reglab/housing_qa huggingface dataset:
OR Rev Stat § 415.065 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.065 - Petition for in camera hearing on privilege of compliance self-evaluative audit document; hearing on petition; compelled disclosure.

(1) Within 30 days after a district attorney or the Attorney General serves on a coordinated care organization a written request by certified mail for disclosure of a compliance self-evaluative audit document, the coordinated care organization that prepared or caused the document to be prepared may file in circuit court a petition requesting an in camera hearing on whether the compliance self-evaluative audit document or portions of the document are privileged under ORS 415.062 or subject to disclosure. Failure by the coordinated care organization to file a petition waives the privilege only with respect to the specific request. (2) A petition filed by a coordinated care organization under this section must contain the following information: (a) The date of the compliance self-evaluative audit document. (b) The identity of the person that conducted the audit. (c) The general nature of the activities covered by the compliance audit. (d) An identification of the portions of the compliance self-evaluative audit document for which the privilege is being asserted. (3) Within 45 days after the filing of a petition by a coordinated care organization under this section, the court shall schedule an in camera hearing to determine whether the compliance self-evaluative audit document or portions of the document are privileged under ORS 415.062. (4) The court, after an in camera review pursuant to this section, may require disclosure of material for which the privilege established by ORS 415.062 is asserted if the court determines that any of the conditions set forth in ORS 415.064 or 415.066 are met. Upon making such a determination, the court may compel the disclosure of only those portions of a compliance self-evaluative audit document relevant to issues in dispute in the underlying proceeding. Any disclosure that is compelled by the court will not be considered to be a public document or be deemed to be a waiver of the privilege for any other civil, criminal or administrative proceeding. A party unsuccessfully opposing disclosure may apply to the court for an appropriate order protecting the document from further disclosure. (5) A coordinated care organization asserting the privilege established under ORS 415.062 has the burden of establishing that the privilege applies. If the coordinated care organization establishes that the privilege applies, a party seeking disclosure under ORS 415.064 has the burden of proving the elements set forth in ORS 415.064. [2019 c.478 §20]
OR Rev Stat § 415.066 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.066 - Exceptions to privilege of compliance self-evaluative audit document.

The privilege established under ORS 415.062 does not apply to any of the following: (1) Documents, communications, data, reports or other information expressly required to be collected, developed, maintained or reported to the Oregon Health Authority or other regulatory agency under ORS 415.012 to 415.430, rules adopted pursuant to ORS 415.011 or other state or federal law; (2) Information obtained by observation or monitoring by the authority or any regulatory agency; or (3) Information obtained from a source other than the compliance audit. [2019 c.478 §21]
OR Rev Stat § 415.067 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.067 - Other applicable privileges not waived by release of compliance self-evaluative audit document.

Nothing in ORS 415.061 to 415.067, or in the release of any compliance self-evaluative audit document under ORS 415.061 to 415.067, shall limit, waive or abrogate the scope or nature of any statutory or common law privilege or other limitation on admissibility of evidence including, but not limited to, the work product doctrine, the lawyer-client privilege under ORS 40.225 or the subsequent remedial measures exclusion provided by ORS 40.185. [2019 c.478 §22]
OR Rev Stat § 415.101 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.101 - Requests for information.

The Oregon Health Authority may request information from any coordinated care organization or its officers in relation to the activities or condition of the coordinated care organization or any other matter connected with a coordinated care organization’s transactions, and the person of whom the information is requested shall promptly and truthfully reply using the form of communication requested by the authority and verified by an officer of the coordinated care organization, if the authority so requires. A response is subject to the provisions of ORS 415.103. [2019 c.478 §6]
OR Rev Stat § 415.103 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.103 - False or misleading filings prohibited.

A person may not file or cause to be filed with the Oregon Health Authority any article, certificate, report, statement, application or other information required or permitted to be filed under ORS 415.012 to 415.430 or 415.501 or rules adopted pursuant to ORS 415.011, 415.012 to 415.430 or 415.501 that is known by the person to be false or misleading in any material respect. [2019 c.478 §5; 2021 c.615 §13]
OR Rev Stat § 415.105 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.105 - Investigations authorized.

The Oregon Health Authority, whenever the authority deems it advisable in the interest of members of a coordinated care organization or for the public good, shall investigate into the affairs of: (1) A coordinated care organization; (2) A person proposing to form a coordinated care organization; or (3) A person holding the capital stock, membership or other ownership or controlling interest in one or more coordinated care organizations for the purpose of controlling the management of the coordinated care organization as a voting trustee or otherwise. [2019 c.478 §8]
OR Rev Stat § 415.107 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.107 - Examinations and audits.

The Oregon Health Authority shall examine every coordinated care organization, including an audit of the financial affairs of the coordinated care organization, as often as the authority determines an examination to be necessary but at least once every five years. An examination shall be conducted for the purpose of determining the financial condition of the coordinated care organization, its ability to fulfill its obligations and its manner of fulfillment, the nature of its operations and its compliance with ORS 415.012 to 415.430 or rules adopted pursuant to ORS 415.011. The authority may also examine any person holding the capital stock, membership or other ownership or controlling interest in a coordinated care organization for the purpose of controlling the management of the coordinated care organization as a voting trustee or otherwise. [2019 c.478 §7]
OR Rev Stat § 415.109 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.109 - Conduct of examination; access to records; civil penalty.

(1) When the Oregon Health Authority determines that an examination should be conducted, the authority shall appoint one or more examiners to perform the examination and instruct them as to the scope of the examination. The authority may prescribe the examiner handbook and employ other guidelines and procedures that the authority determines to be appropriate. (2) The authority may retain appraisers, independent actuaries, independent certified public accountants or other professionals and specialists in conducting an examination, as needed. The coordinated care organization that is the subject of the examination is responsible for the cost of retaining the professionals and specialists. (3) Upon an examination or investigation of a coordinated care organization, the Oregon Health Authority may examine under oath all persons who may have material information regarding the property or business of the coordinated care organization being examined or investigated. (4) Every person being examined or investigated shall produce all books, records, accounts, papers, documents and computer and other recordings in its possession or control relating to the matter under examination or investigation, including, in the case of an examination, the property, assets, business and affairs of the person. (5) With regard to an examination, the officers, directors and agents of the coordinated care organization being examined shall provide timely, convenient and free access at all reasonable hours at the offices of the coordinated care organization being examined to all books, records, accounts, papers, documents and computer and other recordings. The officers, directors, employees and agents of the person must facilitate the examination. (6) In an investigation or examination of a coordinated care organization’s financial condition, the authority may order a coordinated care organization to produce information the coordinated care organization does not possess but to which the coordinated care organization might have access by reason of a contractual relationship or a statutory obligation or by other means. If the coordinated care organization cannot obtain the information the authority requires, the coordinated care organization shall provide the authority with a detailed explanation of the reason the coordinated care organization cannot obtain the information and shall identify the person that possesses the information. If the authority finds that the coordinated care organization’s explanation is without merit, the authority may impose a civil penalty on the coordinated care organization as provided in rules adopted pursuant to ORS 415.011 (2)(g) or may suspend or revoke the coordinated care organization’s contract. [2019 c.478 §9]
OR Rev Stat § 415.111 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.111 - Report of examination; opportunity to respond.

(1) Not later than the 60th day after an examination is completed, the examiner in charge of the examination shall submit to the Oregon Health Authority a full and true report of the examination, verified by the oath of the examiner. The report shall comprise only facts appearing upon the books, papers, records, accounts, documents or computers and other recordings of the coordinated care organization, its agents or other persons being examined or facts ascertained from testimony of individuals concerning the affairs of the coordinated care organization, together with such conclusions and recommendations as reasonably may be warranted from the facts. (2) The authority shall make a copy of the report submitted under subsection (1) of this section available to the coordinated care organization that is the subject of the examination and shall give the coordinated care organization an opportunity to review and comment on the report. The authority may request additional information or meet with the coordinated care organization for the purpose of resolving questions or obtaining additional information and may direct the examiner to consider the additional information for inclusion in the report. (3) Before the authority files the examination report as a final examination report or makes the report or any matters relating to it public, the coordinated care organization being examined shall have an opportunity for a hearing. A copy of the report must be mailed by certified mail to the coordinated care organization being examined. The coordinated care organization may request a hearing not later than the 30th day after the date on which the report was mailed. This subsection does not prohibit the authority from disclosing a final examination report as provided in subsection (5) of this section. (4) The authority shall consider comments presented at a hearing requested under subsection (3) of this section and may direct the examiner to consider the comments or direct that the comments be included in documentation relating to the report, although not as part of the report itself. The authority may file the report as a final examination report at any time after consideration of the comments or at any time after the period for requesting a hearing has passed if a hearing is not requested. (5) A report filed as a final examination report is subject to public inspection. The authority, after filing any report, if the authority considers it to be in the public interest, may publish any report or the result of any examination contained in the report without expense to the person examined. [2019 c.478 §10]
OR Rev Stat § 415.115 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.115 - Annual audits; rules.

(1) A coordinated care organization shall have an annual audit conducted by an independent certified public accountant and shall file an audited financial report annually with the Oregon Health Authority by June 30 following the end of the period to which the report applies. The annual audited financial report shall disclose: (a) The financial position of the coordinated care organization as of the end of the most recent calendar year; and (b) The results of the coordinated care organization’s operations, cash flows and changes in capital, surplus and reserves for the year just ended. (2) The authority shall adopt the following rules as needed for carrying out the requirements of this section prescribing the: (a) Required contents and format of the audited financial report. (b) Requirements for filing the report. (c) Requirements applicable to qualifications and designation of certified public accountants for purposes of audits under this section, which may include limitations on length of service for certified public accountants and may permit recognition of accountants comparably qualified under the laws of another country. (d) Requirements applicable to evaluation of the accounting procedures of a coordinated care organization and its system of internal control by a certified public accountant. (e) Standards governing the scope and preparation of the audit. (f) Requirements and procedures relating to the reporting of the adverse financial condition of a coordinated care organization by a certified public accountant. (g) Requirements and procedures relating to the reporting of significant deficiencies for internal controls of a coordinated care organization. (h) Exemptions. (i) Any other matter that the authority determines to be needed for preparation of or inclusion in the financial report. [2019 c.478 §11]
OR Rev Stat § 415.119 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.119 - Immunity from suit arising out of investigation, examination or provision or dissemination of information; attorney fees to prevailing party authorized.

(1) Except in the case of malfeasance in office or willful or wanton neglect of duty, a cause of action does not arise and liability may not be imposed against the Oregon Health Authority, an authorized representative of the authority or any examiner appointed by the authority for: (a) Any statements made or conduct performed in good faith pursuant to an examination or investigation. (b) The authority’s collection, review, analysis or dissemination of the data and information collected from the filings required by rules adopted pursuant to ORS 415.012 to 415.430 or rules adopted pursuant to ORS 415.011. (2) A cause of action does not arise and liability may not be imposed against any person for communicating or delivering information or data to the authority or an authorized representative of the authority or examiner pursuant to an examination or investigation if the communication or delivery was performed in good faith and without fraudulent intent or an intent to deceive. (3) This section does not abrogate or modify in any way any common law or statutory privilege or immunity otherwise enjoyed by any person to which subsection (1) or (2) of this section applies. (4) The court may award reasonable attorney fees to the prevailing party in a cause of action arising out of activities of the authority or an examiner in carrying out an examination or investigation. [2019 c.478 §13]
OR Rev Stat § 415.203 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.203 - Opportunity to cure impairment of required capitalization.

(1) Whenever the Oregon Health Authority determines from any showing or statement made to the authority from any examination made by the authority that the assets of a coordinated care organization are less than its liabilities plus required capitalization, the authority may: (a) Proceed immediately to petition for an order of rehabilitation or liquidation or to commence a delinquency proceeding; or (b) Allow the coordinated care organization a period of time, not to exceed 90 days, in which to make good the amount of the impairment with cash or authorized investments. (2) If the amount of the impairment is not made good within the time prescribed by the authority under subsection (1) of this section, the authority shall proceed to petition for an order of rehabilitation or liquidation or to commence a delinquency proceeding. (3) An order directing a coordinated care organization to cure an impairment is confidential for such time as the authority considers proper but not exceeding the time prescribed by the authority for making the amount of the impairment good. If the authority determines that the public interest in disclosure outweighs the public interest in protecting or salvaging the solvency of the coordinated care organization, the authority may make the order available for public inspection. [2019 c.478 §26]
OR Rev Stat § 415.205 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.205 - Period of supervision; cause of action for violation of order of supervision.

(1) A coordinated care organization placed under supervision must correct, eliminate or remedy the acts, transactions or practices that are the basis for the order of supervision and otherwise comply with the requirements of the Oregon Health Authority within the period of time allowed by the authority, not to exceed 60 days, after the date on which the order is served on the coordinated care organization. (2) If the authority determines that the conditions giving rise to the supervision still exist at the end of the supervision period established in subsection (1) of this section, the authority may extend the period. (3) During the period of supervision of a coordinated care organization, the authority may institute rehabilitation or liquidation proceedings, extend the period of supervision or take any other action authorized by law. (4) The authority or supervisor on behalf of a coordinated care organization under supervision may bring an action for damages against any person who violates any order of the authority under ORS 415.204 if the violation reduces the net worth of the coordinated care organization or results in loss to the coordinated care organization that the coordinated care organization would not have suffered otherwise. The authority or supervisor may recover damages to the extent of the reduction or loss. [2019 c.478 §25] Note: Definitions in 734.014 relating to delinquency proceedings may apply to 415.012 to 415.430. See 415.011 (2)(ee).
OR Rev Stat § 415.251 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.251 - Jurisdiction of delinquency proceedings.

(1) The circuit court shall have original jurisdiction of delinquency proceedings, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of ORS 415.203 to 415.430. (2) The venue of delinquency proceedings and proceedings under ORS 415.203 to 415.430 against a coordinated care organization shall be in the Circuit Court for Marion County. (3) At any time after the commencement of a delinquency proceeding or a proceeding under ORS 415.203 to 415.430, the court may issue an order changing the venue of the proceeding on motion of the Oregon Health Authority or other interested person if the court finds the proceedings may be more economically and efficiently conducted thereby. [2019 c.478 §32]
OR Rev Stat § 415.252 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.252 - Exclusive remedy.

(1) Delinquency proceedings constitute the sole and exclusive method of rehabilitating, liquidating or conserving a coordinated care organization, and a court may not entertain a petition for the commencement of such proceedings, or any other similar procedure, unless the Oregon Health Authority has filed such a petition in the name of the state. (2) A coordinated care organization shall appeal an order granting or refusing rehabilitation, liquidation or conservation and every order in delinquency proceedings that has the character of a final order to the Court of Appeals. [2019 c.478 §33]
OR Rev Stat § 415.253 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.253 - Oregon Receivership Code inapplicable.

Notwithstanding ORS 37.040, the Oregon Receivership Code does not apply to delinquency proceedings under ORS 415.203 to 415.430. [2019 c.478 §48]
OR Rev Stat § 415.261 (2021)
2021 Oregon Revised Statutes|Volume : 11 - Juvenile Code, Human Services|Chapter 415 - Regulation of Health Care Entities|Section 415.261 - Petition for delinquency proceeding.

(1) The Oregon Health Authority shall commence a delinquency proceeding by an application to the court for an order directing the coordinated care organization to show cause why the authority should not have the relief prayed for. (2) The application shall be by petition, verified by the authority, setting forth the ground or grounds for the proceeding and the relief demanded. (3) If the court is satisfied from reading the authority’s petition that the facts alleged, if established, would constitute grounds for a delinquency proceeding, the court shall issue an order to the coordinated care organization to show cause. (4) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the members of the coordinated care organization or the public may require. (5) After commencement of a delinquency proceeding by the authority, the court may make any further orders necessary in response to the application of any interested person. [2019 c.478 §34]