reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.740 - Powers of director over action under cooperative program.

(1) During the review of the annual report described in ORS 442.730, after receiving a complaint under ORS 442.735, or on the director’s own initiative, the Director of the Oregon Health Authority may take one or more of the following actions:
(a) If the director determines that a particular decision or action is not in accordance with the order, or that the parties are engaging in anticompetitive activity not permitted by the order, the director may direct the board of governors to identify and implement corrective action to insure compliance with the order or may modify the order.
(b) If the director determines that the cooperative program is engaging in unlawful activity not permitted by the order or is not complying with the directive given under paragraph (a) of this subsection, the director may serve on the cooperative program a proposed order directing the cooperative program to:
(A) Conform with the directive under paragraph (a) of this subsection; or
(B) Cease and desist from engaging in the activity.
(2) The cooperative program shall have up to 30 days to comply with a proposed order under subsection (1)(b) of this section unless the board of governors demonstrates additional time is needed for compliance.
(3) If the director determines that the participants in the cooperative program are in substantial noncompliance with the cease and desist directive, the director may seek an appropriate injunction in the circuit courts of Marion or Multnomah Counties.
(4) If the director determines that a sufficient number of the goals set forth in ORS 442.705 (2) are not being achieved or that the cooperative program is engaging in activity not permitted by the order, the director may suspend or terminate approval for all or part of the activities approved and permitted by the order.
(5) A proposed order to be entered under subsection (1)(b) or (4) of this section may be served upon the cooperative program without prior notice. The cooperative program may contest the proposed order by filing a written request for a contested case hearing with the director not later than 20 days following the date of the proposed order. The proposed order shall become final if no request for a hearing is received. Unless inconsistent with this subsection, the provisions of ORS chapter 183, as applicable, shall govern the hearing procedure and any judicial review.
(6) The only effect of an order suspending or terminating approval under ORS 442.700 to 442.760 shall be to withdraw the immunities granted under ORS 442.715 (3) for anticompetitive activity permitted by the order and taken after the effective date of the order. [1993 c.769 §9; 2009 c.595 §762]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.745 - Disclosure of confidential information not waiver of right to protect information.

If parties to a cooperative program agreement provide the Director of the Oregon Health Authority with written or oral information that is confidential or otherwise protected from disclosure under Oregon law, the disclosures shall not be considered a waiver of any right to protect the information from disclosure in other proceedings. [1993 c.769 §10; 2009 c.595 §763]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.750 - Status of actions under cooperative program; effect on other liability.

(1) Notwithstanding the provisions of ORS 646.705 to 646.836:
(a) A cooperative program for which approval has been granted under ORS 442.700 to 442.760 and 646.740 is a lawful program to the extent it engages in activities permitted by the order and supervised by the Director of the Oregon Health Authority and is in compliance with the order; and
(b) If the parties to a cooperative program apply to the director as provided in ORS 442.710, the conduct of the parties and all other participants in negotiating or entering into a cooperative program is lawful conduct.
(2) Subsection (1)(b) of this section does not apply to persons negotiating a cooperative program if it can be demonstrated, by a preponderance of the evidence, that the persons do not or did not intend to enter into a cooperative agreement.
(3) Nothing in ORS 442.700 to 442.760 and 646.740 shall be construed to immunize any person from liability or impose liability where none would otherwise exist under federal or state antitrust laws for conduct in negotiating and entering into a cooperative program for which no application was filed with the director. [1993 c.769 §11; 2009 c.595 §764]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.755 - Rules; costs; fees.

(1) The Director of the Oregon Health Authority shall adopt rules as may be necessary to carry out the provisions of ORS 442.700 to 442.760.
(2) The costs of program approval and supervision shall be paid by the parties to a cooperative program agreement and the director shall set fees for application, annual review and supervision as necessary to fund the director’s supervision of the program. [1993 c.769 §12; 2009 c.595 §765]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.760 - Status to contest order.

Notwithstanding the provisions of ORS 183.310 (7) and 183.480, only a party to a cooperative program agreement or the Director of the Oregon Health Authority shall be entitled to a contested case hearing or judicial review of an order issued pursuant to ORS 442.700 to 442.760 and 646.740. [1993 c.769 §13; 2003 c.75 §92; 2009 c.595 §766]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.820 - Oregon Patient Safety Commission.

(1) The Oregon Patient Safety Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers.
(2) The mission of the commission is to improve patient safety by reducing the risk of adverse events occurring in Oregon’s health care system and by encouraging a culture of patient safety in Oregon. To accomplish this mission, the commission shall:
(a) Establish a confidential, voluntary serious adverse event reporting system to learn from adverse events;
(b) Share quality improvement techniques to reduce systems’ errors contributing to adverse events; and
(c) Disseminate evidence-based prevention practices to improve patient safety.
(3) ORS 192.311 to 192.478 do not apply to public records created or maintained by the commission that contain patient safety data or to reports obtained by the program.
(4) ORS 192.610 to 192.705 do not apply to portions of a meeting of the Oregon Patient Safety Commission Board of Directors, or subcommittees or advisory committees established by the board, to consider information that identifies a participant or patient and the written minutes of that portion of the meeting.
(5) Notwithstanding ORS 182.460, ORS 293.250 applies to the commission for the purpose of collecting unpaid fees established under ORS 442.850 that are owed to the commission and are past due. [2003 c.686 §2; 2009 c.436 §4; 2023 c.89 §2]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.825 - Funds received by commission.

The Oregon Patient Safety Commission may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions not inconsistent with the purposes of the commission. All funds received by the commission shall be deposited in the account established pursuant to ORS 182.470. The commission may apply for grants and foundation support and may compete for contracts consistent with the mission and goals of the commission. [2003 c.686 §3]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.831 - Powers of board relating to Oregon Patient Safety Reporting Program; rules; confidentiality of patient safety data.

(1) Except as otherwise provided in ORS 442.819 to 442.851, the Oregon Patient Safety Commission Board of Directors, or officials of the Oregon Patient Safety Commission acting under the authority of the board, shall exercise all the powers of the commission and shall govern the commission. The board shall adopt rules necessary for the implementation of the Oregon Patient Safety Reporting Program, including but not limited to:
(a) Developing a list of objective and definable adverse events to be reported by participants. In developing this list, the board shall consider similar lists developed in other states and nationally. The board may change the list from time to time.
(b) Developing a budget.
(c) Establishing a process to seek grants and other funding from federal and other sources.
(d) Establishing a method to determine participant fees, if necessary.
(e) Establishing auditing and oversight procedures, including a process to:
(A) Evaluate the effectiveness of the patient safety reporting program in advancing the mission of the commission described in ORS 442.820 (2);
(B) Update, as needed, the list of adverse events developed under paragraph (a) of this subsection; and
(C) Obtain certification by the Public Health Officer that the commission is administering the patient safety reporting program consistent with the mission described in ORS 442.820 (2) and the requirements of this section.
(2) The board may not use or disclose patient safety data reported, collected or developed pursuant to ORS 442.819 to 442.851 for purposes of any enforcement or regulatory action in relation to a participant.
(3) The board shall maintain the confidentiality of all patient safety data that identifies or could be reasonably used to identify a participant or an individual who is receiving or has received health care from the participant. [2003 c.686 §9; 2011 c.30 §3; 2023 c.89 §4]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.835 - Appointment of administrator.

The Oregon Patient Safety Commission Board of Directors shall appoint an administrator of the Oregon Patient Safety Commission. Subject to the supervision of the board, the administrator has authority to direct the affairs of the commission. The administrator may not be a voting member of the board. [2003 c.686 §11]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.839 - Commission as central patient safety organization.

(1) The Oregon Patient Safety Commission is the central agency in Oregon responsible for the collection of data and analyses produced by all entities in Oregon that are certified by the United States Department of Health and Human Services under 42 U.S.C. 299b-24 as patient safety organizations.
(2) The commission shall incorporate the data and analyses collected under this section in the preparation of reports required by ORS 442.837. [2009 c.436 §2]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.844 - Patient safety data; use; disclosure.

(1) Patient safety data reported to the Oregon Patient Safety Commission may not be disclosed to, subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participant.
(2) Nothing in ORS 442.819 to 442.851 may be construed to limit the regulatory or enforcement authority of any state agency and, except for patient safety data, state agencies have the same authority to access participant records or other information in the same manner and to the same extent as if ORS 442.819 to 442.851 were not enacted.
(3) As used in this section, "state agency" has the meaning given that term in ORS 183.750. [2003 c.686 §5; 2023 c.89 §7]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.850 - Fees.

The Oregon Patient Safety Commission may assess fees on the entities described in ORS 442.837 (2)(a) to (f) as determined by the Oregon Patient Safety Commission Board of Directors to fund the operating costs of the Oregon Patient Safety Reporting Program. [2003 c.686 §6; 2007 c.476 §2]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.851 - Limit on amounts collected to fund Oregon Patient Safety Reporting Program.

(1) Amounts collected by the Oregon Patient Safety Commission under ORS 442.850 may not exceed $1.5 million for the fiscal year beginning on July 1, 2007, and ending on June 30, 2008.
(2) For every fiscal year beginning on or after July 1, 2008, the dollar amount specified in subsection (1) of this section shall be adjusted annually by the commission based upon the change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. [2007 c.476 §3; 2019 c.57 §20]
Note:
See note under 442.819.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.853 - Legislative findings.

The Legislative Assembly finds that Oregonians should be free from infections acquired during the delivery of health care. Action taken in this state to prevent health care acquired infections should be trustworthy, effective, transparent and reliable. [2007 c.838 §1]
Note:
442.853 to 442.856 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.854 - Definitions.

As used in ORS 442.853 to 442.856:
(1) "Health care facility" has the meaning given that term in ORS 442.015.
(2) "Health care acquired infection" means a localized or systemic condition that:
(a) Results from an adverse reaction to the presence of an infectious agent or its toxin; and
(b) Was not present or incubating at the time of admission to the health care facility.
(3) "Risk-adjusted methodology" means a standardized method used to ensure that intrinsic and extrinsic risk factors for a health care acquired infection are considered in the calculation of health care acquired infection rates. [2007 c.838 §2]
Note:
See note under 442.853.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.855 - Oregon Health Care Acquired Infection Reporting Program established; rules.

(1) There is established in the Oregon Health Authority the Oregon Health Care Acquired Infection Reporting Program. The program shall:
(a) Provide useful and credible infection measures, specific to each health care facility, to consumers;
(b) Promote quality improvement in health care facilities; and
(c) Utilize existing quality improvement efforts to the extent practicable.
(2) The authority shall adopt rules to:
(a) Require health care facilities to report to the authority health care acquired infection measures, including health care acquired infection rates;
(b) Specify the health care acquired infection measures that health care facilities must report; and
(c) Prescribe the form, manner and frequency of reports of health care acquired infection measures by health care facilities.
(3) In prescribing the form, manner and frequency of reports of health care acquired infection measures by health care facilities, to the extent practicable and appropriate to avoid unnecessary duplication of reporting by facilities, the authority shall align the requirements with the requirements for health care facilities to report similar data to the Department of Human Services and to the Centers for Medicare and Medicaid Services.
(4) The authority shall utilize, to the extent practicable and appropriate, a credible and reliable risk-adjusted methodology in analyzing the health care acquired infection measures reported by health care facilities.
(5) The authority shall provide health care acquired infection measures and related information to health care facilities in a manner that promotes quality improvement in the health care facilities.
(6) The authority may adopt rules prescribing the form, manner and frequency for public disclosure of reported health care acquired infection measures.
(7) Individually identifiable health information submitted to the authority by health care facilities pursuant to this section may not be disclosed to, made subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participating health care facility. [2007 c.838 §3; 2009 c.595 §1157; 2013 c.61 §6; 2017 c.101 §47]
Note:
See note under 442.853.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.860 - Comprehensive system of maternity care.

The Legislative Assembly finds and declares that:
(1) Maternity care is the cornerstone of health care delivery in the state. It provides a proven, cost-effective foundation for improving the health of all Oregonians, and a healthy start in life allows our future citizens to achieve their full potential.
(2) Although great strides have been made to improve maternity care, barriers continue to exist as indicated by high rates of inadequate prenatal care and lack of coordination between prenatal and delivery services.
(3) Individual communities have unique combinations of barriers and resources. Therefore, planning and solutions must be developed at the local level whenever possible, with the state providing guidelines, standards and support.
(4) Local resources are strained and communities need a structure and technical assistance to assure development of access to a coordinated system of maternity care.
(5) There is a need for a system to assure coordination of all maternity service providers to develop a comprehensive service system for Oregon that addresses all barriers to guide the state’s action in this area.
(6)(a) Therefore, it is the intent of this state that there shall be a comprehensive system of maternity care based on the plan that includes prenatal, delivery and postpartum care and that meets the unique needs of the individual pregnant woman, available to all pregnant women in this state.
(b) As used in this subsection, "plan" means the Maternity Care Access Planning Commission’s comprehensive statewide plan for a maternity care system dated March 1993 and titled "Comprehensive Perinatal Health Services: A Strategy Toward Universal Access to Care in Oregon." [Formerly 442.600]
Note:
442.860 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.870 - Emergency Medical Services Enhancement Account; distribution of moneys in account.

(1) The Emergency Medical Services Enhancement Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall accrue to the account. All moneys deposited in the account are continuously appropriated to the Department of Revenue for the purposes of this section.
(2) The Department of Revenue shall distribute moneys in the Emergency Medical Services Enhancement Account in the following manner:
(a) 35 percent of the moneys in the account shall be transferred to the Office of Rural Health established under ORS 442.475 for the purpose of enhancing emergency medical services in rural areas as specified in ORS 442.507.
(b) 25 percent of the moneys in the account shall be transferred to the Emergency Medical Services and Trauma Systems Program established under ORS 431A.085.
(c) 35 percent of the moneys in the account shall be transferred to the Area Health Education Center program established under ORS 353.450.
(d) 5 percent of the moneys in the account shall be transferred to the Oregon Poison Center referred to in ORS 431A.313. [Formerly 442.625]
Note:
442.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.991 - Civil penalties for failure to report proposed capital projects.

(1) Any reporting entity that fails to report as required by rules of the Oregon Health Authority adopted pursuant to ORS 442.362 may be subject to a civil penalty.
(2) The authority shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on the severity of the violation.
(3) Civil penalties imposed under this section shall be imposed as provided in ORS 183.745.
(4) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety.
(5) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. [2009 c.595 §1199; 2015 c.318 §38]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.993 - Civil penalties for failure to report health care data.

(1) The Oregon Health Authority shall adopt a schedule of civil penalties not to exceed $500 per day of violation, determined by the severity of the violation, for:
(a) Any reporting entity that fails to report as required by ORS 442.373 or rules adopted by the authority.
(b) Any provider or payer that fails to report cost growth data or to develop and implement a performance improvement plan if required by ORS 442.386 or rules adopted by the authority.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety.
(4) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer.
(5) Moneys collected from providers and payers described in subsection (1)(b) of this section shall be deposited in the Oregon Health Authority Fund established by ORS 413.101 and used by the authority to support programs that expand access to health care and that support populations adversely affected by high health care costs. [2009 c.595 §1202; 2015 c.318 §39; 2015 c.845 §2; 2021 c.51 §6]
Note:
442.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.994 - Civil penalty for failure to perform.

(1) Any health care facility that fails to perform as required in ORS 442.602 and 442.400 to 442.463 or 442.855, and rules of the Oregon Health Authority may be subject to a civil penalty.
(2) The Oregon Health Authority shall adopt a schedule of penalties not to exceed $500 per day of violation, determined by the severity of the violation.
(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the authority considers proper and consistent with the public health and safety.
(5) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. [Formerly 442.445]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.001 - Quality Care Fund; rules.

The Quality Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Quality Care Fund shall be credited to the Quality Care Fund. Moneys in the fund are continuously appropriated to the Department of Human Services and the Oregon Health Authority for:
(1) Training, technical assistance, quality improvement initiatives and licensing activities to ensure that high standards for quality of care are met in accordance with rules adopted with respect to:
(a) A long term care facility as defined in ORS 442.015;
(b) A residential facility as defined in ORS 443.400, including but not limited to an assisted living facility; and
(c) An adult foster home as defined in ORS 443.705; and
(2) Administering the Senior Emergency Medical Services Innovation Program established in section 1, chapter 616, Oregon Laws 2021. [2009 c.837 §1; 2009 c.828 §78; 2021 c.616 §3]
Note:
The amendments to 443.001 by section 4, chapter 616, Oregon Laws 2021, become operative January 2, 2027. See section 5, chapter 616, Oregon Laws 2021. The text that is operative on and after January 2, 2027, is set forth for the user’s convenience.
The Quality Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Quality Care Fund shall be credited to the Quality Care Fund. Moneys in the fund are continuously appropriated to the Department of Human Services and the Oregon Health Authority for training, technical assistance, quality improvement initiatives and licensing activities to ensure that high standards for quality of care are met in accordance with rules adopted with respect to:
(1) A long term care facility as defined in ORS 442.015;
(2) A residential facility as defined in ORS 443.400, including but not limited to an assisted living facility; and
(3) An adult foster home as defined in ORS 443.705.
Note:
443.001 to 443.012 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.002 - Providers with multiple facilities.

(1) As used in this section:
(a) "Facility" means:
(A) A residential training facility as defined in ORS 443.400;
(B) A residential training home as defined in ORS 443.400;
(C) A residential treatment facility as defined in ORS 443.400;
(D) A residential treatment home as defined in ORS 443.400; or
(E) An adult foster home as defined in ORS 443.705.
(b) "Provider" means a person licensed or a person applying for a license to operate a facility.
(2) The Department of Human Services or the Oregon Health Authority may deny, suspend, revoke or refuse to renew a license of a provider if the department or authority finds that the provider operates a separate facility that is not or has not been in substantial compliance with rules adopted under ORS 443.400 to 443.455 or 443.705 to 443.825. [2009 c.418 §1; 2009 c.828 §30]
Note:
See second note under 443.001.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.005

[1977 c.738 §1; 1979 c.209 §1; 1981 c.415 §1; 2003 c.57 §1; 2009 c.595 §769; 2009 c.792 §14; 2011 c.70 §10; 2015 c.736 §90; renumbered 443.014 in 2015]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.006 - Criminal background check registry; rules.

(1) As used in this section:
(a) "Care" has the meaning given that term in ORS 181A.200.
(b) "Facility" means:
(A) A long term care facility as defined in ORS 442.015;
(B) A residential care facility as defined in ORS 443.400, including but not limited to an assisted living facility; and
(C) An adult foster home as defined in ORS 443.705.
(c) "Home care worker" has the meaning given that term in ORS 410.600.
(d) "Personal support worker" has the meaning given that term in ORS 410.600.
(2) The Department of Human Services shall augment the department’s existing criminal background check system with a regularly updated registry of all persons who work or are seeking to work to provide care.
(3) The department shall adopt rules designating the persons who may be listed on the registry. The registry must list persons who work or are seeking to work to provide care:
(a) In a facility; or
(b) As a home care worker or personal support worker.
(4) The department shall adopt rules establishing:
(a) The information that must be reported by facilities;
(b) The form and frequency of reporting by facilities;
(c) Procedures and standards for the administration of the registry; and
(d) Guidelines and procedures for requests for and release of information from the registry. [2014 c.104 §6; 2017 c.239 §1; 2018 c.75 §25]
Note:
See second note under 443.001.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.007 - Disqualification of individuals found to have committed abuse; rules.

(1) As used in this section:
(a) "Abuse" has the meaning given that term in ORS 430.735.
(b) "Facility" means:
(A) A residential training facility as defined in ORS 443.400; or
(B) A residential training home as defined in ORS 443.400.
(c) "Subject individual" has the meaning given that term in ORS 181A.195.
(2) The Department of Human Services shall adopt rules to specify the types of abuse that disqualify a subject individual from working at a facility and the subject individuals associated with a facility to whom the disqualification may apply.
(3) Notwithstanding any other provision of law, if the department substantiates allegations of abuse specified under subsection (2) of this section, the subject individual found to have committed the abuse may not be hired or retained as an employee at a facility in a position that is funded in whole or in part by public funds.
(4) A subject individual found to have committed a type of abuse specified by the department under subsection (2) of this section is not entitled to a fitness determination under ORS 181A.195. [2017 c.378 §1]
Note:
See second note under 443.001.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.008 - Fitness determinations; rules.

(1) As used in this section:
(a) "Direct care services" means services provided to clients of the Department of Human Services or the Oregon Health Authority by:
(A) An adult foster home, as defined in ORS 443.705;
(B) A home care worker, as defined in ORS 410.600;
(C) A residential facility, as defined in ORS 443.400; or
(D) A service provider as defined in ORS 427.101.
(b) "Fitness determination" means the evaluation of whether a subject individual or other individual providing direct care services is fit to hold a position, provide direct care services or be granted a license, certification, registration or permit to provide direct care services.
(c) "Qualified entity" has the meaning given that term in ORS 181A.190.
(d) "Subject individual" means a person who is:
(A) Employed by or who seeks to be employed by the authority or the department;
(B) A volunteer or who seeks to be a volunteer to provide care on behalf of the authority or the department; or
(C) Providing care or who seeks to provide care on behalf of the authority or the department.
(2) The department and the authority shall prescribe by rule the criteria to be considered in making fitness determination findings of abuse that are substantiated. The criteria must include the types of substantiated abuse for which a subject individual may be found to be unfit and conditions, if any, for the reinstatement of a subject individual who is found to be unfit.
(3) A subject individual who is found to be unfit is entitled to challenge the fitness determination in a contested case hearing conducted in accordance with ORS chapter 183. The subject individual may not challenge a finding of substantiated abuse or criminal conviction that was the basis for the fitness determination but may contest the weight accorded the evidence, mitigating factors or other aspects of the evaluation. The individual may be represented by an attorney or other person or, if the individual is a member of a bargaining unit, by the certified or recognized exclusive representative for the bargaining unit.
(4) This section applies to fitness determinations for providers of direct care services conducted under ORS 181A.195 (10) or 443.004 (7). [2019 c.517 §1; 2021 c.97 §59]
Note:
See second note under 443.001.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.011 - Training requirements for in-home care service providers; rules.

(1) The Oregon Health Authority shall establish by rule training requirements that must be met before an individual may be permitted to provide in-home care services, as defined in ORS 443.305. The training requirements must include a minimum number of hours of orientation and assessment of competency. The minimum number of hours may be greater for an individual who will be providing enhanced care and services, such as medication management.
(2) Except as provided in subsection (3) of this section, the training requirements apply to any individual who is not licensed or certified to provide health care in this state and who provides in-home care services as an employee or contractor of a licensed:
(a) In-home care agency as defined in ORS 443.305;
(b) Home health agency as defined in ORS 443.014; or
(c) Hospital as defined in ORS 442.015.
(3) The training requirements shall not apply to an individual providing personal care services that are incidental to the provision of home health care or hospital services. [2019 c.680 §1]
Note:
See second note under 443.001.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.014 - Definitions for ORS 443.014 to 443.105.

As used in ORS 443.014 to 443.105:
(1) "Caregiver registry" means a person that prequalifies, establishes and maintains a roster of qualified private contractor caregivers that is provided to a client or the client’s representative for consideration in the hiring of an individual to provide caregiver services within the client’s place of residence.
(2) "Home health agency" means a public or private agency providing coordinated home health services on a home visiting basis. "Home health agency" does not include:
(a) Any visiting nurse service or home health service conducted by and for those who rely upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a recognized church or religious denomination.
(b) Those home health services offered by local health departments outside, and in addition to, programs formally designated and funded as home health agencies.
(3) "Home health services" means items and services furnished to an individual by a home health agency, or by others under arrangements with such agency, on a visiting basis, in a place of temporary or permanent residence used as the individual’s home for the purpose of maintaining that individual at home. [Formerly 443.005]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.015 - License required; renewal, transferability of license.

A person may not establish a home health agency or organization providing home health services for compensation, or purport to manage or operate a home health agency or organization, without first obtaining a license from the Oregon Health Authority. The license shall be renewable annually and is not transferable. [1977 c.738 §2; 2003 c.14 §259; 2009 c.595 §770; 2009 c.792 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.019 - Requirement for in-person site inspection.

(1) The Oregon Health Authority shall conduct an in-person site inspection of a home health agency and a caregiver registry prior to licensure and at least once every three years thereafter.
(2) In lieu of an in-person site inspection, the authority may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority that the state licensing standards have been met, if:
(a) The certification or accreditation is recognized by the authority as addressing the standards and conditions of participation requirements of the Centers for Medicare and Medicaid Services and any additional standards set by the authority;
(b) The agency or registry notifies the authority to participate in any exit interview conducted by the federal agency or accrediting body; and
(c) The agency or registry provides copies of all documentation concerning the certification or accreditation requested by the authority. [2009 c.792 §18; 2009 c.792 §66; 2011 c.70 §11; 2021 c.338 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.025 - Hospitals exempt from certain requirements if standards are met.

A hospital licensed under ORS 441.015 may provide home health services without maintaining a separate governing body and administrative staff so long as the services provided meet the requirements of ORS 443.014 to 443.105 and the hospital pays the home health licensing fee under ORS 443.035. [1977 c.738 §7; 1995 c.449 §3; 2009 c.792 §15a]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.035 - License fees; renewal; disposition of funds.

(1) The Oregon Health Authority may grant a license to a home health agency or caregiver registry for a calendar year, may annually renew a license and may allow for a change of ownership, upon payment of a fee as follows:
(a) $4,000 for a new home health agency license.
(b) $2,125 for a renewal of a home health agency license.
(c) $1,250 for a change of ownership of a home health agency at a time other than the annual renewal date.
(d)(A) $1,500 for a new caregiver registry license; and
(B) $750 for each subunit of a newly licensed caregiver registry.
(e)(A) $750 for a renewal of a caregiver registry license; and
(B) $750 for each subunit of a caregiver registry described in subparagraph (A) of this paragraph.
(f)(A) $350 for a change of ownership of a caregiver registry at a time other than the annual renewal date; and
(B) $350 for each subunit of a caregiver registry described in subparagraph (A) of this paragraph.
(2) Notwithstanding subsection (1)(c) or (f) of this section, the fee for a change in ownership shall be $100 if a change in ownership does not involve:
(a) The majority owner or partner; or
(b) The administrator operating the agency or registry.
(3) All fees received pursuant to subsection (1) of this section shall be paid over to the State Treasurer and credited to the Public Health Account. Such moneys are appropriated continuously to the Oregon Health Authority for the administration of ORS 443.014 to 443.105. [1977 c.738 §8; 1995 c.449 §4; 2005 c.22 §302; 2007 c.71 §131; 2009 c.595 §771; 2009 c.792 §16; 2011 c.70 §12; 2019 c.456 §6; 2021 c.447 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.045 - Denial, suspension and revocation of licenses; penalties.

(1) The Oregon Health Authority may deny, suspend or revoke the license of, or assess a civil penalty against, any individual, home health agency or caregiver registry for failure to comply with ORS 443.004 or 443.014 to 443.105, or with the rules of the authority as authorized by ORS 443.085.
(2) License denials, suspensions and revocations, assessment of civil penalties, adoption of rules and judicial review thereof shall be in accordance with ORS chapter 183.
(3) A civil penalty imposed under this section may not exceed $1,000 per violation and may not total more than $2,000.
(4) All civil penalties recovered under this section shall be paid into the State Treasury and credited to the Oregon Health Authority Fund. Moneys credited to the fund under this section are continuously appropriated to the authority for the administration of ORS 443.014 to 443.105 and 443.305 to 443.350. [1977 c.738 §9; 2009 c.595 §772; 2009 c.792 §69; 2009 c.828 §86; 2011 c.70 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.055 - Governing body of home health agencies.

A home health agency shall have an organized governing body, or, if a subdivision of a public or private agency or a multifunction organization, a clearly defined local body having responsibility for the conduct of the home health agency. Where the governing body is functionally remote from the operation of the home health agency, the Oregon Health Authority may approve the designation of an appropriate part of the organization as the governing body. [1977 c.738 §3; 2009 c.595 §773]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.065 - General requirements for home health agencies.

A home health agency licensed in this state shall:
(1) Be primarily engaged in providing skilled nursing services and at least one other service delineated in ORS 443.075 (1)(b) and (c);
(2) Have policies established by professional personnel associated with the agency or organization, including one or more physicians or naturopathic physicians and one or more registered nurses, at least two of whom are neither owners nor employees of the agency, and two consumers, to govern the services that it provides;
(3) Require supervision of services that it provides under subsection (1) of this section by a physician, physician assistant, nurse practitioner, naturopathic physician or registered nurse, preferably a public health nurse;
(4) Ensure that in-home care services, as defined in ORS 443.305, that it provides in addition to skilled nursing services are provided by individuals who meet the training requirements established by the Oregon Health Authority under ORS 443.011, if applicable;
(5) Maintain clinical and financial records on all patients; and
(6) Have an overall plan and budget in effect. [1977 c.738 §4; 1981 c.415 §2; 2001 c.346 §1; 2013 c.1 §66; 2013 c.61 §3; 2014 c.45 §61; 2017 c.356 §70; 2019 c.680 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.075 - Services and supplies prescribed by physician, naturopathic physician, physician assistant or nurse practitioner.

(1) A home health agency must have an order for treatment, plan of treatment or plan of care from a physician, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 for the following services and supplies:
(a) Home nursing care provided by or under the supervision of a registered nurse;
(b) Physical, occupational or speech therapy, medical social services or other therapeutic services;
(c) Home health aide services; and
(d) Medical supplies, other than drugs and biologicals, and the use of medical appliances.
(2) A home health agency shall have each plan of treatment or plan of care reviewed by the physician, naturopathic physician, physician assistant or nurse practitioner periodically, in accordance with rules adopted by the Oregon Health Authority. [1977 c.738 §5; 1981 c.415 §3; 2001 c.346 §2; 2009 c.792 §70; 2013 c.61 §4; 2014 c.45 §62; 2017 c.356 §71]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.085 - Home health services; rules.

The Oregon Health Authority shall adopt rules to implement ORS 443.014 to 443.105 including, but not limited to:
(1) The qualifications of professional and ancillary personnel in order to adequately furnish home health services;
(2) Standards for the organization and quality of client care;
(3) Procedures for maintaining records;
(4) Provision for contractual arrangements for professional and ancillary health services; and
(5) Complaint and inspection procedures. [1977 c.738 §6; 2005 c.22 §303; 2009 c.595 §774; 2009 c.792 §23; 2011 c.70 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.090 - Exemption from in-home care agency licensing requirements.

(1) Notwithstanding ORS 443.305 to 443.350, a home health agency licensed under ORS 443.015 that provides personal care services that are necessary to assist an individual in meeting the individual’s daily needs, but do not include curative or rehabilitative services, is not required to be licensed as an in-home care agency under ORS 443.315.
(2) A licensed home health agency that provides personal care services shall comply with all laws and rules concerning in-home care services except for the licensing requirements. [2003 c.57 §3; 2009 c.792 §24]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.095 - Applicability of laws to domestic service.

No provision of ORS 443.014 to 443.105 shall be construed to prevent repair or domestic services by any person. [1977 c.738 §10; 2005 c.22 §304]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.100 - License required for caregiver registry.

A person may not establish, conduct or maintain a caregiver registry, or represent to the public that the person is a caregiver registry, without first obtaining a caregiver registry license from the Oregon Health Authority. [2009 c.792 §14b; 2009 c.792 §64; 2011 c.70 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.105 - Caregiver registries; rules.

The Oregon Health Authority may adopt rules governing caregiver registries, including but not limited to:
(1) The minimum qualifications of individuals whose services are offered through a caregiver registry;
(2) Standards for the organization and quality of client care;
(3) Procedures for maintaining records;
(4) Requirements for contractual arrangements for professional and ancillary services;
(5) Requiring criminal background checks on individuals placed on a roster by a caregiver registry;
(6) Procedures for complaints against caregiver registries; and
(7) Procedures for inspection of caregiver registries. [2009 c.792 §14c; 2009 c.792 §65; 2011 c.70 §16]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 443 - Residential Care; Adult Foster Homes; Hospice Programs › Section 443.205 - Definitions for ORS 443.215 and 443.225.

As used in ORS 443.215 and 443.225, "domiciliary care facilities" means facilities providing residential care to adults, including adult foster homes, group care facilities or residential treatment, training or care facilities, established, contracted for or operated by the Department of Human Services or the Oregon Health Authority. [1977 c.779 §3; formerly 184.870; 1987 c.320 §234; 2001 c.900 §181; 2007 c.21 §4; 2009 c.595 §775]