justicedao/ipfs_state_laws huggingface dataset:
943-005-0025 Requesting a Reasonable Modification (1) Requests for reasonable modification to a program, service, or activity may be made to Authority staff either verbally, by completing the Request for Reasonable Modification form, or in any manner otherwise acceptable to the Authority. (2) When the Authority receives a request for reasonable modification, the Authority shall: (a) Make a determination about any additional documentation needed and request the documentation. (b) Communicate with the individual requesting the reasonable modification about the process, additional required documentation and the possibility of acceptable alternate modifications. (c) Authority staff shall consider the requester a partner, communicating routinely and respectfully in an effort to achieve a swift and satisfactory resolution to requests for reasonable modification. (3) When a request for reasonable modification is related to an event or activity that is fixed in time, such as a public meeting, Authority staff shall make a decision as soon as reasonably possible, and in no case less than eight hours prior to the event or activity, provided the request is received at least 12 hours prior to the event or activity. (4) No more than 15 days after receiving a request or any additional required documentation, whichever is later, the Authority shall notify the requester in writing that the requested modification was approved, approved with alternate modification, or denied. (a) Notification related to a request for reasonable modification approved with alternate modifications or denied shall be clearly labeled “Preliminary Notification Subject to Review”. (b) The Authority shall ensure the approved modification occurs within a reasonable time. (5) The Authority’s ADA Coordinator shall review all preliminary notifications. (6) An individual or the individual’s representative may request a review meeting with the ADA Coordinator after receiving a preliminary notification approving alternate modifications or denying modifications. (a) If a review meeting is not requested within 60 days of the preliminary notification, the decision shall become final. (b) Within 15 days of receiving a request for a review meeting, the ADA Coordinator will meet with the individual or the individual’s representative and attempt to resolve the individual’s concerns. (c) Within 15 days of the review meeting, the ADA Coordinator will respond in writing and shall notify the requestor of the final result of the review. (7) An individual whose request for reasonable modification has been denied or approved with an alternate modification that the individual believes to be inadequate may file: (a) A report of discrimination as described in these rules; or (b) A complaint with the appropriate federal or state regulatory agency. (8) The Authority shall retain all written requests for meetings with the ADA Coordinator for at least three years. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15 OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-005-0040 Request for Reconsideration (1) When the investigation of a report of discrimination or harassment is complete, the individual who filed the report of discrimination or harassment, the aggrieved individual, or the person accused of discrimination or harassment may submit a written request for reconsideration within 20 days of the date the closing notice is issued. (2) Written requests for reconsideration must be dated and submitted to the Authority’s Director’s Office. (3) The Director or Director’s designee shall issue a final written response to the request for reconsideration. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15
943-005-0050 Data Collection (1) OEI shall maintain records related to reports of alleged discrimination and harassment including data on the: (a) Number of reports received. (b) Types of discrimination or harassment alleged. (c) Location of the alleged discrimination. (d) Resolution status of individual reports. (e) Number of requests for reconsideration. (2) OEI shall establish reporting standards for designees. (3) OEI shall retain all collected reporting records for at least three years. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15
943-005-0070 Implementation and Training (1) OEI shall develop a plan to communicate the Authority’s non-discrimination rules and associated policies and processes to individuals who interact with the Authority, including regular and temporary employees, volunteers, contractors and subcontractors and clients. (2) OEI shall coordinate the Authority’s civil rights compliance activities. (3) All Authority employees shall receive training regarding this policy that includes: (a) Information about where to find these rules and associated policies; and (b) An opportunity to ask questions and have their questions answered. (4) OEI shall work collaboratively within the Authority to: (a) Bring existing processes into compliance with this rule and Authority policy. (b) Increase uniformity within Authority programs in policy and processes related to civil rights violations and investigations. (c) Improve identification of civil rights violations. (d) Ensure uniformity in tracking and compiling data related to civil rights complaints and violations. (e) Communicate the Authority’s non-discrimination rules, policies, and processes in handbooks and other general information materials to individuals requesting information, or applying for or receiving the benefit of programs, services, or activities. (5) The Authority shall provide contractors and subcontractors with communication and training materials developed as a part of the implementation of these rules. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15
943-007-0001 Background Checks Employees, volunteers, providers and contractors for the Oregon Health Authority (Authority) are subject to background checks and screening to determine if they have a history of specific criminal or abusive behavior identified in federal or state law or rules such that they should not be allowed to work, volunteer, be employed, or otherwise perform in positions covered by these rules. (1) The Authority adopts and incorporates by reference the rules established in: OAR 407-007-0000 to 0075 and 407-007-0090 to 0100 (Employees, Volunteers and Contractors) for those matters that involve employees, volunteers, or contractors of the Authority, except as otherwise provided in this rule. (2) The Authority adopts and incorporates by reference the rules established in: OAR 407-007-0200 to 407-007- 0320; and 407-007-0340 to 407-007-0370 (Providers) for those matters that involve any entity or agency licensed, certified, registered, or otherwise regulated by the Authority, except as otherwise provided in this rule. (3) The Authority adopts and incorporates by reference the rules established in OAR 407-007-0400 to 407-007-0460 for those matters that involve abuse checks for Authority employees, volunteers, and applicants for employment or volunteer positions, except as otherwise provided in this rule. (4) The Authority adopts and incorporates by reference the rules established in OAR 407-007-0600 to 407-007-0640 (Long Term Care Registry) for those matters that involve any entity or agency licensed, certified, registered, or otherwise regulated by the Authority, except as otherwise provided in this rule. (5) Any reference to any rule from OAR 407-007-0000 to 407-007-0100 or from 407-007-0400 to 407-007-0640 in rules or contracts of the Authority are deemed to be references to the requirements of this rule, and shall be construed to apply to employees, volunteers, or contractors of the Authority. (6) References in OAR 407-007-0000 to 407-007-0640 to the Department of Human Services (Department) or to the Authority shall be construed to be references to either or both agencies. (7) The Authority authorizes the Department to act on its behalf in carrying out background checks and screening associated with the administration of programs or activities administered by the Authority. Statutory/Other Authority: ORS 413.042, 181A.195, 181A.200 & 413.036 Statutes/Other Implemented: ORS 183.341, 413.036 & 443.004 History: OHA 1-2020, amend filed 02/10/2020, effective 02/10/2020 OHA 1-2019, amend filed 10/01/2019, effective 10/01/2019 OHA 1-2018, temporary amend filed 07/02/2018, effective 07/02/2018 through 12/27/2018 OHA 6-2012, f. 8-9-12, cert. ef. 8-10-12 OHA 2-2012(Temp), f. & cert. ef. 5-7-12 thru 11-2-12
943-012-0005 Definitions The following definitions apply to OAR 943-012-0005 through 943-012-0025: (1) "Authority" means the Oregon Health Authority. (2) "Division" means every individual organizational unit within the Authority. (3) "Employee" means individuals acting in the course and scope of their duties who are on the State of Oregon payroll, contract employees, employees of temporary service agencies, and volunteers. It also includes employees of other government or social service agencies who, at the time they are accompanying an Authority employee on Authority business, are the target of conduct described in OAR 943-012-0010. (4) "Premises" means any land, building, facility, and other property owned, leased, or in the possession of, and used or controlled by the Authority. When the Authority occupies space in a building occupied by multiple tenants, the definition includes the common areas of the building used by all tenants such as, but not limited to, restrooms, hallways, and food service areas. (5) "Restriction of Access" means the Authority has limited an individual's access to specific Authority premises, employees, or methods of communication. (6) "Weapon" includes, but is not limited to: (a) A dangerous or deadly weapon as defined in ORS 161.015; (b) Any other object or substance used in a manner that compromises the safety of Authority employees or visitors on Authority premises; (c) An imitation or replica of any of the above. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 & 654.010 History: OHA 18-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 7-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-012-0010 Prohibited Conduct (1) Conduct that may result in restriction of access includes, but is not limited to the following: (a) Causing or threatening to cause physical injury to Authority employees or visitors; (b) Engaging in actions which compromise the safety or health of Authority employees or visitors; (c) Causing or threatening to cause harm to the family or property of an employee or visitors through written, electronic, or verbal communication; (d) Causing or threatening to cause damage to Authority premises; (e) Bringing a deadly or dangerous weapon onto the Authority's premises, unless authorized by ORS chapter 166 to carry a handgun; (f) Displaying, attempting, or threatening to use any weapon, on or off Authority premises, that compromises the safety of Authority employees or visitors; (g) Engaging in harassing conduct as defined in ORS 166.065. (h) Engaging in telephonic harassment as defined in ORS 166.090. (2) The conduct listed in section (1) is also prohibited if it occurs during employees' off-work hours and off Authority premises and the prohibited conduct is related to the employee's work with the Authority. (3) Prior to issuing a restriction of access notice, the Authority shall make an individualized assessment as to whether the conduct listed in section (1) of this rule is a result of a disability of which the Authority has knowledge and whether the conduct is a "direct threat" to others as described in OAR 943-005-0000 through 943-005-0030. If the Authority determines the disabled individual's conduct is not a direct threat, the Authority shall explore the possibility of a reasonable accommodation to mitigate the safety risk. (4) The prohibitions on conduct in this rule do not apply to individuals who are residents of an Authority-operated residential facility. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 & 654.010 History: OHA 18-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 7-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-012-0015 Continuation of Eligible Services (1) An individual whose access has been restricted by the Authority shall continue to be provided services for which the individual meets program eligibility requirements by an alternate and effective method of communication as determined by the Authority. (2) Alternate methods may include telephone, electronic mail, written communication, meeting at a designated secure site, or through the individual's representative. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 & 654.010 History: OHA 18-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 7-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-012-0020 Notification (1) If the Authority determines that it is necessary to restrict access or the methods of communication because of prohibited conduct, the individual will be provided written notification, signed by the assistant director or deputy assistant director of the affected division, and sent by certified mail or other traceable means. The notice shall describe the following: (a) Conduct giving rise to the restrictions; (b) The specific premises or parts of premises from which the individual is excluded; or the forms of communication which are restricted; (c) The alternate method by which services may be obtained; (d) Contact information for services or appointment scheduling; (e) The availability of the review process, including notification that individuals with disabilities are entitled to request modification; (f) The potential criminal consequences for violating the notice of restriction of access; and (g) The law enforcement agency being notified. (2) The notice shall be effective upon issuance. (3) Restrictions on access to Authority premises or methods of communication shall remain in place until the Authority determines the individual no longer poses a threat and issues an official notification of removal. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 & 654.010 History: OHA 18-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 7-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-012-0025 Authority Review (1) The Authority shall establish an internal review process to ensure that a notice of restriction of access is warranted prior to issuing a written notice of restriction of access. (2) Following the Authority's issuance of a notice of restriction of access, the recipient of the notice may request review of the Authority's determination. The request must be submitted to the office of the Director of the Authority. The request must be in writing and submitted, by mail or personal delivery, within 15 business days of the date of issuance of the notice of restriction of access. If the request is submitted by mail, it must be postmarked within 15 business days. No particular format is required for the request for review; however, the individual should include specific grounds for requesting the review. (3) Upon receipt of a request for review, the Director or an assistant director shall review the request and issue a written decision. The review may include an informal conference. The decision shall be issued within ten days of receipt of the request for review. (4) The Authority’s decision is final. (5) If the Authority’s decision rules in favor of the individual, the restricted individual's access restriction shall be immediately lifted. If the decision is unfavorable to the restricted individual, the restricted individual may seek further review after six months have lapsed since the date of issuance by following the process described in this rule. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 & 654.010 History: OHA 18-2011, f. 8-30-11, cert. ef. 9-1-11 OHA 7-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-014-0015 Covered Entity Status for Purposes of the HIPAA Privacy Rules (1) These rules address information that, among other things, may be Protected Health Information that is protected by the HIPAA Privacy Rules. For purposes of HIPAA Privacy Rules, the Authority is a hybrid entity because the Authority performs functions that are covered by HIPAA (“health care components”) and functions that are not covered by HIPAA. The Authority’s health care components consist of the functions that are included in the definition of a covered entity, as follows: (a) The Authority in its capacity as the state Medicaid agency for the administration of the Medicaid program under Title XIX of the Social Security Act and the Children’s Health Insurance Program under Title XXI of the Act and the medical assistance program as described in ORS chapter 414. (b) The Health Care for All Oregon Children program; (c) The Family Health Insurance Assistance Program established in ORS 414.841 to 414.864; (d) Any medical assistance or premium assistance programs reimbursed with Medicaid or the Children’s Health Insurance Program funds operated by the Authority; (e) The Oregon State Hospital and Blue Mountain Recovery Center; (f) The high risk pools administered by the Oregon Medical Insurance Pool Board and the Office of Private Health Partnerships; (g) The Breast and Cervical Cancer Program and the Wise Woman Program; (h) The Public Health Laboratory; (i) The Medicaid Management Information system and information technology systems associated with the administration and management of the health care components listed above; and (j) The ombudsman and other administrative and health care operations functions associated with the administration and management of the health care components listed above. (2) The Authority administers many aspects of the medical assistance program with the assistance of the Department, including but not limited to eligibility determinations for the medical assistance program and supervising the long-term and community-based services for seniors and people with disabilities. The Department also provides certain health care operations services for the Authority. In doing so, the Department is a business associate of the Authority. As a business associate of the Authority, the Department is authorized to use and disclose protected health information to perform or assist the Authority in the performance of its covered functions. (3) When these rules of the Authority apply to PHI that is subject to the HIPAA Privacy and Security rules, a reference to the Authority may also include the actions of the Department acting as the Authority’s business associate. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.505, 192.518 – 192.529, 411.010, 413.032 & 414.065 History: OHA 22-2011, f. & cert. ef. 9-2-11 OHA 8-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-014-0040 Minimum Necessary Standards (1) The Authority shall limit the use and disclosure of protected information to that which is reasonably necessary to accomplish the intended purpose of the use or disclosure which is referred to in these rules as the minimum necessary standard. (2) This minimum necessary standard is not intended to impede the essential Authority activities of treatment, payment, health care operations, or service delivery. (3) The minimum necessary standard applies: (a) When using protected information within the Authority; (b) When disclosing protected information to a third party in response to a request; or (c) When requesting protected information from another covered entity. (4) The minimum necessary standard does not apply to: (a) Disclosures to or requests by a health care provider for treatment; (b) Disclosures made to the individual, including disclosures made in response to a request for access or an accounting; (c) Disclosures made with a valid authorization; (d) Disclosures made to DHHS for the purposes of compliance and enforcement of federal regulations under 45 CFR part 160 and required for compliance with 45 CFR part 164; or (e) Uses and disclosures required by law; (5) When requesting protected information about an individual from another entity, the Authority shall limit requests to those that are reasonably necessary to accomplish the purposes for which the request is made. The Authority shall not request a person’s entire medical record unless the Authority can specifically justify the need for the entire medical record. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.505, 192.518 – 192.529, 411.010, 413.032 & 414.065 History: OHA 22-2011, f. & cert. ef. 9-2-11 OHA 8-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-014-0070 De-identification of Client Information and Use of Limited Data Sets under Data Use Agreements (1) The Authority may use and disclose information as appropriate for the work of the Authority, without further restriction, if the Authority or another entity has taken steps to de-identify the information pursuant to 45 CFR part 164.514(a) and (b). (2) The Authority may assign a code or other means of record identification to allow the Authority to re-identify the de-identified information provided that: (a) The code or other means of record identification is not derived from or related to information about the individual and cannot otherwise be translated to identify the individual; and (b) The Authority does not use or disclose the code or other means of record identification for any other purpose, and does not disclose the mechanism for re-identification. (3) The Authority may use and disclose a limited data set if the Authority enters into a data use agreement with an entity requesting or providing the Authority with a limited data set subject to the requirements of 45 CFR part 164.514(e). (a) The Authority may use and disclose a limited data set only for the purposes of research, public health, or health care operations. The Authority may use limited data set for its own activities or operations if the Authority has obtained a limited data set that is subject to a data use agreement. (b) If the Authority knows of a pattern of activity or practice of a limited data set recipient that constitutes a material breach or violation of a data use agreement, the Authority shall take reasonable steps to cure the breach or end the violation. If such steps are unsuccessful, the Authority shall discontinue disclosure of information to the recipient and report the problem to the Secretary of DHHS. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 179.505, 192.518 – 192.529, 411.010, 413.032 & 414.065 History: OHA 22-2011, f. & cert. ef. 9-2-11 OHA 8-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
943-014-0200 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224(4), amending the Oregon Health Authority rule Confidentiality and Mediation Communications 943-014-0200 to adopt by reference the Confidentiality and Inadmissibility of Mediation Communications rule OAR 137-005-0052 adopted by the Attorney General effective as of 10-27-15. Statutory/Other Authority: ORS 36.224, OL 2015 & ch 114 (SB 189) Statutes/Other Implemented: ORS 36.224, 36.228, 36.230, 36.232, OL 2015 & ch 114 (SB 189) History: OHA 1-2017, f. & cert. ef. 5-17-17 OHA 25-2011, f. 10-31-11, cert. ef. 11-1-11 OHA 9-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11