justicedao/ipfs_state_laws huggingface dataset:
410-050-0740 The Hospital Assessment: Calculation, Report, Due Date (1) The amount of the assessment equals the assessment rate multiplied by the hospital’s net revenue, consistent with OAR 410-050-0750, 410-050-0860, and 410-050-0861. The assessment shall be imposed on net revenues earned by the hospital on or after January 1, 2004, based on calendar quarters. The first calendar quarter begins on January 1; the second calendar quarter begins on April 1; the third calendar quarter begins on July 1; and the fourth calendar quarter begins on October 1. (2) The assessment rate shall be determined in accordance with OAR 410-050-0860 and 410-050-0861. (3) The hospital shall file the quarterly report on a form approved by the Authority on or before the 45th day following the end of the calendar quarter for which an assessment is due. The quarterly payment is due and shall be paid at the same time required for filing the quarterly report. The hospital shall provide all information required on the quarterly report when due. Failure to file or pay when due shall be a delinquency. (4) The fiscal year reconciliation report, including the financial statement and reconciliation statement, is due and shall be submitted to the Authority no later than the final day of the sixth calendar month after the hospital's declared fiscal year end. The fiscal year reconciliation assessment payment is due and shall be paid at the same time required for filing the fiscal year reconciliation report. The hospital shall provide all information required on the fiscal year reconciliation report when due. Failure to file or pay when due shall be a delinquency. (5) Any report, statement, or other document required to be filed under any provision of these rules must be certified by the hospital’s chief financial officer or designee. The certification shall attest, based on best knowledge, information, and belief, to the accuracy, completeness, and truthfulness of the document. (6) Payments may be made electronically or by paper check. If the hospital pays electronically, the accompanying report may either be faxed to the Authority at the fax number provided on the report form or mailed to the address provided on the report form. If the hospital pays by paper check, the accompanying report shall be mailed with the check to the address provided on the report form. (7) The Authority may charge the hospital a fee of $100 if, for any reason, the check, draft, order, or electronic funds transfer request is dishonored. This charge is in addition to any penalty for nonpayment of the assessment that may also be due. Statutory/Other Authority: 413.042, 410.070 & 411.060 Statutes/Other Implemented: 2017 HB 2391 History: DMAP 64-2017, amend filed 12/29/2017, effective 01/01/2018 DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0770 Determining the Date Filed (1) For the purposes of these rules, any reports, requests, appeals, payments, or other response by the hospital shall be received by the Authority either: (a) Before the close of business on the date due; or (b) If mailed, postmarked before midnight of the due date. (2) When the due date falls on a Saturday, Sunday, or a legal holiday, the date filed is on the next business day following the Saturday, Sunday, or legal holiday. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0780 Records Audit by the Authority (1) The hospital shall maintain financial records necessary and adequate to determine the net revenue for any calendar period for which an assessment may be due. (2) The Authority or its designee may audit the hospital's records at any time for a period of five years following the date the assessment is due to verify or determine the hospital's net revenue. (3) The Authority may issue a notice of deficiency or issue a refund based upon its audit findings. (4) Any audit, finding, or position may be reopened if there is evidence of fraud, malfeasance, concealment, misrepresentation of material fact, omission of income, or collusion either by the hospital or by the hospital and a representative of the Authority. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0790 Determining Assessment for Hospital Failure to File (1) The law places an affirmative duty on the hospital to file a timely and correct report. (2) In the case of a failure by the hospital to file a report or to maintain necessary and adequate records, the Authority shall determine the hospital’s assessment liability according to the best of its information and belief. Best of its information and belief means the Authority shall use evidence available to the Authority at the time of the determination on which a reasonable person would rely on in determining the assessment. The Authority's determination of assessment liability shall be the basis for the assessment due in any notice of proposed action. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0800 Financial Penalty for Failure to File a Report or Failure to Pay Tax When Due (1) A hospital that fails to file a quarterly report or pay a quarterly assessment when due shall be subject to a penalty of up to $500 per day of delinquency. The Authority, in its sole discretion, shall determine the penalty for failure to pay the assessment or file a report. In making this determination, the Authority shall consider evidence such as prior late payments, prior penalties, and circumstances related to delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules. (2) A hospital that fails to file a fiscal year reconciliation report when due is subject to a penalty of up to $500 per day of delinquency. The Authority, in its sole discretion, shall determine the penalty for failure to pay the assessment or file a report. In making this determination, the Authority shall consider evidence such as prior late payments, prior penalties, and circumstances related to delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules. (3) A hospital that files a fiscal year reconciliation report, but fails to pay a fiscal year reconciliation assessment when due is subject to a penalty of up to $500 per day of delinquency up to a maximum of five percent of the amount due. The Authority, in its sole discretion, shall determine the penalty for failure to pay the reconciliation assessment payment or file a fiscal year reconciliation report. In making this determination, the Authority shall consider evidence such as prior late payments, prior penalties, and circumstances related to delinquency. The penalty accrues from the date of delinquency, notwithstanding the date of any notice under these rules. (4) The total amount of penalty imposed under this section for each reporting period may not exceed five percent of the assessment for the reporting period for which penalty is being imposed. (5) The Authority shall collect any penalties imposed under this section and deposit the funds in the Authority's account established under ORS 413.101. (6) Penalties paid under this section are in addition to the hospital's assessment liability. (7) If the Authority determines that a hospital is subject to a penalty, the Authority shall issue a notice of proposed action as described in OAR 410-050-0810. (8) If a hospital requests a contested case hearing pursuant to OAR 410-050-0830, the Director, at the Director's sole discretion, may waive or reduce the amount of penalty assessed. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 33-2009, f. & cert. ef. 10-1-09 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0810 Notice of Proposed Action (1) Prior to issuing a notice of proposed action, the Authority shall notify the hospital of the potential deficiency or failure to report that could give rise to the imposition of a penalty. The Authority shall issue a notification letter within 30 calendar days of the report or payment due date. The hospital shall have 30 calendar days from the date of the notice to respond. The Authority may consider the response and any amended final report under OAR 410-050-0760 in its notice of proposed action. In all cases that the Authority has determined that a hospital has an assessment deficiency or failure to report, the Authority shall issue a notice of proposed action. The Authority may not issue a notice of proposed action if the issue is resolved satisfactorily within 59 days from the date of mailing the notification letter. (2) The Authority shall issue a notice of proposed action within 60 calendar days from the date of mailing the notification letter. (3) Contents of the notice of proposed action shall include: (a) The applicable reporting period; (b) The basis for determining the corrected amount of assessment; (c) The corrected assessment due as determined by the Authority; (d) The amount of assessment paid by the hospital; (e) The resulting deficiency, which is the difference between the amount received by the Authority and the corrected amount due as determined by the Authority; (f) Statutory basis for the penalty; (g) Amount of penalty per day of delinquency; (h) Date upon which the penalty began to accrue; (i) Date the penalty stopped accruing or circumstances under which the penalty shall stop accruing; (j) The total penalty accrued up to the date of the notice; (k) Instructions for responding to the notice; and (l) A statement of the hospital's right to a hearing. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 29-2008, f. 8-29-08, cert. ef. 9-1-08 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0820 Required Notice (1) The Authority shall send any required notice to the address and contact person identified by the hospital on its most recently filed report. (2) Any notice required to be sent to the Authority shall be sent to the point of contact identified on the communication from the Authority to the hospital. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0830 Hearing Process (1) Any hospital that receives a notice of proposed action may request a contested case hearing under ORS 183. (2) The hospital may request a hearing by submitting a written request within 20 days of the date of the notice of proposed action. (3) Prior to the hearing, the hospital shall meet with the Authority for an informal conference: (a) The informal conference may be used to negotiate a written settlement agreement. (b) If the settlement agreement includes a reduction or waiver of penalties, the agreement shall be approved and signed by the Director. (4) Except as provided in section (5) of this rule, if the case proceeds to a hearing, the administrative law judge shall issue a proposed order. The Authority shall issue a final order. (5) Nothing in this section shall preclude the Authority and the hospital from agreeing to informal disposition of the contested case at any time, consistent with ORS 183.415(5). Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0840 Final Order of Payment A final order of payment is a final Authority action, expressed in writing, based on a notice of proposed action where a payment amount is due to the Authority. The Authority shall issue a final order of payment for deficiencies or penalties when: (1) The hospital did not make a timely request for a hearing; (2) Any part of the deficiency and penalty was upheld after a hearing; or (3) Upon the agreement of the hospital and the Authority. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0850 Remedies Available after Final Order of Payment Any amounts due and owing under the final order of payment and any interest thereon may be recovered by Oregon as a debt to the state, using any available legal and equitable remedies. These remedies include, but are not limited to: (1) Collection activities including, but not limited to, deducting the amount of the final deficiency or penalty from any sum then or later owed to the hospital by the Authority; and (2) Every payment obligation owed by the hospital to the Authority under a final order of payment shall bear interest at the statutory rate of interest in ORS 82.010 accruing from the date of the final order of payment and continuing until the payment obligation, including interest, has been discharged. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: 2015 HB 2395 History: DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0860 Director Determines Assessment Rate (1) The Director shall determine the inpatient and outpatient assessment rate separately. (2) The rate of assessment shall be imposed on the net revenue of each hospital subject to the assessment. The Director shall consult with representatives of hospitals before setting the rate. (3) The Director may reduce the inpatient or outpatient rate of assessment to the maximum rate allowed under federal law if the reduction shall set the assessment rate to an effective date that results in compliance with the maximum safe harbor rate required to comply with federal law. If the rate is changed pursuant to this section, the Director shall notify the hospitals as to the effective date of the rate change. (4) The Director may impose a different inpatient and outpatient assessment rate on Type A hospitals and Type B hospitals to take into account the hospital’s financial position. (5) A hospital is not guaranteed that any additional moneys paid to the hospital in the form of payments for services will equal or exceed the amount of the assessment paid by the hospital. (6) If the Director adjusts the rates, such changes shall be retroactively effective to the beginning of the calendar year quarter the adjustment occurs in. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: HB 2010 (2025) History: DMAP 69-2025, amend filed 09/23/2025, effective 09/26/2025 DMAP 64-2017, amend filed 12/29/2017, effective 01/01/2018 DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 34-2005, f. 7-8-05, cert. ef. 7-11-05 OMAP 28-2005(Temp), f. & cert. ef. 5-10-05 thru 11-5-05 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 91-2004(Temp), f. & cert. ef. 12-3-04 thru 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-050-0870 Sunset Provisions (1) The hospital assessment applies to net revenue received by hospitals on or after January 1, 2004, and before October 1, 2025. (2) The Type A and B hospital assessment applies to net revenue received by hospitals on or after January 1, 2018, and before October 1, 2025. (3) The hospital assessment applies to net revenue received by hospitals on or after September 1, 2025, and before October 1, 2032. (4) The Type A and B hospital assessment applies to the net revenue received by hospitals on or after September 1, 2025 and before October 1, 2032. Statutory/Other Authority: ORS 413.042, 410.070 & 411.060 Statutes/Other Implemented: HB 2010 (2025) History: DMAP 69-2025, amend filed 09/23/2025, effective 09/26/2025 DMAP 35-2019, amend filed 08/27/2019, effective 10/01/2019 DMAP 64-2017, amend filed 12/29/2017, effective 01/01/2018 DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15 DAMP 17-2014, f. & cert. ef. 3-25-14 DMAP 53-2013(Temp), f. & cert. ef. 10-1-13 thru 3-29-14 DMAP 33-2009, f. & cert. ef. 10-1-09 DMAP 3-2008, f. & cert. ef. 1-25-08 OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05 OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05
410-110-0025 Scope These rules establish criteria for awarding grants under the Safety Net Capacity Grant Program, which was established to ensure that safety net providers have capacity to serve vulnerable and underserved children in Oregon. Statutory/Other Authority: ORS 413.225 Statutes/Other Implemented: ORS 413.225, 2015 c. 837 § 34 & 414.231 History: Renumbered from 409-110-0025, DMAP 65-2016, f. & cert. ef. 11-29-16 OHP 15-2016, f. & cert. ef. 11-1-16 OHP 8-2016(Temp), f. & cert. ef. 5-9-16 thru 11-4-16
410-110-0030 Definitions The following definitions apply to OAR 409-110-0025 to 409-110-0045: (1) “Authority” means the Oregon Health Authority. (2) “Community-sponsored Clinic” means a non-profit, community-based clinic that does not receive state or federal funding and is sponsored by the local community in the form of grants and donations, including in-kind donations of goods and services. (3) “Culturally and Linguistically Appropriate Services” means health care services that are respectful of and responsive to cultural and linguistic needs. Please refer to the “National Standards on Culturally and Linguistically Appropriate Services” (CLAS), United States Department of Health and Human Services, Office of Minority Health. (4) “Primary Healthcare Service” means physical, oral, mental, behavioral, and vision health services that are delivered in a manner that reflects the state’s emphasis on patient-centered care. (5) “Program” means the Safety Net Capacity Grant Program. (6) “Safety Net Provider” means a public or non-profit federally qualified health center, school-based health center, tribal health clinic, rural health clinic, or community-sponsored clinic that provides primary care and preventive physical, oral, mental, behavioral and vision health services to low-income patients without charge or using a sliding scale. (8) “Target Population” refers to children who are not eligible for the Oregon Healthy Kids Program for reasons other than income. [ED.NOTE: Publications referenced are available from the agency] Statutory/Other Authority: ORS 413.225 Statutes/Other Implemented: ORS 413.225, 2015 c. 837 § 34 & 414.231 History: Renumbered from 409-110-0030, DMAP 65-2016, f. & cert. ef. 11-29-16 OHP 15-2016, f. & cert. ef. 11-1-16 OHP 8-2016(Temp), f. & cert. ef. 5-9-16 thru 11-4-16
410-110-0035 Program Administration (1) The Program is intended to ensure that the target population has access to primary physical, oral, mental, behavioral, and vision health services. (2) The Authority shall award grants to safety net providers through the Program. (3) Services covered through the Program are limited to primary and preventive physical, oral, mental, behavioral, and vision health services. (4) Children in the target population through the age of 18 are eligible to receive services through the program. (5) The grant amount awarded shall take into consideration the distribution and concentration of the target population in the proposed service area. (6) The Program is competitive and proposals that include collaboration with community partners may be given preference. (7) The Authority shall administer the Program including soliciting, reviewing, evaluating, and selecting successful grant proposals. The Authority shall also provide project monitoring, technical assistance and submit periodic status reports to interested parties. (8) Grant funding shall be awarded for the remainder of the 2015-2017 biennium, with the possibility of extensions. (10) The Authority shall distribute safety net grant funds to successful applicants on an incremental basis. Statutory/Other Authority: ORS 413.225 Statutes/Other Implemented: ORS 413.225 & 2015 c. 837 § 34 History: Renumbered from 409-110-0035, DMAP 65-2016, f. & cert. ef. 11-29-16 OHP 15-2016, f. & cert. ef. 11-1-16 OHP 8-2016(Temp), f. & cert. ef. 5-9-16 thru 11-4-16
410-110-0040 Grant Award Process (1) The Authority shall advertise grant proposals through publication on its website and through communication to eligible entities. (2) All proposals must be submitted in a form specified by the Program and by the date specified in the solicitation document. (3) The Authority shall document receipt of all proposals. (4) To qualify for a grant through the Program, applicants must be able to credibly estimate the number of new and existing children in the target population they will serve, as well as the number of estimated visits for the target population. (5) The Authority shall evaluate all proposals based upon but not limited to the following evaluation elements: (a) Demonstrated capacity to provide primary health care services. (b) Demonstrated capacity or description of a credible plan to serve the target population. (c) Demonstrated capacity or description of a credible plan to assure that services are culturally and linguistically competent. (d) Demonstrated capacity or description of a credible plan to identify, contact, and provide primary care services to the target population. (e) Demonstrated readiness to be operational within 60 days of grant award. (f) Maintenance of operating hours and locations to ensure accessibility. (g) Demonstrated ability to partner with community-based and other community organizations and to leverage funds, where possible. (h) Submission of a proposed work plan, including timeline, discrete programs and products, evaluation outcomes, and budget. (i) Demonstrated capacity or description of a credible plan for implementing data systems that can report on delivery of services and health outcomes, preferably through the utilization of electronic health records that are Certification Commission for Health Information Technology certified. (6) The Authority shall form a committee to consider and make recommendations on the submitted proposals. (7) The Authority shall notify applicants, in writing, whether their proposal was selected for funding. The Authority shall provide a question and answer opportunity through electronic or telephone communication both before and after the selection of proposals. Statutory/Other Authority: ORS 413.225 Statutes/Other Implemented: ORS 413.225, 2015 c. 837 § 34 & 414.231 History: Renumbered from 409-110-0040, DMAP 65-2016, f. & cert. ef. 11-29-16 OHP 15-2016, f. & cert. ef. 11-1-16 OHP 8-2016(Temp), f. & cert. ef. 5-9-16 thru 11-4-16