justicedao/ipfs_state_laws huggingface dataset:
333-027-0160 Quality Assessment and Performance Improvement An agency must measure, analyze, and track quality indicators, adverse patient events, infection control and other aspects of performance that includes care and services furnished to a patient. Written documentation of quality assessment and performance improvement activities shall be recorded at least quarterly. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 Renumbered from 333-027-0065, OHD 13-1998, f. & cert. ef. 11-6-98 HD 20-1993, f. & cert. ef. 10-28-93 HD 19-1987, f. 11-10-87, ef. 12-1-87 HD 151, f. & ef. 12-30-77
333-027-0170 Waivers (1) While all agencies are required to maintain continuous compliance with these rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must be submitted to the Oregon Health Authority (Authority) in writing and include the following information: (a) Identification of the specific rule for which a waiver is requested; (b) The special circumstances relied upon to justify the waiver; (c) What alternatives were considered, if any, and why alternatives (including compliance) were not selected; (d) Information demonstrating that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and will not jeopardize patient health and safety; (e) For an initial waiver request or any request to renew a waiver, a description of the following: (A) Possible impacts that the proposed waiver may have on persons from different backgrounds and cultures, including but not limited to individuals of color, individuals with disabilities, individuals with limited English proficiency, people or households with lower incomes, and individuals who identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary, or another minority gender identity or another sexual orientation; (B) How the impact was determined; and (C) Proposed steps to mitigate the impact on disproportionately affected populations; and (f) The proposed duration of the waiver. (2) Upon finding that the agency has satisfied the conditions of this rule, the Authority may grant a waiver. (3) An agency may not implement a waiver until it has received written approval from the Authority. (4) During an emergency the Authority may waive a rule that an agency is unable to meet, for reasons beyond the agency's control. If the Authority waives a rule under this section, it shall issue an order, in writing, specifying which rules are waived, which agencies are subject to the order, and how long the order shall remain in effect. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.085 History: PH 16-2026, amend filed 01/29/2026, effective 02/01/2026 PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12 OHD 9-2002, f. & cert. ef. 7-2-02 Renumbered from 333-027-0067, OHD 13-1998, f. & cert. ef. 11-6-98 HD 20-1993, f. & cert. ef. 10-28-93
333-027-0175 Violations In addition to non-compliance with any law that governs a home health agency, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Authority staff access to the agency, its documents or records; (2) Fail to implement an approved plan of correction; (3) Refuse or fail to comply with an order issued by the Authority; (4) Refuse or fail to pay a civil penalty; (5) Fail to comply with rules governing the storage of records following the closure of an agency; (6) Fail to report suspected abuse of elderly persons as defined in ORS 124.050; (7) Fail to return a license as provided in OAR 333-027-0033; or (8) Operate without a license. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.045 & 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0180 Informal Enforcement (1) If during an investigation or survey Authority staff document violations of home health licensing rules or laws, the Authority 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 mailed to the Authority within 10 business days from the date the statement of deficiencies was received by the agency. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies. (3) An agency shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested from the Authority. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (4) The Authority shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority, the Authority shall notify the agency owner in writing or by telephone: (a) Identifying which provisions in the plan the Authority finds unacceptable; (b) Citing the reasons the Authority finds them unacceptable; and (c) Requesting that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was received by the owner. (5) If the agency 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 Authority may propose to deny, suspend, or revoke the agency license, or impose civil penalties. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.045 & 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0185 Formal Enforcement (1) If during an investigation or survey Authority staff document a substantial failure to comply with home health licensing laws or rules, or if an agency fails to pay a civil penalty imposed under ORS 443.045 and these rules, the Authority may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with 183.411 through 183.470. (2) The Authority may issue a Notice of Imposition of Civil Penalty for violations of home health licensing laws. (3) At any time the Authority may issue a Notice of Emergency License Suspension under ORS 183.430. (4) If the Authority revokes an agency license, the order shall specify when, if ever, the agency may reapply for a license. (5) The Authority may reinstate an agency license that has been suspended after the Authority determines that compliance with these rules have been achieved. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.045 & 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-027-0190 Civil Penalties (1) An agency that violates home health licensing laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) In determining the amount of a civil penalty, the Authority shall consider whether: (a) The Authority made repeated attempts to obtain compliance; (b) The licensee has a history of non-compliance with home health licensing laws and rules; (c) The violation poses a serious risk to the public’s health; and (d) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance. (3) The Authority shall document its consideration of the factors in section (2) of this rule. (4) Each day a violation continues is an additional violation. (5) A civil penalty imposed under this rule shall comply with ORS 183.746. Statutory/Other Authority: ORS 443.085 Statutes/Other Implemented: ORS 443.045 & 443.085 History: PH 3-2022, amend filed 01/11/2022, effective 01/13/2022 PH 7-2012, f. 3-30-12, cert. ef. 4-1-12
333-028-0200 School-Based Health Center Program: Purpose The school-based health center (SBHC) program supports communities in promoting the health and well-being of the school-age population through the evidence-based best practice within a public health framework. These rules (OAR 333-028-0200 through 333-028-0250) establish the procedure and criteria the Oregon Health Authority shall use to certify, suspend and decertify SBHCs. Certification of a SBHC by the SBHC state program is voluntary; an operating clinic is free to choose not to participate in certification and still operate. Only certified SBHCs are eligible for funding from Oregon Health Authority. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 15-2013, f.12-26-13, cert. ef. 1-1-14
333-028-0210 School-Based Health Center Program: Definitions (1) “Authority” means the Oregon Health Authority. (2) “Certification year” means a one-year period beginning on July 1 and ending on June 30. (3) “Electronic health record (EHR)” means an electronic record of an individual’s health-related information that conforms to nationally recognized interoperability standards and that can be created, managed and consulted by authorized clinicians and staff across more than one health care provider. (4) “Electronic medical record (EMR)” means a digital version of a paper chart that contains all of the patient’s medical history from one practice. An EMR is mostly used by providers for diagnosis and treatment. (5) “Program” means the Oregon Health Authority, Public Health Division, school-based health center program. (6) “School-based health center” (SBHC) has the meaning given the term in ORS 413.225. (7) “SBHC system” is one or more SBHCs that operate under the same sponsoring agency. (8) “Sponsoring agency” is an entity that provides the following services for a SBHC or contracts with another entity to provide one or more of the following: (a) Funding; (b) Staffing; (c) Medical oversight; (d) Liability insurance; and (e) Billing support. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 15-2013, f.12-26-13, cert. ef. 1-1-14
333-028-0220 School-Based Health Center Program: School-Based Health Center Program: Certification Requirements In order to be certified as a SBHC, a SBHC must meet all requirements for certification in the following sections of the SBHC Standards for Certification, Version 4, incorporated by reference. (1) Sponsoring agency, section B.1; (2) Facility, section C.1; (3) Hours of operation and staffing, section D.1; (4) Eligibility for services, section D.2; (5) Policies and procedures, section D.3; (6) Comprehensive Services, section E.1; (7) Immunizations, section E.2; (8) Equipment, section E.3; (9) Medication, section E.4; (10) Laboratory, section E.5; (11) Data collection, section F.1; (12) Data variable, section F.2; (13) Data reporting, section F.3; and (14) Billing, section G.1. [Publications: Publications referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 40-2016, f. 12-22-16, cert. ef. 7-1-17 PH 18-2015, f. 9-30-15, cert. ef. 10-1-15 PH 9-2015(Temp), f. & cert. ef. 5-6-15 thru 11-1-15 PH 15-2013, f.12-26-13, cert. ef. 1-1-14
333-028-0234 School-Based Health Center Program: Required Training At least one representative from a SBHC must attend a SBHC orientation, provided by the program, within one year of the program’s approval of the SBHC’s certification application. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 40-2016, f. 12-22-16, cert. ef. 7-1-17
333-028-0238 School-Based Health Center Program: Transfer of Medical Sponsorship (1) A certified SBHC that wishes to transfer medical sponsorship to a new entity must submit a Transfer of Medical Sponsorship Application to provide medical oversight. (2) The program will review Transfer of Medical Sponsorship Applications in accordance with OAR 333-028-0230. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 40-2016, f. 12-22-16, cert. ef. 7-1-17
333-028-0240 School-Based Health Center Program: Verification (1) The program shall conduct one on-site verification review of each approved SBHC within one year of application approval to determine compliance with SBHC certification requirements. (2) After the initial on-site verification review, the program shall conduct an on-site verification review every two years for a representative sample of certified SBHCs in each SBHC system. (3) A SBHC will be notified, in writing, no less than 30 days before its scheduled verification review. (4) A SBHC must permit program staff access to the site’s place of business during the review. (5) The verification review must include, but is not limited to: (a) Review of documents, policies and procedures, and records; (b) Review of electronic medical record systems, review of electronic health records systems, and review of practice management systems; (c) Review of data reports from electronic systems or other patient registry and tracking systems; (d) Interviews with practice management, clinical and administrative staff; (e) On-site observation of practice staff with at a minimum two school-aged patients, with the consent of the patient, parent, or guardian; and (f) On-site observation of patient environment and physical environment during business hours. (6) Following a review, program staff may conduct an exit interview with SBHC representative(s). During the exit interview the program staff shall: (a) Inform the SBHC representative(s) of the preliminary findings of the review; and (b) Give the SBHC representatives(s) a reasonable opportunity to submit additional facts or other information to the program staff in response to the findings. (7) Within 14 calendar days of the on-site visit program staff must prepare and provide the SBHC with a written report of the findings from the on-site review. (8) If no certification deficiencies are found during the review, the program shall issue written findings to the SBHC indicating no deficiencies were found. (9) If certification deficiencies are found during the on-site review, the program may: (a) Require corrective actions to be completed within a specified timeline; or (b) Take action in accordance with OAR 333-028-0250. (10) The program may conduct a review of a certified SBHC without prior notice of any or all selected certification requirements for compliance and perform a verification on-site review of a certified SBHC if the program is made aware of issues of compliance from any source. (11) At any time, a SBHC may request an administrative review of compliance, which includes one on-site visit. The review will be considered a “no penalty” review with the exception of gross violation or negligence that may require site closure or temporary suspension of services. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 40-2016, f. 12-22-16, cert. ef. 7-1-17 PH 15-2013, f. 12-26-13, cert. ef. 1-1-14
333-028-0250 School-Based Health Center Program: Compliance (1) A SBHC must notify the program within 20 calendar days of any change that brings the SBHC out of compliance with the certification requirements. A SBHC must submit a waiver to the program that includes an explanation of the non-compliant requirement, a plan for corrective action and date for meeting compliance. (2) The program will review the waiver request and inform the SBHC of approval or denial of the waiver within two weeks of submission. (3) If the waiver is approved the SBHC must comply with certification requirements by the proposed date of compliance. (4) If a waiver is denied; a SBHC does not come into compliance by the date of compliance stated on the waiver; or a SBHC is out of compliance with certification requirements and has not submitted a waiver, based on the program’s discretion, the program may: (a) Require the SBHC to complete an additional waiver with an updated plan for corrective action and updated date for meeting compliance; or (b) Issue a written warning with a timeline for corrective action; or (c) Issue a letter of non-compliance with the notification of a suspension or decertification status. (5) A SBHC with its certification status suspended may have its suspension lifted once the program determines that compliance with certification requirements has been achieved satisfactorily. (6) A SBHC that had been decertified may reapply under OAR 333-028-0230 at any time. (7) If these rules are amended in a manner that requires a SBHC to make any operational changes, the program will allow the SBHC until the beginning of the next certification year or a minimum of 90 days to come into compliance. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 40-2016, f. 12-22-16, cert. ef. 7-1-17 PH 15-2013, f. 12-26-13, cert. ef. 1-1-14
333-028-0260 School-Based Health Center Program: Funding Criteria for Certified SBHCs (1) The program is required, under ORS 413.225 to provide funds for the expansion and continuation of certified school-based health centers. (2) A SBHC that is certified by the program is eligible for funding by the program. (3) Funding for a certified SBHC may be provided, but is not limited to being provided, to: (a) A local public health authority, as that is defined in ORS 431.260; (b) A sponsoring agency; or (c) A coordinated care organization, or governmental entity or person that can demonstrate a significant interest and involvement in assisting and coordinating with SBHCs. (4) Funding award amounts will be primarily based on the number of certified SBHCs in the county and legislatively approved budget. The program may take into consideration other factors such as the quality of the health care services, clients served, and population needs. (5) Funding for certified SBHCs shall be awarded for up to two years. Fund awards are renewable based on the certification renewal process per OAR 333-028-0220. (6) Funding for a certified SBHC may be suspended or discontinued at the program’s discretion if a certified SBHC is out of compliance with certification requirements and the program has issued a suspension notice under OAR 333-028-0250(4). (7) The program must discontinue funding of an SBHC that has been decertified. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 10-2014, f. & cert. ef. 4-1-14
333-028-0270 School-Based Health Center Program: Funding Criteria for SBHC Planning Communities (1) The program is required to direct funds to communities planning for certified school-based health centers and will do so through a competitive grant proposal process for one or two year planning grants. (2) Any of the following entities may be eligible to apply for planning grant funds on behalf of their community: (a) A local public health authority; (b) A school or school district; (c) A coordinated care organization as that is defined in ORS 414.025; (d) Medical, dental or mental health organizations; or (e) A governmental entity or person that can demonstrate a significant interest and involvement in establishing, assisting or coordinating with SBHCs. (3) The program will specify in its published request for proposals which entities within a community are eligible for that specific grant award. (4) Planning grant applicants will be evaluated on elements outlined in the request for proposal, which must include but is not limited to an evaluation of community need and readiness for a SBHC. (5) The grant amount awarded shall be determined based on number of awarded applicants and legislatively approved budget. (6) Funding for planning communities shall be awarded for up to two years. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 10-2014, f. & cert. ef. 4-1-14
333-028-0280 School-Based Health Center Program: Funding Criteria for Incentive Funds (1) The program shall award grant funding to communities with certified SBHCs through a competitive grant proposal process in order to incentivize: (a) Increasing the number of SBHCs as state-recognized patient-centered primary care homes as that is defined in ORS 414.025; (b) Improve coordination of care of patients served by coordinated care organizations and SBHCs; and (c) Improve the effectiveness of the delivery of health services through SBHCs to children who qualify for medical assistance. (2) Any entity or person described in OAR 333-028-0270(2) may apply for funding and the program will specify in its published request for proposals which entities within a community are eligible for that specific grant award. (3) The program will evaluate applicants based on elements outlined in the request for proposals, which must include but is not limited to an evaluation of whether the person or entity has the qualifications to accomplish one or more of the activities described in subsections (1)(a) through (c) of this rule. (4) Funding awards shall be determined based on number of awarded applicants and legislatively approved budget. (5) Funding for the incentive grants shall be awarded for up to two years. Statutory/Other Authority: ORS 413.223 Statutes/Other Implemented: ORS 413.223 & 413.225 History: PH 10-2014, f. & cert. ef. 4-1-14
333-028-0300 Local School Dental Sealant Programs: Purpose (1) The Oregon Health Authority (Authority), Public Health Division, Oral Health Program (Program) supports communities in improving the oral health of the school-age population through evidence-based best practices within a public health framework. The Association of State and Territorial Dental Directors (ASTDD), Centers for Disease Control and Prevention (CDC), and the Community Preventive Services Task Force have all determined that school dental sealant programs (SDSPs) are an evidence-based best practice with strong evidence of effectiveness in preventing cavities among children and adolescents. (2) These rules (OAR 333-028-0300 through 333-028-0350) establish the procedure and criteria the Authority shall use to certify, train, recertify, and monitor and collect data from Local School Dental Sealant Programs. Annual certification of a Local School Dental Sealant Program by the Program is mandatory before dental sealants can be provided in a school setting. Statutory/Other Authority: ORS 431A.725 Statutes/Other Implemented: ORS 431A.725 History: PH 69-2024, amend filed 07/30/2024, effective 08/01/2024 PH 8-2022, amend filed 01/28/2022, effective 01/28/2022 PH 2-2016, f. & cert. ef. 1-29-16