization acceptable to the division and the applicant can be developed prior to filing the application. (2) Federal (V.A.) hospitals may be excluded from the calculation of discharge and patient day market shares, and from other steps in this methodology, but if federal hospitals are excluded from any step, they must be excluded from all steps. For instance, market shares cannot be calculated using nonfederal patient days when the service area use-rate is calculated based on combined federal and nonfederal patient days. If explicit adjustments for projected declines in users eligible for care in federal facilities acceptable to the division and the applicant can be developed prior to filing the application, this factor must be considered. (3) In the absence of evidence to the contrary, current market shares will be expected to be stable. Factors to which consideration may be given include population shifts; different rates of population growth among subareas within the hospital service area; changes in hospital location service mix, age mix, reimbursement mix, transportation patterns, locations of physician specialists; projected changes in amount or types of utilization among other providers with market shares in the hospital service area; and documented commitments to develop procompetitive initiatives such as alternative delivery systems, selective contracting, successful competitive bidding, and other market oriented changes. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: PH 30-2023, temporary amend filed 05/17/2023, effective 05/17/2023 through 11/12/2023 PH 29-2004, f. & cert. ef. 9-23-04 HD 13-1994, f. & cert. ef. 4-22-94
333-600-0000 General In providing information to the Public Health Division to demonstrate need for various types of chemical dependency treatment services, the applicant must satisfy the criteria in the Certificate of Need Application Instructions (division 580). In completing the discussion of service area needs required by OAR 333-580-0040, the applicant should use the methodology in this division (division 600). 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
333-600-0010 Definitions The definitions of OAR 333-590-0010 also apply to this division. The following definitions categorize specific types of chemical dependency treatment services. Certificate of need is required for sections (1) and (3) of this rule if the project involves the establishment of a new facility: (1) “Medical Facility-Based Detoxification” means a short-term treatment, provided in a hospital during which medication is used under continuous medical supervision to restore physiological functioning. (2) “Nonmedical Facility-Based Detoxification” means primarily nonmedical treatment by means of rest and fluid, with intermittent or limited medical supervision, not provided in a hospital, to restore physiological functioning. (3) “Inpatient Hospital Services” means all medical and nursing services provided to persons who require 24-hour supervision as a result of acute or chronic medical and/or psychiatric illnesses associated with chemical dependency. Inpatient services may be delivered in a general or specialty hospital. (4) “Residential Treatment Services” means services designed to facilitate treatment and rehabilitation of the chemically dependent person by creating a structured, therapeutic environment. Residential treatment services may be provided in the following: (a) “Twenty-four hour residential treatment” means treatment in a residential treatment facility, non-hospital based, housing individuals who require 24-hour support and supervision; (b) “Partial residential treatment” means a part-time day and night and/or weekend residential treatment facility for people who are able to work, or able to live at home, but not both, and who may need further support or supervision. (5) “Rehabilitation Services” means a facility-based program of rehabilitation usually greater than 30 days. (6) “Residential Maintenance Care” means 24-hour care other than that previously defined as detoxification, residential treatment, or rehabilitation and may include care provided in foster homes, small group homes, or boarding homes for chemically dependent persons. (7) “Outpatient Treatment” means individual, family, or group services provided in a physician’s office or clinic; generally on an individual appointment basis rather than the structured, scheduled group programs covered in subsection (4)(b) of this rule. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94