justicedao/ipfs_state_laws huggingface dataset:
333-071-0250 Classification (1) An SICF shall be classified as follows: (a) Freestanding hospice facility; (b) Rehabilitation hospital; (c) Religious institution; or (d) Substance use disorder treatment facility. (2) The classification of each SICF shall be so designated on the license. (3) An SICF licensed by the Authority shall neither assume a descriptive title or be held out under any descriptive title other than the classification title established by the Authority 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 SICF, as set out in this rule, shall be allowed by the Authority unless the SICF files a new application, accompanied by the required license fee, with the Authority. If the Authority finds that the applicant complies with SICF licensing laws and the regulations of the Authority 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 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0030, filed 12/19/2018, effective 12/19/2018 OHD 6-1999, f. & cert. ef. 10-22-99 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 11-1988, f. & cert. ef. 5-27-88 HD 13-1987, f. 9-1-87, ef. 9-15-87
333-071-0260 Waivers (1) While all special inpatient care facilities (SICFs) are required to maintain continuous compliance with the Oregon Health Authority's (Authority) 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 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, 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 SICF has satisfied the conditions of this rule, the Authority may grant a waiver. (3) An SICF 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 SICF is unable to meet, for reasons beyond the SICF's control. If the Authority waives a rule under this section, it shall issue an order, in writing, specifying which rules are waived, which SICFs are subject to the order, and how long the order will remain in effect. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 16-2026, amend filed 01/29/2026, effective 02/01/2026 PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0145, filed 12/19/2018, effective 12/19/2018 HD 11-1988, f. & cert. ef. 5-27-88
333-071-0270 Complaints (1) Any person may make a complaint verbally or in writing to the Authority regarding an allegation against an SICF of a violation of any SICF licensing law or condition of participation. (2) The identity of a person making a complaint and any personal 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 333-071-0280. (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 Authority will refer the matter to that agency. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.057 History: PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0045, filed 12/19/2018, effective 12/19/2018 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 29-1988, f. & cert. ef. 5-27-88
333-071-0280 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 SICF 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 SICF, patient family members, witnesses, SICF management and staff; (b) On-site observations of patients, staff performance, and the physical environment of the SICF; 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, except as otherwise specified in 42 CFR § 401, Subpart B, if applicable. 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 SICF. The Authority may use any information obtained during an investigation in an administrative or judicial proceeding concerning the licensing of an SICF, 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 441.057 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0290 Surveys (1) The Authority shall, in addition to any investigations conducted under OAR 333-071-0280, conduct at least one on-site licensing survey of each SICF every three years to determine compliance with SICF licensing laws and at such other times as the Authority deems necessary. (2) In lieu of an on-site 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 of participation requirements of the CMS and other standards set by the Authority. An SICF must provide the Authority with the letter from CMS indicating its deemed status; (B) The SIFC notifies the Authority to participate in any exit interview conducted by the federal agency or accrediting body; and (C) The SIFC provides copies of all documentation concerning the certification or accreditation requested by the Authority. (3) An SICF shall permit Authority staff access to the facility during a survey. (4) A survey may include but is not limited to: (a) Interviews of patients, patient family members, SICF management and staff; (b) On-site observations of patients, staff performance, and the physical environment of the SICF; (c) Review of documents and records; and (d) Patient audits. (5) An SICF shall make all requested documents and records available to the surveyor for review and copying. (6) Following a survey, Authority staff may conduct an exit conference with the SICF administrator or the administrator's designee. During the exit conference Authority staff shall: (a) Inform the SICF 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. (7) Following a survey, Authority staff shall prepare and provide the SICF administrator or the administrator's designee specific and timely written notice of the findings. (8) 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. (9) If no deficiencies are found during a survey, the Authority shall issue written findings to the SICF administrator indicating that fact. (10) If deficiencies are found, the Authority shall take informal or formal enforcement action in compliance with OAR 333-071-0315 or 333-071-0320. Statutory/Other Authority: ORS 441.025 & 441.062 Statutes/Other Implemented: ORS 441.025, 441.057, 441.060 & 441.062 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0300 Nurse Staffing Audit and Complaint Investigation Procedures An SICF is subject to and shall comply with hospital nurse staffing audit procedures and hospital nurse staffing complaint investigation procedures specified in OAR chapter 333, division 501. Statutory/Other Authority: ORS 441.025, 441.057, 441.171 & 441.175 Statutes/Other Implemented: ORS 441.057 & 441.171 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0310 Violations In addition to non-compliance with any SICF licensing law, condition of participation 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 Authority staff access to the SICF, 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 Authority; (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 441.025 Statutes/Other Implemented: ORS 441.015, 441.025, 441.030 & 441.175 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0315 Informal Enforcement (1) If, during an investigation or survey Authority staff document violations of SICF licensing laws, conditions of participation or conditions for coverage, 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 received by the Authority within 10 business days from the date the statement of deficiencies was mailed to the SICF. 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 SICF 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 SICF 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 SICF does not come into compliance by the date of correction reflected on the plan of correction or 60 days from the date of the exit conference, whichever is sooner, the Authority may propose to deny, suspend, or revoke the SICF license, or impose civil penalties. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.015 & 441.025 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0320 Formal Enforcement (1) If, during an investigation or survey, Authority staff document substantial failure to comply with SICF licensing laws, conditions of participation or conditions for coverage or if an SICF fails to pay a civil penalty imposed under ORS 441.170, the Authority may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470. (2) The Authority may issue a Notice of Imposition of Civil Penalty for violations of SICF licensing laws. (3) At any time, the Authority may issue a Notice of Emergency License Suspension under ORS 183.430(2). (4) If the Authority revokes an SICF license, the order shall specify when, if ever, the SICF may reapply for a license. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.015 & 441.025 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0330 Approval of Accrediting Organization An accrediting organization may request approval by the Authority in accordance with OAR 333-501-0060. Statutory/Other Authority: ORS 441.062 Statutes/Other Implemented: ORS 441.062 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0340 Civil Penalties for Violations of Nurse Staffing Laws (1) For the purposes of this rule, "safe patient care" has the meaning given to the term in OAR 333-510-0002. (2) The Authority may impose civil penalties for a violation of any provision of ORS 441.152 to 441.177 and 441.185 if there is a reasonable belief that safe patient care has been or may be negatively impacted. (3) Each violation of the written SICF staffing plan shall be considered a separate violation. (4) If imposed, the Authority will issue civil penalties in accordance with Table 1 of OAR 333-501-0045. (5) In determining whether to issue a civil penalty, the Authority will consider all relevant evidence including, but not limited to, witness testimony, written documents and observations. (6) A civil penalty imposed under this rule shall comply with ORS 183.745. (7) The Authority shall maintain for public inspection records of any civil penalties imposed on SICFs penalized under this rule. Statutory/Other Authority: ORS 413.042, 441.175 & 441.185 Statutes/Other Implemented: ORS 441.175 & 441.185 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0345 Civil Penalties for Violation of Smoking Prohibition (1) If the Authority determines that an administrator or person in charge of an SICF permits a person to smoke tobacco in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF, the Authority may assess a civil penalty of not more than $500 per day against the administrator or the person in charge of an SICF. (2) In determining whether an administrator or person in charge of an SICF has permitted a person to smoke tobacco in violation of ORS 441.815, the Authority shall consider whether: (a) An SICF administrator or person in charge of an SICF has taken steps to enforce the smoking prohibitions, including calling law enforcement to report a violation; (b) The SICF administrator or person in charge of an SICF took affirmative action to address any complaints about smoking in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF; and (c) An SICF administrator or person in charge of an SICF has taken steps to educate the public and staff about the smoking ban. (3) A civil penalty issued under this rule shall not exceed $2,000 in any 30-day period. (4) A civil penalty imposed under this rule shall comply with ORS 183.745. Statutory/Other Authority: ORS 441.815 Statutes/Other Implemented: ORS 441.815 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0350 Civil Penalties, Generally (1) This rule does not apply to civil penalties for violations of ORS 441.162, 441.166, 441.815, or 435.254 or rules adopted to implement these statutes. (2) A licensee that violates an SICF licensing law, including OAR 333-071-0310 (Violations), is subject to the imposition of a civil penalty not to exceed $500 per day per violation. (3) 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). (4) 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 noncompliance with SICF 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. (5) The Authority shall document its consideration of the factors in section (4) of this rule. (6) Each day a violation continues is an additional violation. (7) A civil penalty imposed under this rule shall comply with ORS 183.745. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.990 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0360 Governing Body Responsibility (1) If a special inpatient care facility (SICF) is part of a multi-hospital system, one governing body may oversee multiple licensed hospitals within the system. (2) The governing body of each SICF 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 ensure that: (a) All health care personnel for whom state licenses or registrations are required are currently licensed or registered; (b) Qualified individuals allowed to practice in the SICF are credentialed and granted privileges consistent with their individual training, experience and other qualifications; (c) Procedures for granting, restricting and terminating privileges exist and that such procedures are regularly reviewed to assure their conformity to applicable law; (d) It has an organized medical staff responsible for reviewing the professional practices of the SICF for the purposes of improving patient safety and patient care; (e) A physician is not denied medical staff privileges at the facility solely on the basis that the physician holds medical staff membership or privileges at another health care facility; (f) All SICF employees and health care practitioners granted privileges have been tested for tuberculosis in accordance with OAR 333-071-0450; and (g) A notice, in a form specified by the Oregon Health Authority, summarizing the provisions of ORS 441.152 through 441.177 is clearly visible to the public that includes a phone number for purposes of reporting a violation of nurse staffing laws. (3) An SICF may grant privileges to nurse practitioners or physician associates in accordance with ORS 441.064 and subject to SICF rules governing credentialing and staff privileges. (4) An SICF shall require that every patient admitted shall be and remain under the care of a member of the medical staff as specified under the medical staff by-laws. (5) Nothing in these rules shall preclude an attending physician, identified by a patient, from providing care to the patient in a freestanding hospice facility. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.055, 441.056, 441.063, 441.064 & 441.169 History: PH 7-2025, amend filed 03/01/2025, effective 03/01/2025 PH 47-2020, minor correction filed 05/08/2020, effective 05/08/2020 PH 4-2019, amend filed 02/21/2019, effective 02/21/2019 PH 281-2018, renumbered from 333-071-0050, filed 12/19/2018, effective 12/19/2018 OHD 6-1999, f. & cert. ef. 10-22-99 HD 5-1989, f. 7-14-89, cert. ef. 8-1-89 HD 11-1988, f. & cert. ef. 5-27-88 HD 17-1987(Temp), f. 10-13-87, ef. 10-15-87 thru 4-15-88
333-071-0370 Health Care Practitioner Credentialing Each SICF shall comply with the health care practitioner and telemedicine provider credentialing requirements in accordance with OAR chapter 409, division 45. Statutory/Other Authority: ORS 441.025, 441.056 & 441.223 Statutes/Other Implemented: ORS 441.025, 441.056 & 441.223 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0380 Administrator (1) Each SICF shall employ or contract with a chief executive officer (CEO) or administrator who is responsible for the operation of the SICF and SICF based services in a manner commensurate with the authority conferred by the governing body, supports the delivery of high quality care and services and ensures compliance with all SICF policies and applicable state and federal laws and regulations. In determining the appropriate number of facilities for which a CEO or administrator is responsible, the governing body of the SICF or health system should consider distance between hospitals and the size and complexity of each facility. (2) The SICF shall notify the Authority, in writing, of the voluntary or involuntary termination of the CEO or administrator as well as the appointment of a new CEO or administrator within 30 days of the termination and appointment. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019
333-071-0410 Patient Rights (1) An SICF shall ensure that the facility recognizes and protects the following rights of each patient. Each patient has a right to: (a) Be treated with dignity and respect; (b) Receive care in a safe setting; (c) Participate in the development and implementation of care and services to be furnished, including any changes or cessation of care and services; (d) Make informed decisions about requesting or refusing care and services; (e) Verbalize advance directives and to have the SICF and staff who provide care to comply the directives; (f) Have a family member, lay caregiver or other representative notified when admitted and discharged from the SICF; (g) Be free from neglect of care, and all forms of abuse or harassment; (h) Personal privacy; (i) The confidentiality of his or her medical records; (j) Access information contained in his or her medical record within a reasonable time frame; (k) Be free from physical or chemical restraint or seclusion; and (L) Voice grievances or complaints regarding care, services or any other issue without discrimination or reprisal for exercising such rights. (2) An SICF shall inform each patient, or the patient's representative, in writing of the patient's rights in advance of receiving or discontinuing care or services when possible. The information provided must include: (a) Procedures for filing a grievance or complaint with the SICF; and (b) Procedures for filing a grievance or complaint with the Authority. Statutory/Other Authority: ORS 441.025 Statutes/Other Implemented: ORS 441.025 History: PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019