reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0050 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 make a complaint verbally or in writing to the Division regarding an allegation
			 against a caregiver registry of a violation of law applicable to a caregiver
			 registry.
(2) The identity of a
			 person making a complaint will be kept confidential.
(3) An investigation will be carried out as
			 soon as practicable after the receipt of a complaint.
(4) Information obtained by the Division
			 during an investigation of a complaint or reported violation under this rule is
			 confidential and not subject to public disclosure under ORS 192.410 through
			 192.505.
(5) Upon the conclusion of
			 the investigation, the Division may publicly release a report of its findings
			 but may not include information in the report that could be used to identify
			 the complainant or any client of the caregiver registry. The Division may use
			 any information obtained during an investigation in an administrative or
			 judicial proceeding concerning the licensing of a caregiver registry.
(6) If the complaint involves an allegation
			 of criminal conduct or an allegation that is within the jurisdiction of another
			 local, state, or federal agency, the Division will refer the matter to that
			 agency.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS
				  443.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0055 - Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As soon as
			 practicable after receiving a complaint, taking into consideration the nature
			 of the complaint, Division staff will begin an investigation.
(2) A caregiver registry shall permit
			 Division staff access to the caregiver registry place of business during an
			 investigation.
(3) An investigation
			 may include but is not limited to:
(a)
			 Interviews of the complainant, caregivers, clients, a client's representative,
			 a client's family members, witnesses, caregiver registry management and
			 staff;
(b) On-site observations of
			 caregiver registry management, staff, or caregivers; and
(c) Review of documents and
			 records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0060 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall, in addition to any investigations conducted under OAR
			 333-540-0055,
			 conduct at least one general survey of each caregiver registry to determine
			 compliance with caregiver registry laws every three years and at such other
			 times as the Division deems necessary.
(2) A caregiver registry shall permit
			 Division staff access to the caregiver registry place of business during a
			 survey.
(3) A survey may include
			 but is not limited to:
(a) Interviews of
			 caregivers, clients, client representatives, client family members, and
			 caregiver registry management and staff;
(b) On-site observations of caregiver
			 registry management, staff, or caregivers; and
(c) Review of documents and
			 records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0065 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any law that governs a
				caregiver registry, it is a violation to:
(1) Refuse to cooperate with an investigation
			 or survey, including but not limited to failure to permit Division staff access
			 to the caregiver registry place of business, its documents or
			 records;
(2) Fail to implement an
			 approved plan of correction;
(3)
			 Refuse or fail to comply with an order issued by the Division;
(4) Refuse or fail to pay a civil
			 penalty;
(5) Fail to comply with
			 rules governing the storage of records following the closure of a caregiver
			 registry;
(6) Fail to report
			 suspected abuse of elderly persons as defined in ORS 124.050;
(7) Fail to return a license as provided in
			 OAR
			 333-540-0085;
			 or
(8) Operate without a
			 license.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS
				  443.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0070 - Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Division staff document violations of a law
			 governing a caregiver registry, the Division may issue a statement of
			 deficiencies that cites the law alleged to have been violated and the facts
			 supporting the allegation.
(2) A
			 signed and dated plan of correction must be received by the Division within 10
			 business days from the date the statement of deficiencies was mailed to the
			 caregiver registry. A signed plan of correction will not be used by the
			 Division as an admission of the violations alleged in the statement of
			 deficiencies.
(3) A caregiver
			 registry shall correct all deficiencies within 60 days from the date of the
			 exit conference, unless an extension of time is requested from the Division. A
			 request for such an extension shall be submitted in writing and must accompany
			 the plan of correction.
(4) The
			 Division shall determine if a written plan of correction is acceptable. If the
			 plan of correction is not acceptable to the Division, the Division shall notify
			 the owner of the caregiver registry, in writing or by telephone:
(a) Identifying which provisions in the plan
			 the Division finds unacceptable;
(b) Citing the reasons the Division finds
			 them unacceptable; and
(c)
			 Requesting that the plan of correction be modified and resubmitted no later
			 than 10 working days from the date the letter of non-acceptance was mailed to
			 the owner.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0075 - Formal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey, Division staff document a failure to comply
			 with caregiver registry laws, the Division may issue a Notice of Proposed
			 Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470.
(2) The Division
			 may issue a Notice of Imposition of Civil Penalty for violations of caregiver
			 registry laws.
(3) At any time the
			 Division may issue a Notice of Emergency License Suspension under ORS
			 183.430(2).
(4) If the Division
			 revokes a caregiver registry license, the order shall specify when, if ever,
			 the caregiver registry may reapply for a license.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.045 &
				  443.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0080 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A caregiver
			 registry that violates caregiver registry laws, including OAR
			 333-540-0065  (violations), is subject to the imposition of a civil penalty not to exceed
			 $1,000 per violation and may not total more than $2,000.
(2) In determining the amount of a civil
			 penalty, the Division shall consider whether:
(a) The Division made repeated attempts to
			 obtain compliance;
(b) The licensee
			 has a history of noncompliance with caregiver registry laws;
(c) The violation poses a serious risk to the
			 public's health;
(d) The licensee
			 gained financially from the noncompliance; and
(e) There are mitigating factors, such as a
			 licensee's cooperation with an investigation or actions to come into
			 compliance.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0085 - Return of Agency License

Current through Register Vol. 63, No. 7, July 1, 2024
A caregiver registry shall return its license to the Division
				immediately if the registry:
(1)
			 Voluntarily decides to stop operating a registry;
(2) Has its license suspended or revoked;
			 or
(3) Fails to renew its
			 license.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS
				  443.045
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 540 - CAREGIVER REGISTRIES › Section 333-540-0090 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A caregiver
			 registry already in operation on July 1, 2010 shall apply to the Division for a
			 license and pay the applicable fee by August 1, 2010.
(2) The Division shall allow a caregiver
			 registry already in operation on July 1, 2010, three months from its date of
			 application before an on-site inspection is conducted, in order to allow a
			 caregiver registry to come into compliance with these rules.
(3) A caregiver registry already in operation
			 on July 1, 2010 shall conduct criminal background checks on all caregivers
			 placed on its registry prior to July 1, 2010 if the caregiver has not had a
			 criminal background check in the last three years.
Stat. Auth.: ORS 443.105
Stats. Implemented: ORS 443.035, 443.100, &
				  443.105
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 545 - PURPOSE, APPLICABILITY AND DEFINITIONS FOR CERTIFICATE OF NEED › Section 333-545-0000 - Purpose of Certificate of Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS Chapter 442 establishes state
			 planning for health services and facilities in light of the following findings
			 and in furtherance of health planning policies of the state as established
			 through legislative and executive agency action. The certificate of need
			 program of the Public Health Division has as its purpose the achievement of
			 reasonable access to quality health care, at a reasonable cost. Therefore,
			 decisions regarding proposed new health services and facilities shall be made
			 for reasons having to do with the most urgent community health needs in the
			 various parts of the state. The burden of proof for need and viability shall be
			 on the applicant, taking these legislative findings into account:
(a) Many citizens are unable to pay for
			 necessary health care, being covered neither by private insurance nor by
			 publicly funded programs such as Medicare and Medicaid;
(b) Health care costs are rising at rates
			 which exceed substantially the general rate of inflation;
(c) There is insufficient price competition
			 in the delivery of health care services and therefore insufficient cost
			 consciousness among providers, payors and consumers;
(d) There are inadequate incentives for the
			 use of less costly and more appropriate alternative levels of health
			 care;
(e) There is insufficient or
			 inappropriate use of existing capacity; there are duplicated services; and
			 there is failure to use less costly alternatives in meeting significant health
			 needs; and
(f) There are
			 insufficient primary and emergency medical care services in medically
			 underserved areas of the state.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 545 - PURPOSE, APPLICABILITY AND DEFINITIONS FOR CERTIFICATE OF NEED › Section 333-545-0010 - Purpose and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Divisions 545 through 670 of OAR Chapter
			 333 establish procedures for the certificate of need program.
(2) Divisions 545 through 670 of OAR Chapter
			 333 apply to the division and persons subject to provisions of the certificate
			 of need law.
(3) The authority for
			 Divisions 545 through 670 of OAR Chapter 333 is ORS 431.120(6) and
			 442.315.
Stat. Auth.: ORS 431.120(6) & ORS 442.315
Stats. Implemented: ORS 431.120(6) & ORS
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 545 - PURPOSE, APPLICABILITY AND DEFINITIONS FOR CERTIFICATE OF NEED › Section 333-545-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in divisions 545 through 670 of OAR chapter 333 unless
				the context requires otherwise:
(1)
			 "Adjusted Admission" means the sum of all inpatient admissions divided by the
			 ratio of inpatient revenues to total patient revenues.
(2) "Administrator" means the administrator
			 of the Public Health Division.
(3)
			 "Amendment to an Application" means any substantial change in the data on which
			 the application is based; a substantial change in either the proposed services,
			 equipment, construction, price, project schedule, financing of the project,
			 budget of the project, or financial position of the applicant; or other changes
			 which the division determines to constitute an amendment which may directly
			 affect the division's decision or which substantially change the
			 proposal.
(4) "Affected Person"
			 means a person who, as determined by the division, either has an interest in
			 the outcome of the division's proceeding or represents a public interest.
			 "Affected person" has the same meaning as given to "party" under ORS 183.310(6)
			 and includes:
(a) Each person or agency
			 entitled as of right to a hearing before the division;
(b) Each person or agency named by the
			 division to be a party; and
(c) Any
			 person requesting to participate before the division as a party or in a limited
			 party status which the division determines either has an interest in the
			 outcome of the division's proceeding or represents a public interest in such
			 result. The division's determination is subject to judicial review in the
			 manner provided by ORS 183.482 after the division has issued its final order in
			 the proceedings.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 550 - PROJECTS OR PROPOSALS SUBJECT TO CERTIFICATE OF NEED REVIEW › Section 333-550-0000 - Categories That are "Subject" or "Exempt"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person not excluded under section (2)
			 or (3) of this rule, or not excluded pursuant to ORS 441.065, that proposes to
			 offer or develop a new hospital, as defined in ORS 442.015(17) and OAR
			 333-550-0010(2)
 
			 or offer or develop a new long-term care facility or service, as defined in ORS
			 442.015(18) and OAR
			 333-550-0010(3)
 
			 is subject to certificate of need review by the division. Persons subject to
			 review under ORS 442.315 include:
(a)
			 Hospitals, including special inpatient care facilities; and
(b) Long-term care facilities (nursing
			 homes).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 555 - CERTIFICATE OF NEED LETTERS OF INTENT › Section 333-555-0000 - Letters of Intent, Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 442.315(2), all applicants for a certificate of need shall
			 submit a letter of intent. Such letter of intent shall be filed prior to
			 implementing any part of the project. In cases in which more than one party is
			 potentially subject to review, both parties shall file letters of intent.
			 However, as provided in OAR
			 333-570-0010(3),
			 only one application will be required if such a project is ruled subject to
			 review.
(2) Letters of intent shall
			 be sent to the Public Health Division.
(3) If the division believes that any person
			 is considering or undertaking a project for which a certificate of need might
			 be required or for which a letter of intent is required under section (1) of
			 this rule, but that person has not submitted a letter of intent, the division
			 may order the person to submit a letter of intent for the project, or may
			 institute proceedings in the circuit courts to enforce obedience to applicable
			 statutes, rules, or orders by injunction or by other processes, mandatory or
			 otherwise, as provided in ORS 442.315(10).
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 555 - CERTIFICATE OF NEED LETTERS OF INTENT › Section 333-555-0010 - Letters of Intent, Filing Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants may submit letters of intent
			 at any time during the calendar year.
(2) Applications which are ruled subject to
			 full review under OAR
			 333-555-0030(1)
 
			 may not be filed sooner than the first day of the month following the
			 publication and mailing of notice of the letter of intent in the
Certificate of Need Update
, published monthly by the division.
			 For example, a letter of intent submitted in the first half of May would have a
			 notice published in the June 1 edition of the
Certificate of Need
			 Update
. The application could then be submitted no earlier than July
			 1.
(3) A letter of intent
			 automatically expires 365 days following the division's ruling under OAR
			 333-555-0030.
			 No extension will be granted. An applicant may anticipate the expiration of a
			 current letter of intent by filing a new letter of intent, upon which the
			 division will rule under OAR
			 333-555-0030.
			 In order to ensure that the previous letter of intent does not expire before an
			 application can be submitted under the new letter of intent, the applicant
			 should file the new letter of intent at least 60 days in advance of the
			 expiration of the previous letter of intent.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 555 - CERTIFICATE OF NEED LETTERS OF INTENT › Section 333-555-0020 - Letters of Intent, Application Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The contents of the letter of intent
			 shall provide sufficient information to support necessary rulings by the
			 division. The division shall determine, from the letter of intent, whether or
			 not the proposed project is subject to the certificate of need law. A person
			 submitting a letter of intent shall disclose all information which may affect
			 the division's ruling under certificate of need law. There shall be sufficient
			 information to determine the provision(s) of division 550 of this chapter under
			 which a project may be subject. There shall also be sufficient information to
			 determine whether review of the project may be abbreviated under Division 560
			 of this Chapter. Finally, sufficient information shall be provided so that
			 other parties with an interest in the project may have fair opportunity to
			 submit inquiries, letters of intent, and competing applications for delayed
			 review under Division 560 of this Chapter.
(2) The letter of intent shall be submitted
			 on
Form LOI-1
. If additional information is needed to meet the
			 requirements of section (1) of this rule, the division shall inform the person
			 filing the letter of intent in advance or in response to the letter of intent
			 under OAR
			 333-555-0030(1)(d).
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 555 - CERTIFICATE OF NEED LETTERS OF INTENT › Section 333-555-0030 - Letters of Intent, Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As soon as possible after receiving and
			 reviewing a letter of intent, the division shall send copies of the letter of
			 intent to any persons known to the division as offering similar services to
			 residents of the area which would be served by the project, together with a
			 notice that the division will consider comments regarding the proposed letter
			 of intent if such comments are received at least two working days prior to the
			 deadline for the division's ruling on the letter of intent. The purpose of
			 providing such notice is informational, so that the division can gather data
			 that may be relevant to its decision regarding the letter of intent. Persons
			 who are sent copies of the letter of intent or who submit comments on the
			 letter of intent are not considered to be parties in the division's review of
			 the letter of intent. The division will not recognize any affected parties in
			 regard to a letter of intent other than the party submitting the letter of
			 intent. Within 15 days of receipt, the division shall give written notification
			 to the person filing the letter of intent and to any parties who have submitted
			 comments of its ruling that:
(a) The proposal
			 is not subject to the certificate of need law and state the reasons;
			 or
(b) The proposal is subject to
			 full review under the certificate of need law;
(c) The proposal is subject to the
			 certificate of need law, and is eligible for abbreviated review pursuant to OAR
			 333-560-0010  and
			 333-560-0020;
			 or
(d) The letter of intent
			 contains insufficient information to make a determination;
(e) The proposal is subject to certificate of
			 need law and is eligible for expedited review pursuant to OAR
			 333-560-0110  and
			 333-560-0120.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0010 - Abbreviated Certificate of Need Review for Specific Projects

Current through Register Vol. 63, No. 7, July 1, 2024
The following types of projects are eligible for abbreviated
				review:
(1) The establishment of new
			 health services or new facilities which, based on documentation submitted by
			 the applicant and found acceptable by the Division, will predominantly or
			 exclusively service medically indigent patients:
(a) Such documentation should include any
			 admissions policies or needs tests to be used by the applicant in determining
			 the appropriateness of admissions. Documentation should also include
			 information on projected revenues for the facility or service, including the
			 sources of such revenues;
(b) If
			 the facility or service, in the future, wishes to provide services to persons
			 who are not medically indigent, either because of a change of ownership or for
			 other reasons, the applicant must submit a new letter of intent detailing the
			 proposed changes in the population to be served. The Division may consider such
			 a change to constitute the establishment of a new health service subject to
			 review, if it concludes that the patients to be served will no longer be
			 predominantly medically indigent, and if it concludes that there will be a
			 substantial impact on the cost of patient care;
(c) For the purposes of this section, persons
			 will be considered to be medically indigent if they are uninsured by either
			 public or private insurers or payers for the types of services being proposed
			 and if their household or family income is equal to or less than 200 percent of
			 the poverty income established in federal regulations. Except for projects
			 involving long-term care facilities or services, persons will also be
			 considered to be medically indigent if they are eligible for Medicaid
			 services.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0020 - Procedures for Abbreviated Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Abbreviated review may be granted by the
			 division either upon request by the applicant or on the division's own
			 initiative. Decisions to grant or to not grant abbreviated review shall be
			 based on a letter of intent which has been properly filed by the applicant
			 under OAR
			 333-555-0000  through
			 333-555-0020  and on the division's findings concerning the applicable criteria for
			 abbreviated review under OAR
			 333-560-0010.
			 In addition to a letter of intent, applicants seeking abbreviated review shall
			 submit information and narrative necessary to allow the division to make
			 findings regarding the applicable criteria for abbreviated review.
(2) The division shall provide written
			 notification to the applicant that abbreviated review is:
(a) Denied and state the reason; or
(b) Granted.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0030 - Delayed or Simultaneous Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant who has submitted a letter
			 of intent may request the division to delay consideration of an application for
			 the purpose of simultaneous review. The division may, on its own initiative,
			 delay consideration of an application pursuant to subsection (1)(b) and section
			 (2) of this rule:
(a) The requesting party
			 must state reasons for the request which shall include the determination in
			 section (2) of this rule and must show reasonable evidence supporting the
			 request;
(b) A request and
			 determination that an application will be subject to simultaneous review must
			 be made prior to the first of the affected applications being declared complete
			 by the division. Although a determination may be made at the letter of intent
			 stage, delay of review will not begin until the application is submitted and
			 declared complete. However, if a delay is already in effect, additional
			 applications may be considered as part of the simultaneous review process if
			 they are declared complete before one of the events in section (3) of this rule
			 occurs.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0100 - Facility Waiver Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
A certificate of need facility waiver does not authorize a
				hospital to develop a new inpatient hospital facility or provide new long-term
				care services.
Stat. Auth.: ORS 431.120(6), 442.315 & 442.342
Stats. Implemented: ORS 431.120(6), 442.315 &
				  442.342
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0110 - Expedited Review for Relocation or Replacement of Long-Term Care Beds

Current through Register Vol. 63, No. 7, July 1, 2024
Under certain circumstances, the Public Health Division may
				approve relocation or replacement of existing long-term care beds under the
				expedited review process set forth in this rule and OAR
				333-560-0120 without the analysis of service area need specified in OAR
				333-610-0030  when all of the
				following conditions are met:
(1)
			 Relocation or replacement, under this rule, shall include:
(a) Rebuilding of all or part of a long-term
			 care facility within its service area; or
(b) Relocation of all or part of the beds in
			 two existing long-term care facilities within the same service area, at either
			 one of the facilities, or at a new location in the service area; or
(c) Combinations of the above;
(d) For the purposes of this rule, relocation
			 or replacement shall not include the conversion of existing space within a
			 hospital building;
(e) Regardless
			 of subsection (b) of this section, if the applicant can demonstrate to the
			 satisfaction of the Public Health Division that a location outside of the
			 original service area is appropriate based upon the unique nature and
			 characteristics of the population served by the facility and can satisfactorily
			 demonstrate the appropriateness of an alternative site for the replaced
			 facility, the Public Health Division may waive the requirement that the beds be
			 relocated or replaced within the original service area. To qualify under this
			 subsection, the applicant must demonstrate to the satisfaction of the Public
			 Health Division that the facility has a statewide or regional service area and
			 that it specializes in serving a distinct population with unique medical needs
			 such as children or ventilator dependent individuals with specific programmatic
			 services. Only beds which serve this type of distinct population are eligible
			 for relocation or replacement under this subsection.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0120 - Procedures for Expedited Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The expedited review process shall be initiated upon the written request of the
			 applicant, payment of the fee specified in OAR
			 333-565-0000(4),
			 and submission of four copies of the completed forms and narrative discussion
			 identified in section (2) of this rule. The forms and narrative discussion must
			 be completed to the satisfaction of the Public Health Division. As soon as
			 possible after receiving and reviewing such forms and narrative, the Public
			 Health Division shall notify the applicant whether or not the forms and
			 narrative discussion are complete. Within five working days of the date that
			 the Public Health Division notifies the applicant that the forms and narrative
			 discussion identified in section (2) of this rule are complete, the Public
			 Health Division shall rule the project eligible for expedited review.
			 Notwithstanding the previous sentence, however, a project shall not be ruled to
			 be eligible for expedited review sooner than the date of the Public Health
			 Division ruling on the letter of intent for the project.
(2) Projects undergoing expedited review are
			 exempt from the full review process detailed in division 570 of this chapter,
			 with the exception of OAR
			 333-570-0070(3)
			 to (10); and from the application
			 requirements and review criteria established in division 580 of this chapter,
			 with the exception of OAR
			 333-580-0060,
			 333-580-0090  and
			 333-580-0100.
			 Applicants must complete Forms CN-1 through CN-12 and submit four copies of
			 these forms along with four copies of the narrative discussion required by OAR
			 333-580-0060  at the time that expedited review is requested under section (1) of this rule.
			 Forms which are not relevant to the proposal need not be completed, however.
			 Applicants should contact the Public Health Division to determine which forms
			 are relevant to their proposal.
(3)
			 If all of the conditions specified in OAR
			 333-560-0110  have been met, the Public Health Division shall issue a proposed order granting
			 the certificate of need for the project. The date of this proposed order shall
			 be no later than 15 days from the date that the Public Health Division rules
			 the project eligible for expedited review. Such an order shall contain findings
			 to justify the granting of a certificate of need under this rule and OAR
			 333-560-0110,
			 but need contain no other findings.
(4) Projects granted a certificate of need
			 under the expedited review provisions are not exempt from the monitoring and
			 reporting requirements of OAR
			 333-575-0000  and
			 333-575-0010.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 431.120(6) & ORS 442.315
Stats. Implemented: ORS 431.120(6) & ORS
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0150 - Procedures for Accelerated Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The accelerated review process will be
			 initiated upon the written request of the applicant and payment of the fee
			 specified in OAR
			 333-565-0000(4).
			 Decisions to grant or not to grant accelerated review will be based on a letter
			 of intent which has been properly filed by the applicant under OAR
			 333-555-0000  through
			 333-555-0020  and on the Authority's findings concerning whether the conditions for
			 accelerated review under OAR
			 333-560-0140  and the requirements of this rule have been met. In addition to a letter of
			 intent, applicants seeking accelerated review must submit sufficient
			 information and narrative to allow the Authority to make findings regarding the
			 conditions and requirements for accelerated review set out in OAR
			 333-560-0140  and this rule. The applicant must provide the letter of intent and other
			 materials submitted for review in both electronic and paper formats.
(2) The Authority will hold at least one
			 public meeting in the geographical area affected by the proposed relocation
			 prior to issuing a decision. The purpose of the public meeting is to discuss
			 issues relevant to the project under review and to allow submission of
			 documents or other evidence relevant to the application:
(a) Authority staff will chair and conduct
			 the meeting.
(b) Any person may
			 speak at a public meeting, and any person who speaks at the public meeting may
			 be questioned by the Authority's staff. No questions by other than staff of the
			 Authority will be allowed, unless permission is given by the chair. The chair
			 may set time limits for testimony in order to assure a timely and equitable
			 presentation of information.
(c)
			 Notice of the public meeting will be given to the applicant; any hospitals
			 located in the affected service areas; newspapers providing general circulation
			 to the affected service areas; and persons who have requested and been granted
			 designation as affected parties.
(d) The Authority will not unnecessarily
			 delay scheduling the public meeting(s).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 565 - CERTIFICATE OF NEED FEES AND CIVIL PENALTIES › Section 333-565-0000 - Fees, Application for Certificate of Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public Health Division sets
			 application fees for certificates of need (checks shall be payable to the
			 Public Health Division).
(2) The
			 application fees shall not be waived, except in the case of projects which are
			 intended to predominantly serve medically indigent persons provided that such
			 projects are eligible for abbreviated review under OAR
			 333-560-0010(1).
(3) Application fees shall not be refundable
			 after the application is considered complete by the Division, except as
			 provided under subsection (6)(b) of this rule.
(4) The application fee for projects shall be
			 in accordance with the fee schedule contained in Table 4.
(5) An applicant who has submitted an
			 application which was withdrawn before being declared complete may receive a
			 refund of 90 percent of the application fee, less any legal fees incurred by
			 the Division in review of the application or its letter of intent, provided
			 that the applicant makes a written request for return of the fee. However,
			 incomplete applications which are not completed within one year of their
			 initial submission shall not be eligible for any refund of the fee.
(6) If the total project costs reported upon
			 completion of the project under OAR
			 333-575-0000(8)
 
			 differ by more than 10 percent from the costs projected in the initial
			 application, the Division will:
(a) Order the
			 applicant to pay an additional fee, if the actual costs upon completion would
			 have required a higher fee under section (4) of this rule; or
(b) Make a refund to the applicant, if the
			 actual costs upon completion would have resulted in a lower fee than that which
			 was paid at the start of the review.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 565 - CERTIFICATE OF NEED FEES AND CIVIL PENALTIES › Section 333-565-0010 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Public
			 Health Division may impose civil penalties upon any person who violates ORS
			 442.315 through 442.347, any rule promulgated thereunder, or any order issued
			 by the Division under this authority, including the violation of any condition
			 set forth in an order granting a certificate of need.
(2) A notice of civil penalty shall include a
			 statement of appeal rights as provided in ORS 183.745.
(3) Civil penalties imposed under this rule
			 shall not exceed $500 a day per violation.
Stat. Auth.: ORS 431.120(6), 431.262 & 442.315
Stats. Implemented: ORS 431.120(6), 431.262 &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0010 - Submission of Certificate of Need Application

Current through Register Vol. 63, No. 7, July 1, 2024
After the letter of intent is properly filed and the waiting
				period determined under OAR
				333-555-0010 has elapsed, an applicant which is not eligible for abbreviated review shall
				submit to the division:
(1) Four
			 completed copies of the application form provided by the division which shall
			 be substantially as shown in Division 580 of this Chapter; and
(2) The appropriate application fee made
			 payable to the State Treasurer.
(3)
			 Only one applicant is required to apply for a certificate of need for any one
			 project. If more than one party has submitted a letter of intent and been ruled
			 subject to review for the same project, the parties shall decide among
			 themselves who will apply for the certificate of need. If these parties cannot
			 agree on who shall apply, they may submit competing applications. In such
			 cases, the applications will be reviewed under the simultaneous review
			 procedures in OAR
			 333-560-0030.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0020 - Initial Review of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receiving the application and fee,
			 the division shall notify the applicant in writing not later than 15 days after
			 receipt by the division of the application and fee that:
(a) The application is complete;
(b) The application is not complete, and
			 request additional information; or
(c) The application is not complete and is
			 being returned to the applicant for necessary revision and
			 resubmission.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0030 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 determining an application complete, the division shall provide by direct
			 mailing written notification to the following that the application is complete:
(a) The applicant;
(b) Any health care facilities and HMOs
			 located in the service area which provide similar institutional health
			 services;
(c) The chairperson of
			 the council;
(d) Newspapers
			 providing general circulation to the affected community; and
(e) Persons who have requested and been
			 granted designation as affected parties.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0040 - Additional Information

Current through Register Vol. 63, No. 7, July 1, 2024
Following receipt of a complete certificate of need
				application, the division may request or accept additional information only if
				such information is necessary for the division to make an equitable and
				informed decision through application of applicable rules.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0050 - Modification to Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant may withdraw its certificate of need application from review at any
			 time.
(2) An applicant may amend
			 its application provided that such amendments are received not later than 45
			 days following submission of a complete application. This section applies only
			 during the course of review of an application and does not apply to an
			 application undergoing reconsideration or appeal:
(a) In accord with OAR
			 333-545-0020(3),
			 any substantial change in a proposal shall be considered an amendment, whether
			 or not such change is in response to concerns raised by the division.
			 Amendments include, but are not limited to, modifications such as those
			 described in OAR
			 333-575-0000(4)(a)
			 to (k). Clarifications or explanations of
			 aspects of a proposal, which do not involve material changes in the project,
			 will not be considered amendments;
(b) Amendments proposed after 45 days
			 following submission of a compete application may be made only if the division
			 agrees to accept the amendment;
(c)
			 The division may condition the consideration of any amendments submitted after
			 the deadline stated in this section on the applicant granting an extension of
			 the review period sufficient, in the division's judgment, to allow
			 consideration of the new material.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0060 - Public Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 affected by an application which is not subject to abbreviated review may
			 request the division to hold a public meeting and, if the request is timely,
			 the division shall hold such a meeting. The purpose of the public meeting is to
			 discuss issues relevant to the application(s) under review and to allow
			 submission of documents or other evidence relevant to the
			 application.
(2) Requests for a
			 public meeting shall be made not later than 21 days before the division's
			 decision is due. Applicants and other interested parties are advised to submit
			 requests for public meetings at the earliest possible opportunity, because in
			 some cases the division may issue its proposed order more quickly than
			 required.
(3) The division may hold
			 a public meeting at its initiative.
(4) Any person may speak at a public meeting,
			 and any person who speaks at the public meeting may be questioned by the
			 division's staff. No questions by other than staff of the division will be
			 allowed, unless permission is given by the chair.
(5) The administrator of the Public Health
			 Division, or the administrator's designee, shall chair and conduct the
			 meting.
(6) Notice of a public
			 meeting during the course of review shall be served on the parties specified in
			 OAR
			 333-570-0030(1).
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0070 - Decision on Approval or Denial of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 90 days of a written declaration
			 by the division of a complete application not eligible for abbreviated review,
			 unless time is extended pursuant to subsection (c) of this section or OAR
			 333-560-0030,
			 the division shall:
(a) Make written findings
			 and a decision; and
(b) Serve by
			 registered or certified mail on the following, the findings, decision and
			 notice of opportunity for reconsideration:
(A)
			 The applicant; and
(B) Persons who
			 have requested and been granted designation as affected parties.
(c) The 90-day time frame for
			 review may be extended by the division with the written agreement of the
			 applicant. In the case of applications subject to simultaneous review under OAR
			 333-560-0030,
			 extension of the time frame for review will require the written agreement of
			 all applicants involved in simultaneous review, and the same extension must be
			 applied to all such applications. If an applicant submits additional
			 information within two weeks of the date that the proposed or final decision is
			 due, the division may extend the time frame for review on its own initiative,
			 in order to allow sufficient time to review the material submitted.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 570 - CERTIFICATE OF NEED REVIEW REQUIREMENTS AND PROCEDURES › Section 333-570-0080 - Reports of Reviews Being Conducted

Current through Register Vol. 63, No. 7, July 1, 2024
At least annually, the division shall prepare reports of
				reviews being conducted, the status of each review being conducted, reviews
				completed since the last such report, and a general statement of the findings
				and decision made for completed reviews.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 575 - MONITORING OF IMPLEMENTATION AND COMPLETION OF PROJECTS WITH CERTIFICATES OF NEED › Section 333-575-0010 - Financial Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants are subject to the following financial policy and
				reporting requirements following approval of a certificate of need application,
				when these reporting requirements have not been met during the review process
				itself. The applicant shall report on the receipt of the items listed below, on
				Form SIM-1:
(1) Each applicant must
			 submit within 30 days after it becomes available, a copy of the financial
			 feasibility report if the applicant arranges for such a report.
(2) When a bond rating report is issued in
			 conjunction with a proposed bond issue to fund a certificate of need proposal,
			 the applicant must submit a copy of the report to the division within 30 days
			 of its issuance
(3) When debt
			 financing is used for a certificate of need project, the actual rate of
			 interest obtained must be reported within 30 days of securing
			 financing.
The Forms referenced are available from the
				  agency.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315