reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.745 - Penalties to Quality Care Fund.

All penalties recovered under ORS 441.710 to 441.740 shall be deposited in the Quality Care Fund established in ORS 443.001. [1975 c.328 §8; 2009 c.837 §22; 2017 c.679 §44]
Note:
See note under 441.705.
Note:
Sections 2 and 6, chapter 616, Oregon Laws 2021, provide:
Sec. 2.
(1) As used in this section:
(a) "Emergency medical services provider" has the meaning given that term in ORS 682.025.
(b) "Local government" has the meaning given that term in ORS 174.116.
(c) "Long term care facility" has the meaning given that term in ORS 442.015.
(d) "Residential care facility" has the meaning given that term in ORS 443.400.
(2) The governing body of a local government may not enact or enforce any charter provision, ordinance, resolution or other regulation that:
(a) Regulates the care or services and supports provided to a patient or resident of a long term care facility or residential care facility, that are subject to regulation by the Department of Human Services under state or federal law, or pursuant to rules adopted by the department; or
(b) Imposes fees or other requirements that apply exclusively to long term care facilities or residential care facilities and are not generally applicable to business entities operating within the jurisdiction of the local government.
(3) Subsection (2) of this section does not apply to:
(a) Local government authority provided by state law, including but not limited to a local public health authority; or
(b) Laws that impose a fine, fee, charge or sanction against long term care facilities or residential care facilities that contact an emergency medical services provider to provide lift assist services to a resident who has fallen and who the long term care facility or residential care facility knows, or reasonably should have known, does not require the services of an emergency medical services provider. [2021 c.616 §2]
Sec. 6.
Sections 1 and 2 of this 2021 Act are repealed on January 2, 2027. [2021 c.616 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.750 - Suicide attempts by minors; referral; report; disclosure of information; limitation of liability.

(1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide:
(a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appropriate intervention by the patient’s attending physician, hospital social work staff or other appropriate staff.
(b) Shall report statistical information to the Oregon Health Authority about the person described in this subsection but is not required to report the name of the person.
(2) Any disclosure authorized by this section or any unauthorized disclosure of information or communications made privileged and confidential by this section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this section shall not be liable therefor, notwithstanding any contrary provisions of law.
(3) No physician, hospital or hospital employee shall be held criminally or civilly liable for action pursuant to this section, provided the physician, hospital or hospital employee acts in good faith on probable cause and without malice. [1987 c.189 §1; 2009 c.595 §743]
Note:
441.750 and 441.755 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 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 441 - Health Care Facilities › Section 441.755 - Report form; contents.

(1) The Oregon Health Authority shall prescribe a form to be used by hospitals to make the report required by ORS 441.750 (1)(b) and shall prescribe the frequency of such reports.
(2) The report form may include the name of the hospital reporting, the date of birth, race and sex of person described in subsection (1) of this section, the suicide method used by the person and known prior attempts in the past 12 months.
(3) The authority shall compile the results from the reports and report the results to the public. [1987 c.189 §2; 2009 c.595 §744]
Note:
See note under 441.750.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.764 - Annual review of nurse staffing plan.

(1) A hospital nurse staffing committee established pursuant to ORS 441.762 shall review the nurse staffing plan:
(a) At least once every year; and
(b) At any other date and time specified by either cochair of the committee.
(2) In reviewing a staffing plan, a hospital nurse staffing committee shall consider:
(a) Patient outcomes;
(b) Complaints regarding staffing, including complaints about a delay in direct care nursing or an absence of direct care nursing;
(c) The number of hours of nursing care provided through a hospital unit compared with the number of patients served by the hospital unit during a 24-hour period;
(d) The aggregate hours of mandatory overtime worked by the nursing staff;
(e) The aggregate hours of voluntary overtime worked by the nursing staff;
(f) The percentage of shifts for each hospital unit for which staffing differed from what is required by the staffing plan;
(g) The number of meal breaks and rest breaks missed by direct care staff; and
(h) Any other matter determined by the committee to be necessary to ensure that the hospital is staffed to meet the health care needs of patients.
(3) Upon reviewing a staffing plan, a hospital nurse staffing committee may modify the staffing plan. [Formerly 441.156]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.767 - Staffing plans for psychiatric units.

(1) As used in this section, "psychiatric unit" includes:
(a) Inpatient psychiatric units;
(b) Psychiatric geriatric units;
(c) Psychiatric pediatric units;
(d) Emergency departments that provide psychiatric emergency service, as defined by the Oregon Health Authority by rule; and
(e) The Oregon State Hospital.
(2) A psychiatric unit shall create a multidisciplinary subcommittee of the hospital nurse staffing committee consisting of staff from the unit. The subcommittee shall adopt the staffing plan for the psychiatric unit and shall be considered a hospital nurse staffing committee for purposes of:
(a) The adoption of a nurse staffing plan under ORS 441.762 and 441.763; and
(b) Provisions of ORS 441.766 related to:
(A) Dispute resolution through mandatory arbitration; and
(B) Determining the circumstances when the nurse-to-patient ratios in ORS 441.765 will not apply. [2023 c.507 §7]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.768 - Staffing ratios for certified nursing assistants.

A hospital may not assign a certified nursing assistant to more than seven patients at a time during a day or evening shift or to more than 11 patients at a time during a night shift. [2023 c.507 §8]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.769 - Modification of nurse staffing plan in case of emergency or epidemic.

(1) For purposes of this section, "epidemic" means the occurrence of a group of similar conditions of public health importance in a community or region that are in excess of normal expectancy and that are from a common or propagated source.
(2) Notwithstanding ORS 441.761 to 441.795, a hospital is not required to follow a written hospital-wide staffing plan developed and approved by the hospital nurse staffing committee under ORS 441.762 upon the occurrence of:
(a) A national emergency or state emergency declared under ORS 401.165 to 401.236 or 433.441 to 433.452 requiring the implementation of a facility disaster plan and crisis standards of care;
(b) Sudden unforeseen adverse weather conditions; or
(c) An infectious disease epidemic suffered by hospital staff.
(3)(a) No later than 30 days after a hospital deviates from a written hospital-wide staffing plan under subsection (2)(a) of this section, the hospital incident command shall report to the cochairs of the hospital nurse staffing committee established under ORS 441.762 an assessment of the nurse staffing needs arising from the national or state emergency declaration.
(b) Upon receipt of the report described in paragraph (a) of this subsection, the hospital nurse staffing committee shall convene to develop a contingency nurse staffing plan to address the needs arising from the national or state emergency declaration. The contingency nurse staffing plan must include crisis standards of care.
(c) The hospital’s deviation from the written hospital-wide staffing plan may not be in effect for more than 90 days without the approval of the hospital nurse staffing committee.
(4) Upon the occurrence of a national or state emergency declaration or circumstances not described in subsection (2) of this section, either cochair of the hospital nurse staffing committee may require the hospital nurse staffing committee to meet to review and potentially modify the staffing plan in response to the emergency declaration or circumstances. [Formerly 441.165]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.770 - Need for replacement staff.

(1) For purposes of this section, "nursing staff" includes registered nurses, licensed practical nurses, certified nursing assistants and other hospital nursing staff members as defined by the Oregon Health Authority by rule.
(2) When a hospital learns about the need for replacement staff, the hospital shall make every reasonable effort to obtain nursing staff for unfilled hours or shifts before requiring a nursing staff member to work overtime.
(3)(a) Except as provided in subsection (4) of this section, a hospital may not require a nursing staff member to work:
(A) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;
(B) More than 48 hours in any hospital-defined work week;
(C) More than 12 hours in a 24-hour period; or
(D) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.
(b) For purposes of paragraph (a)(D) of this subsection, a nursing staff member begins to work when the nursing staff member begins a shift.
(4) A hospital may require an additional hour of work beyond the work authorized under subsection (3) of this section if:
(a) A staff vacancy for the next shift becomes known at the end of the current shift; or
(b) There is a potential harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.
(5) If a nursing staff member agrees to work overtime, the nursing staff member is accountable for the nursing staff member’s competency in practice and is responsible for notifying the nursing staff member’s supervisor when the nursing staff member’s ability to safely provide care is compromised.
(6)(a) Time spent in required meetings or receiving education or training shall be included as hours worked for purposes of subsection (3) of this section.
(b) Time spent on call or on standby when the nursing staff member is required to be at the premises of the employer shall be included as hours worked for purposes of subsection (3) of this section.
(c) Time spent on call but away from the premises of the employer may not be included as hours worked for purposes of subsection (3) of this section.
(7) If a nursing staff member believes that a hospital unit is engaging in a pattern of requiring direct care nursing staff to work overtime for nonemergency care, the nursing staff member may report that information to the hospital nurse staffing committee established for the hospital pursuant to ORS 441.762. The hospital nurse staffing committee shall consider the information when reviewing the written hospital-wide staffing plan as required by ORS 441.764.
(8) The provisions of this section do not apply to nursing staff needs:
(a) In the event of a national or state emergency or circumstances requiring the implementation of a facility disaster plan; or
(b) In emergency circumstances identified by the authority by rule. [Formerly 441.166]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.772 - Leaving a patient care assignment.

A registered nurse at a hospital may not place a patient at risk of harm by leaving a patient care assignment during an agreed upon shift or an agreed upon extended shift without authorization from the appropriate supervisory personnel. [Formerly 441.168]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.777 - Combining staffing committees.

(1) A hospital nurse staffing committee, a professional and technical staffing committee and a hospital service staffing committee may, by mutual agreement, combine two or more of the staffing committees into one committee if:
(a) The structures of the committees to be combined meet the requirements of ORS 441.762 and ORS 441.775 or 441.776, as applicable; and
(b) The members of the combined committee are selected from each committee by an exclusive representative or otherwise as provided in ORS 441.762 (1)(b) and (c), 441.775 (1)(b) and (c) and 441.776 (1)(b) and (c).
(2) A majority of members of each staffing committee constitutes a quorum for the transaction of the business of the combined committee. If there is an unequal number of staff and management from each committee present at a meeting of the combined committee, only an equal number of staff and managers from each committee may vote.
(3) Disputes arising in combined committees shall be resolved using the applicable dispute resolution processes under ORS 441.766, 441.775 or 441.776. [2023 c.507 §5]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.778 - Variances to staffing plan requirements.

Upon request of a hospital, the Oregon Health Authority may grant a variance to the written hospital-wide staffing plan requirements described in ORS 441.761 to 441.795 if the variance is necessary to ensure that the hospital is staffed to meet the health care needs of patients. [Formerly 441.164]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.780 - Hospital to maintain records.

A hospital shall keep and maintain records necessary to demonstrate compliance with ORS 441.761 to 441.795. A hospital must provide records kept and maintained under this section to the Oregon Health Authority upon request. [Formerly 441.173]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.783 - Information to be posted to Oregon Health Authority’s website.

The Oregon Health Authority shall post on a website maintained by the authority:
(1) The hospital staffing plans received by the authority under ORS 441.761 to 441.795;
(2) Any report, described in ORS 441.791 (2)(d), made pursuant to an investigation of a complaint for which the authority issued a warning or imposed a civil penalty under ORS 441.792;
(3) Any order suspending or revoking the license of a hospital pursuant to ORS 441.793; and
(4) Any other matter recommended by the Nurse Staffing Advisory Board established under ORS 441.761. [Formerly 441.177]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.785 - Public notice.

On each hospital unit, a hospital shall post a notice summarizing the provisions of ORS 441.761 to 441.795 in a place that is clearly visible to the public that includes a phone number for purposes of reporting a violation of the laws. [Formerly 441.169]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.790 - Process for filing complaint.

(1) As used in this section, "employee" and "exclusive representative" have the meanings given those terms in ORS 653.258.
(2) The Oregon Health Authority shall implement a process for an employee or an employee’s exclusive representative to file a complaint against a hospital under ORS 653.258 (2)(a) for missed meal periods and rest periods.
(3) The authority shall forward to the Commissioner of the Bureau of Labor and Industries any complaint filed under this section no later than 14 days after the complaint is filed.
(4) No later than 30 days after receiving a complaint under this section, the authority shall provide notice of the filing of the complaint to the following:
(a) The hospital;
(b) The cochairs of the relevant staffing committee established pursuant to ORS 441.762, 441.775 or 441.776; and
(c) The exclusive representative, if any, of the employee filing the complaint. [2023 c.507 §12]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.793 - Penalties.

(1) The Oregon Health Authority shall impose civil penalties in the manner provided in ORS 183.745 for a violation listed in ORS 441.792.
(2) The authority may suspend or revoke the license of a hospital, in the manner provided in ORS 441.030, for a violation described in ORS 441.792.
(3) Each violation of a written hospital-wide staffing plan shall be considered a separate violation and there is no cap on the times that a penalty may be imposed for a repeat of a violation.
(4) The authority may not impose a civil penalty for a violation of a nurse staffing plan, a hospital professional and technical staffing plan or a hospital service staffing plan if the hospital took the following actions:
(a) Scheduled staff in accordance with the staffing plan;
(b) Sought volunteers from all available qualified employees to work extra time;
(c) Contacted qualified employees who made themselves available to work extra time;
(d) Solicited per diem staff to work; and
(e) Contacted contracted temporary agencies, that the hospital regularly uses, if temporary staff from such agencies are permitted to work in the hospital by law or any applicable collective bargaining agreement.
(5) The authority shall maintain for public inspection records of any civil penalties or license suspensions or revocations imposed on hospitals penalized under subsection (1) or (2) of this section. [Formerly 441.175]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.795 - Limitations on rulemaking authority of Oregon Health Authority.

(1) The Oregon Health Authority may adopt rules necessary to carry out ORS 441.761 to 441.795 only with respect to:
(a) The processing of complaints under ORS 441.791;
(b) The processing of complaints regarding meal breaks and rest breaks under ORS 441.790;
(c) The requirements for nurse-to-patient ratios in emergency departments under ORS 441.765 (2)(a); and
(d) The provisions of ORS 441.770 (1) and (8)(b).
(2) The authority shall convene a subcommittee of the Nurse Staffing Advisory Board established in ORS 441.761 to advise the authority in the adoption of rules under this section. The subcommittee must have equal representation of hospital employees and hospital managers and shall include individuals representing labor organizations and organizations representing hospitals. [2023 c.507 §28]
Note:
See note under 441.761.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.815 - Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules.

(1) As used in this section:
(a) "Hospital" has the meaning given that term in ORS 442.015.
(b) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.
(2) The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an inhalant delivery system in a manner that creates an aerosol or vapor:
(a) In the hospital; or
(b) Within 10 feet of a doorway, open window or ventilation intake of the hospital.
(3) The Director of the Oregon Health Authority may impose a civil penalty of not more than $500 per day on a person for violation of subsection (2) of this section. Civil penalties imposed against a person under this subsection may not exceed $2,000 in any 30-day period. Civil penalties imposed under this subsection shall be imposed in the manner provided by ORS 183.745.
(4) The Oregon Health Authority may adopt rules necessary for the administration of this section. [Formerly 441.515; 1977 c.173 §1; 1983 c.740 §160; 2007 c.602 §8; 2009 c.595 §745; 2015 c.158 §23]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.816 - Influenza vaccines for patients 65 years of age or older; rules.

(1) Subject to subsection (2) of this section, from October 1 through March 1 of each year, each hospital in this state shall make an offer to each patient of the hospital who is 65 years of age or older to immunize the patient against the influenza virus, provided that immunization against the influenza virus is not contraindicated for that patient.
(2) Offers made under subsection (1) of this section must be based on:
(a) The availability of the influenza vaccine at the time the offer is made; and
(b) Any applicable recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(3) The Oregon Health Authority may adopt rules to implement this section. [2015 c.496 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.820 - Procedure for termination of physician’s privilege to practice medicine at health care facility; immunity from damage action for good faith report.

(1) When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in writing, to the Oregon Medical Board all the facts and circumstances that resulted in the restriction or termination.
(2) A health care facility which reports or provides information to the Oregon Medical Board under this section and which provides information in good faith shall not be subject to an action for civil damages as a result thereof. [1977 c.448 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.825 - Authority of hospital to require medical staff to provide professional liability insurance.

(1) A governing body of a hospital licensed under ORS 441.015 to 441.119 and 441.993 may require all members of its medical staff to:
(a) Provide evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board;
(b) Post a bond in lieu of evidence of professional medical liability insurance in a reasonable amount as specified by the hospital governing board; or
(c) Demonstrate annually financial responsibility for a reasonable amount as specified by the hospital governing board.
(2) As used in this section:
(a) "Medical staff" includes those individuals licensed by this state under ORS chapter 677 and granted privileges to practice in the hospital by the hospital governing board.
(b) "Professional medical liability insurance" means casualty insurance against legal liability for death, injury or disability of a human being arising from any medical, surgical or dental treatment, omission or operation. [1977 c.449 §1; 1981 c.377 §1]
Note:
441.825 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 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 441 - Health Care Facilities › Section 441.990 - Civil and criminal penalties.

(1) Violation of ORS 441.015 (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation.
(2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized representative of the Department of Human Services in the lawful carrying out of the provisions of ORS 441.087 (1) commits a Class C misdemeanor.
(3) The removal of the notice required by ORS 441.030 (4) by any person other than an official of the department is a Class C misdemeanor.
(4) Any person who, after being excluded by a trustee pursuant to ORS 441.289 (16), remains upon the premises of a facility or returns to a facility violates ORS 164.245.
(5) In addition to the penalties under this section, the Oregon Health Authority, the Department of Human Services or the Department of Consumer and Business Services may assess civil penalties against any health care facility or health maintenance organization under ORS 441.030 or for a violation of ORS 441.015 (1). A civil penalty imposed under this section may not exceed $5,000.
(6) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.
(7) Civil penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund for general governmental purposes. [Subsection (2) enacted as 1971 c.166 §2; subsection (3) enacted as 1975 c.294 §4; 1977 c.173 §2; 1977 c.582 §48; 1987 c.428 §41; 1989 c.171 §56; 1999 c.1051 §183; 2001 c.900 §178; 2007 c.602 §9; 2009 c.539 §13; 2009 c.595 §746; 2009 c.792 §62; 2011 c.597 §197]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 441 - Health Care Facilities › Section 441.991 - Civil penalty for violation of ORS 441.098.

If the Health Licensing Office or the appropriate health professional regulatory board takes disciplinary action under ORS 441.099, the office or board may also impose a civil penalty of not more than $1,000 on a health practitioner for violating ORS 441.098 (2), (3), (4) or (5). [2013 c.552 §3]
Note:
441.991 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 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 441 - Health Care Facilities › Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049.

(1) In addition to any other penalty or remedy provided by law, the Oregon Health Authority may impose a civil penalty of up to $10,000 for each violation of ORS 441.048 or 441.049.
(2) Moneys received under this section shall be paid into the General Fund.
(3) Civil penalties shall be imposed as provided in ORS 183.745. [2020 s.s.1 c.20 §3]
Note:
441.992 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 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 441 - Health Care Facilities › Section 441.993 - Civil penalties and administrative actions.

A care facility that violates the provisions of ORS 441.111 to 441.119 and 441.993, or that employs a staff member who violates the provisions of ORS 441.111 to 441.119 and 441.993, shall be subject to civil penalties or other administrative action as may be provided under ORS 441.705 to 441.745 and rules adopted by the Department of Human Services. ORS 441.111 to 441.119 and 441.993 may not be construed to limit the ability to bring any civil, criminal or administrative action for conduct constituting a violation of any other provision of law. [2023 c.567 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.011 - Health Policy and Analytics Division created in Oregon Health Authority.

There is created in the Oregon Health Authority the Health Policy and Analytics Division. The Director of the Health Policy and Analytics Division shall be appointed by the Director of the Oregon Health Authority. The Director of the Health Policy and Analytics Division shall be an individual with demonstrated proficiency in planning and managing programs with complex public policy and fiscal aspects such as those involved in the medical assistance program. [1993 c.725 §33; 1997 c.683 §16; 2001 c.69 §1; 2003 c.784 §5; 2007 c.697 §§14,15; 2009 c.595 §§747,748; 2011 c.720 §197; 2017 c.384 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.025

[1977 c.751 §2; 1981 c.693 §2; 1983 c.482 §2; 1985 c.747 §1; 1987 c.660 §3; renumbered 442.310 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.120

[Formerly 442.355; 1991 c.703 §7; 1993 c.754 §7; 1995 c.727 §23; 1997 c.683 §19; 1999 c.581 §2; 2007 c.71 §128; 2009 c.595 §750; 2015 c.318 §6; 2018 c.50 §7; 2019 c.537 §1; renumbered 442.370 in 2019]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.310 - Findings and policy.

(1) The Legislative Assembly finds that the achievement of reasonable access to quality health care at a reasonable cost is a priority of the State of Oregon.
(2) Problems preventing the priority in subsection (1) of this section from being attained include:
(a) The inability of many citizens to pay for necessary health care, being covered neither by private insurance nor by publicly funded programs such as Medicare and Medicaid;
(b) Rising costs of medical care which exceed substantially the general rate of inflation;
(c) Insufficient price competition in the delivery of health care services that would provide a greater cost consciousness among providers, payers and consumers;
(d) Inadequate incentives for the use of less costly and more appropriate alternative levels of health care;
(e) Insufficient or inappropriate use of existing capacity, duplicated services and failure to use less costly alternatives in meeting significant health needs; and
(f) Insufficient primary and emergency medical care services in medically underserved areas of the state.
(3) As a result of rising health care costs and the concern expressed by health care providers, health care users, third-party payers and the general public, there is an urgent need to abate these rising costs so as to place the cost of health care within reach of all Oregonians without affecting the quality of care.
(4) To foster the cooperation of the separate industry forces, there is a need to compile and disseminate accurate and current data, including but not limited to price and utilization data, to meet the needs of the people of Oregon and improve the appropriate usage of health care services.
(5) It is the purpose of this chapter to establish area-wide and state planning for health services, staff and facilities in light of the findings of subsection (1) of this section and in furtherance of health planning policies of this state.
(6) It is further declared that hospital costs should be contained through improved competition between hospitals and improved competition between insurers and through financial incentives on behalf of providers, insurers and consumers to contain costs. As a safety net, it is the intent of the Legislative Assembly to monitor hospital performance. [Formerly 442.025]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.325 - Certificate of need for health care facility of health maintenance organization; exempt activities; policy relating to health maintenance organizations.

(1) A certificate of need shall be required for the development or establishment of a health care facility of any new health maintenance organization.
(2) Any activity of a health maintenance organization which does not involve the direct delivery of health services, as distinguished from arrangements for indirect delivery of health services through contracts with providers, shall be exempt from certificate of need review.
(3) Nothing in ORS 244.050, 431.250, 441.015 to 441.119, 441.993, 442.015 to 442.420 and 442.450 applies to any decision of a health maintenance organization involving its organizational structure, its arrangements for financing health services, the terms of its contracts with enrolled beneficiaries or its scope of benefits.
(4) With the exception of certificate of need requirements, when applicable, the licensing and regulation of health maintenance organizations shall be controlled by ORS 750.005 to 750.095 and statutes incorporated by reference therein.
(5) It is the policy of ORS 244.050, 431.250, 441.015 to 441.119, 441.993, 442.015 to 442.420 and 442.450 to encourage the growth of health maintenance organizations as an alternative delivery system and to provide the facilities for the provision of quality health care to the present and future members who may enroll within their defined service area.
(6)(a) It is also the policy of ORS 244.050, 431.250, 441.015 to 441.119, 441.993, 442.015 to 442.420 and 442.450 to consider the special needs and circumstances of health maintenance organizations. Such needs and circumstances include the needs of and costs to members and projected members of the health maintenance organization in obtaining health services and the potential for a reduction in the use of inpatient care in the community through an extension of preventive health services and the provision of more systematic and comprehensive health services. The consideration of a new health service proposed by a health maintenance organization shall also address the availability and cost of obtaining the proposed new health service from the existing providers in the area that are not health maintenance organizations.
(b) The Oregon Health Authority shall issue a certificate of need for beds, services or equipment to meet the needs or reasonably anticipated needs of members of health maintenance organizations when beds, services or equipment are not available from nonplan providers. [1977 c.751 §56; 1981 c.693 §11; 1995 c.727 §40; 1999 c.581 §9; 2009 c.595 §752]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.344 - Exemptions from requirements.

In furtherance of the purpose and intent of the Legislative Assembly as expressed in ORS 442.310 to achieve reasonable access to quality health care at a reasonable cost, the requirements of ORS 442.325 shall not apply to ambulatory surgical centers performing only ophthalmic surgery. [1987 c.723 §1]
Note:
442.344 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 442.347 - Rural hospital required to report certain actions.

A rural hospital exempted from the certificate of need requirement by ORS 442.315 (8) shall report any action taken by the hospital that would have required a certificate of need if the exemption did not exist. [1993 c.722 §4]
Note:
442.347 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 442.361 - Definitions for ORS 442.361, 442.362 and 442.991.

As used in this section and ORS 442.362 and 442.991:
(1)(a) "Capital project" means:
(A) The construction, development, purchase, renovation or any construction expenditure by or on behalf of a reporting entity, for which the cost:
(i) For type A hospitals, exceeds five percent of gross revenue.
(ii) For type B hospitals, exceeds five percent of gross revenue.
(iii) For DRG hospitals, exceeds 1.75 percent of gross revenue.
(iv) For ambulatory surgical centers, exceeds $2 million.
(B) The purchase or lease of, or other comparable arrangement for, a single piece of diagnostic or therapeutic equipment for which the cost or, in the case of a donation, the value exceeds $1 million. The acquisition of two or more pieces of diagnostic or therapeutic equipment that are necessarily interdependent in the performance of ordinary functions shall be combined in calculating the cost or value of the transaction.
(b) "Capital project" does not include a project financed entirely through charitable fundraising.
(2) "DRG hospital" means a hospital that is not a type A or type B hospital and that receives Medicare reimbursement based upon diagnostic related groups.
(3) "Gross revenue" has the meaning given that term in ORS 442.015.
(4) "Reporting entity" includes the following if licensed pursuant to ORS 441.015:
(a) A type A hospital as described in ORS 442.470.
(b) A type B hospital as described in ORS 442.470.
(c) A DRG hospital.
(d) An ambulatory surgical center as defined in ORS 442.015. [2009 c.595 §1197; 2023 c.9 §39]
Note:
442.361 and 442.362 were added to and made a part of ORS chapter 442 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.362 - Reporting of proposed capital projects by hospitals and ambulatory surgical centers.

The Oregon Health Authority may adopt rules requiring reporting entities within the state to publicly report proposed capital projects. Rules adopted under this section must:
(1) Require a reporting entity to establish on the home page of its website a prominently labeled link to information about proposed or pending capital projects. The information posted must include but is not limited to a report of the community benefit for the project, its estimated cost and a means for interested persons to submit comments. When a reporting entity posts the information required under this subsection, the reporting entity must notify the authority of the posting in the manner prescribed by the authority.
(2) If a reporting entity does not have a website, require the reporting entity to publish notice of the proposed capital project in a major newspaper or online equivalent serving the region in which the proposed capital project will be located. The notice must include but is not limited to a report of the community benefit for the project, its estimated cost and a means for interested persons to submit comments. When a reporting entity publishes the information required under this subsection, the reporting entity must notify the authority of the publication in the manner prescribed by the authority.
(3) Establish a publicly available resource for information collected under this section. [2009 c.595 §1198; 2015 c.318 §30]
Note:
See note under 442.361.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.370 - Ambulatory surgery and inpatient discharge abstract records; rules; fees.

(1) In order to provide data essential for health planning programs:
(a) The Oregon Health Authority shall obtain directly from each hospital licensed to operate in this state, or from a third party working on behalf of or by contract with the hospital, the following information prescribed by the authority by rule:
(A) Ambulatory surgery discharge abstract records;
(B) Inpatient discharge abstract records; and
(C) Emergency department discharge abstract records.
(b) The authority shall obtain directly from each ambulatory surgical center licensed to operate in this state, or from a third party working on behalf of or by contract with the ambulatory surgical center, the following information prescribed by the authority by rule:
(A) Ambulatory surgery discharge abstract records; and
(B) Discharge abstract records of patients discharged from extended stay centers licensed under ORS 441.026 that are affiliated with the ambulatory surgical center.
(2) The authority may establish by rule a fee to be charged to each ambulatory surgical center.
(3) The fee established under subsection (2) of this section may not exceed the cost of abstracting and compiling the records.
(4) The authority may specify by rule the form in which records are to be submitted. If the form adopted by rule requires conversion from the form regularly used by a hospital, ambulatory surgical center or extended stay center, reasonable costs of such conversion shall be paid by the authority.
(5) The authority may provide by rule for the submission of ambulatory surgery, inpatient and emergency department discharge abstract records for enrollees in a health maintenance organization in a form the authority determines appropriate to the authority’s needs for the data and the organization’s record keeping and reporting systems for charges and services.
(6) The authority shall notify any entity submitting data under this section of any changes to the data sets that must be submitted, no later than July 1 of the calendar year preceding the effective date of the changes.
(7) The authority may contract with a third party to receive and process the records submitted under this section. [Formerly 442.120]
Note:
442.370 was added to and made a part of ORS chapter 442 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 442 - Health Planning › Section 442.372 - Definitions for ORS 442.372 and 442.373.

As used in this section and ORS 442.373, "reporting entity" means:
(1) An insurer as defined in ORS 731.106 or fraternal benefit society as described in ORS 748.106 required to have a certificate of authority to transact health insurance business in this state.
(2) A health care service contractor as defined in ORS 750.005 that issues medical insurance in this state.
(3) A third party administrator required to obtain a license under ORS 744.702.
(4) A pharmacy benefit manager or fiscal intermediary, or other person that is by statute, contract or agreement legally responsible for payment of a claim for a health care item or service.
(5) A coordinated care organization as defined in ORS 414.025.
(6) An insurer providing coverage funded under Part A, Part B or Part D of Title XVIII of the Social Security Act, subject to approval by the United States Department of Health and Human Services. [Formerly 442.464]
Note:
442.372 and 442.373 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 442.385 - Definitions for ORS 442.385 and 442.386.

As used in this section and ORS 442.386:
(1) "Frontline worker" means any worker whose total annual compensation is less than $200,000, adjusted annually to reflect any percentage changes 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, excluding executive managers and salaried managers.
(2) "Health care" means items, services and supplies intended to improve or maintain human function or treat or ameliorate pain, disease, condition or injury, including but not limited to the following types of services:
(a) Medical;
(b) Behavioral;
(c) Substance use disorder;
(d) Mental health;
(e) Surgical;
(f) Optometric;
(g) Dental;
(h) Podiatric;
(i) Chiropractic;
(j) Psychiatric;
(k) Pharmaceutical;
(L) Therapeutic;
(m) Preventive;
(n) Rehabilitative;
(o) Supportive; or
(p) Geriatric.
(3) "Health care cost growth" means the annual percentage change in total health expenditures in this state.
(4) "Health care entity" means a payer or a provider.
(5) "Health insurance" has the meaning given that term in ORS 731.162.
(6) "Net cost of private health insurance" means the difference between health insurance premiums received by a payer and the claims for the cost of health care paid by the payer under a policy or certificate of health insurance.
(7) "Payer" means:
(a) An insurer offering a policy or certificate of health insurance or a health benefit plan as defined in ORS 743B.005;
(b) A publicly funded health care program, including but not limited to Medicaid, Medicare and the State Children’s Health Insurance Program;
(c) A third party administrator; and
(d) Any other public or private entity, other than an individual, that pays or reimburses the cost for the provision of health care.
(8) "Provider" means an individual, organization or business entity that provides health care.
(9) "Total compensation" means wages, benefits, salaries, bonuses and incentive payments provided to a frontline worker by a provider.
(10)(a) "Total health expenditures" means all health care expenditures on behalf of residents of this state by public and private sources, including:
(A) All payments on providers’ claims for reimbursement of the cost of health care provided;
(B) All payments to providers other than payments described in subparagraph (A) of this paragraph;
(C) All cost-sharing paid by residents of this state, including but not limited to copayments, deductibles and coinsurance; and
(D) The net cost of private health insurance.
(b) "Total health expenditures" may include expenditures for care provided to out-of-state residents by in-state providers to the extent practicable. [2019 c.560 §1; 2021 c.51 §1; 2023 c.393 §1]
Note:
442.385 and 442.386 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 442.392 - Uniform payment methodology for hospital and ambulatory surgical center services; rules.

(1) The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that:
(a) Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or similar payment methodologies, for hospital and ambulatory surgical center services;
(b) Includes payment methodologies for services and equipment that are not fully addressed by Medicare payment methodologies; and
(c) Allows for the use of alternative payment methodologies, including but not limited to pay-for-performance, bundled payments and capitation.
(2) In developing the payment methodologies described in this section, the authority shall convene and be advised by a work group consisting of providers, insurers and consumers of the types of health care services that are subject to the methodologies. [2011 c.418 §3]
Note:
442.392 to 442.396 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.